Failure to Provide Alternate Authentication for Unable Signatories is now a constitutional violation in India after the Supreme Court's April 30, 2025 judgment. It means you insisted on a single mode of signing - wet signature, eye-blink liveness, thumb biometric - and denied service to a person who is physically, visually, or educationally unable to do it, without offering a legally recognized alternative.

It covers 4 categories of unable signatories:

1. Visually Challenged / Blind
2. Persons with locomotor disability / upper limb loss / acid attack survivors with facial disfigurement
3. Illiterate persons
4. Old age / Parkinson's / persons unable to make consistent signature

1. Legal Obligation to Provide Alternate Authentication

India - New Law after Supreme Court:

A. Supreme Court of India - Pragya Prasun & Ors. v. Union of India and Amar Jain v. Union of India - Judgment 30 April 2025 - Landmark

Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held:

• They were unable to complete digital KYC/e-KYC procedures due to protocols requiring "live photographs," blinking, facial alignment, or visual responses that were inaccessible to them. This exclusion resulted in denial of banking, telecom, and government services.
• Existing KYC requirements which mandate live photographs and liveness detection processes create unreasonable barriers for individuals with permanent facial disfigurement and blindness.
• Right to Digital Access is part of Article 21 - Right to Life. Denial of digital KYC = denial of fundamental right.

Directions issued:

1. RBI shall issue guidelines to all regulated entities to adopt alternative modes for verifying "liveness" - non-visual alternatives like voice recognition, facial movements, OTP verification, thumb impressions.
2. Regulated entities must accept images of thumb impressions as valid alternatives to signatures in Digital KYC.
3. Conduct mandatory accessibility audits, ensure websites/apps comply with WCAG 2.1.
4. Preserve paper-based KYC as accessible fallback.
5. KYC forms must record disability type and need for accommodation.

B. RBI Compliance Circular 14 August 2025

Pursuant to SC order, RBI directed all regulated entities - banks, NBFCs, HFCs, credit information companies, payment system providers - to comply with SC order dated 30 April 2025.

RBI Mandates Alternative KYC Verification Methods:

• Alternative Verification: Liveness checks cannot rely only on blinking.
• All KYC apps must meet accessibility norms.
• If customer unable to provide even thumb impression, banks may accept any other identifiable mark on withdrawal form, verified in presence of two witnesses including responsible bank officer.

C. RBI Master Directions for Banking Facilities to Visually Challenged - Since 2005

Origin: Case No. 2791/2003, Court of Chief Commissioner for Persons with Disabilities order dated 05.09.2005 forwarded by IBA.

RBI said: Banking facilities including cheque book facility / operation of ATM / locker etc. cannot be denied to visually challenged as they are legally competent to contract.

• Banks should not equate visually impaired customers with illiterate customers.
• All facilities such as cheque book including third party cheques, ATM, net banking, locker, retail loans, credit cards must be offered without discrimination.
• Talking ATMs with Braille keypads and audio guidance.

D. Illiterate Persons - RBI Guidelines:

Illiterate individuals eligible to open savings accounts using thumb impression as signature substitute. Withdrawal must be witnessed.

2. What is Valid Alternate Authentication under Law?

Where a person has sufficient mental capacity to understand nature of document and only limitation is physical inability to sign, law provides alternative methods:

1. Signature by Mark: Make an "X" or thumbprint. Signing must be witnessed by two disinterested witnesses. Recognized under Indian Evidence Act Sec 3, Negotiable Instruments Act explanation, and Registration Act.
2. Thumb Impression: Left thumb for illiterate, right for literate unable to sign. In digital KYC, image of thumb impression now accepted per SC 2025 order.
3. Witnessed Signing / Scribe: Person directs another to sign on his behalf in his presence and in presence of two witnesses.
4. Biometric Alternate: Voice OTP, Aadhaar e-sign with iris, Video-based KYC (V-CIP) per RBI 2020.
5. Guardian / Authorized Representative: For persons with intellectual disabilities, per Rights of Persons with Disabilities Act, 2016.

US parallel: Washington RCW 64.08.100, RCW 11.12.030 - Notary can sign on behalf of person unable to sign if notary has proof that person can't sign or make mark but understands document. Tennessee Code § 2-2-119 - If disability prevents writing signature or making mark, person who assists shall write name for registrant.

3. Case Laws on Failure

A. Punjab & Haryana High Court - RBI v. PWD Candidate (2023)

Petitioner cracked RBI Office Attendant exam, but biometric thumb data could not be obtained due to physical disability. RBI denied appointment letter.

High Court: Approach of RBI is pedantic and mechanical and law does not require anything to be done which is humanly impossible. Directed RBI to issue appointment letter with alternate authentication.

Principle: If procedure requires humanly impossible act from disabled person, employer must provide alternative.

B. Chief Commissioner for Persons with Disabilities - Case No. 2791/2003 (2005) - Foundation of Visually Impaired Banking

Visually challenged persons complained banks denied cheque book, ATM, locker facility on ground of risk.

Held: Visually impaired persons cannot be denied facility of cheque book, locker and ATM on possibility of risk. Risk argument invalid because they are legally competent to contract.

This order is still cited in every RBI circular on inclusive banking.

C. Madras High Court - Disabled Candidate Failed to Sign Answer Sheet - Group-IV Services

Candidate with 60% locomotor disability failed to sign answer sheet. He argued inability.

Court refused relief because: Instructions very specifically stipulate various options, instead of affixing signature to at least affix either one thumb impressions, if both are not possible.

Principle: If alternate option (thumb impression) was available and not used, failure is on candidate, not authority. Conversely, if authority fails to offer alternate, authority is liable.

D. Supreme Court 2025 - Pragya Prasun - Acid Attack Survivor Denied KYC

Acid attack victim denied digital KYC after bank said her videos failed liveliness test because she was unable to blink due to burn scars.

SC held: Denial = violation of Article 21, 14, and RPwD Act, 2016 Sec 13, 40-46.

Directed RBI and all REs to implement inclusive eKYC.

E. USA - Edenborough v. ADT - Cybersecurity flaws but relevant to authentication

Court sustained fraudulent omission claims against ADT relating to cybersecurity flaws in home security devices - even without hacking. Failure to disclose that device could be bypassed.

Applied to authentication: If you claim your authentication is secure but you have no alternate for disabled, you are making deceptive claim under Consumer Protection.

4. Consequences of Failure to Provide Alternate

1. Constitutional Tort: Under SC 2025 judgment, denial of banking/telecom to PwD is violation of fundamental right - writ petition maintainable, compensation.
2. Penalty under RPwD Act, 2016 Sec 89-93: Failure to provide accessibility = fine up to Rs 5 lakh + imprisonment.
3. RBI Penalty: Under Banking Regulation Act - failure to comply with RBI circular on inclusive banking = penalty Rs 1 crore+.
4. Consumer Forum: Deficiency of service under Consumer Protection Act, 2019.
5. Contract Voidability: Document signed without proper alternate authentication and witnesses can be challenged as not properly executed.

5. Compliant SOP for Unable Signatories

As per RBI + SC 2025:

For Branch:

• Ask: Can you sign? If not, offer thumb impression.
• If no thumb, offer any mark + 2 witnesses (1 officer + 1 customer).
• Record disability type in account opening form.
• Do not equate blind with illiterate - blind can sign, can get cheque book.
• Provide talking ATM, Braille kit.

For Digital:

• Liveness: Offer options - blink OR voice command "say 1234" OR turn head OR OTP + human officer video verification.
• Accept thumb impression image upload as signature alternative.
• Keep paper KYC fallback.