An acid attack survivor denied a bank account for not blinking sparked a national debate. Her fight led to a Supreme Court ruling declaring digital access a fundamental right under Article 21.
New Delhi: In a major judgment that highlights the struggles of acid attack survivors and people with disabilities, the Supreme Court of India has declared that access to digital services is a basic right under the Constitution.
This decision comes after a long legal fight led by Pragya Prasun, an acid attack survivor, who faced difficulties while trying to open a bank account and buy a SIM card due to her inability to blink.
In July 2023, Pragya Prasun went to an ICICI Bank branch to open a bank account. However, she couldn’t complete the Digital KYC (Know Your Customer) process.
The bank officials insisted that she must blink her eyes in front of the camera to prove her “liveness” – a mandatory requirement under the Reserve Bank of India’s KYC rules.
Due to the severe injuries from the acid attack, Pragya had lost the ability to blink. This meant she was denied the right to open a bank account in her own name.
She was told that the mandatory requirement of proving a customer’s ‘liveness’ under the Reserve Bank of India-regulated KYC process can only be fulfilled when a customer blinks his/her eyes before the camera and this could be matched with the photograph.
Pragya then raised her issue on social media. The matter caught public attention and caused widespread outrage. Soon, a bank official contacted her and said they could make an exception in her case. But Pragya felt that this wasn’t enough.
She realized that many others like her were also facing similar challenges. She decided to go to court not just for herself but for all those who are excluded from the digital system due to disability.
Pragya also faced problems when she tried to buy a SIM card. Again, she was asked to blink her eyes for the e-KYC verification. When she couldn’t, she had no choice but to purchase the SIM card in her husband’s name.
the petition filed by her lawyer Nitin Saluja says,
“Affronted by such indignity and humiliation, the Petitioner No. 1 took to social media and launched an online campaign titled, “#IWontBlink”, to raise awareness about the non-inclusive policy mandating the Digital KYC/e-KYC process which fails to cater to the needs of the disabled, and the lack of implementation of the inclusive and disabled-friendly policy regarding offline/physical KYC process,”
Pragya’s petition was joined with other similar cases where people, especially those with visual disabilities or facial injuries, were unable to complete the KYC process due to system limitations.
Now, nearly two years after her painful experience, the Supreme Court has delivered a powerful judgment in favor of victims like her. The court said that digital access is a basic part of living a full and dignified life, especially in today’s technology-driven world.
the court said,
“Right to digital access is an intrinsic component of right to life under Article 21,”
the court said,
“We have held there is need for change in KYC processes for the disabled. We have given 20 directions. The petitioners who suffer from acid attacks and blindness have been unable to complete KYC process… due to facial disfigurements. Constitutional provisions confer a statutory right on the petitioners to be accommodated in the KYC process. It is imperative that digital KYC guidelines are revised with the accessibility code. In the contemporary era, where economic opportunities etc. is through digital (access) Article 21 needs to be re-interpreted in light of such technology and the digital divide increases,”
the bench of Justice JB Pardiwala and Justice R Mahadevan said,
“The digital divide, characterised by unequal access to digital infrastructure, skills and content, continues to perpetuate systematic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities and linguistic minorities,”
The top court also reminded the government that it is their responsibility to build a digital ecosystem that includes everyone – especially the weak and vulnerable.
It noted that many government welfare schemes, including healthcare, now require digital access. This means that those who are left out of the digital world are also left out of essential services and benefits.
The court concluded that to truly ensure a life of dignity for every citizen, the digital gap must be addressed. It also ordered that all government websites, educational platforms, and online financial services must be designed in a way that everyone can use them – regardless of disability or physical appearance.
This judgment is a big step forward for people like Pragya Prasun and many others who face daily challenges due to an inaccessible system. It ensures that no one is denied basic rights just because technology was not made for them.
Case Title:
Pragya Prasun & Ors v. Union of India; Amar Jain v. Union of India
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