Today, On 30th April, The Supreme Court declared digital access a fundamental right and issued 20 directions to simplify the KYC process for visually impaired and acid attack victims, ensuring they can complete it without discrimination or unnecessary hardship.
New Delhi: The Supreme Court declared on Wednesday that digital access is a fundamental right. The Court also issued several directives aimed at simplifying the Know-Your-Customer (KYC) process for acid attack survivors with eye injuries and other individuals with visual impairments or low vision.
A panel comprising Justices J.B. Pardiwala and R. Mahadevan delivered the judgment in response to two public interest litigation (PIL) petitions addressing these issues.
The Court asserted that the government must ensure digital processes, including KYC, are universally accessible to everyone, including individuals with facial disfigurements or disabilities. This is protected under Articles 21 (right to life and liberty), 14 (right to equality), and 15 (protection against discrimination) of the Indian Constitution, according to the Court.
Justice R. Mahadevan stated,
“The government has a duty, under Article 21 of the Constitution, along with Articles 14, 15, and 28, to make sure that all digital services like government websites, online learning platforms, and other technologies are accessible to everyone, including those from vulnerable or marginalized groups. This includes ensuring that these services are inclusive and meet the needs of all people.”
Notably, the Court has recognized the right to digital access as an essential element of the right to life under Article 21.
The Court announced that it has issued several directions to ensure that individuals with visual impairments or similar challenges can complete the KYC process.
The Court stated,
“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,”
One of the petitions before the Court involved an acid attack survivor with severe eye disfigurement and facial damage who, in July 2023, sought to open an account with ICICI Bank.
However, she was unable to complete the Digital KYC/e-KYC process because the bank insisted on capturing a “live photograph” requiring her to blink her eyes.
According to the petition, the mandatory “liveness” requirement under the RBI-regulated KYC process can only be met if a customer blinks before the camera.
The bank later made an exception for the petitioner due to social media attention.
The PIL highlighted that many survivors face similar challenges and requested the Centre to issue new guidelines on alternative methods for conducting Digital KYC/e-KYC for acid attack survivors.
The petitioner also requested that all public and private entities conducting Digital KYC/e-KYC processes be directed to effectively implement any issued guidelines.
The petition by Pragya Prasun was drafted by advocates Nimisha Menon, Yamuna Rizvi, Ishita Soni, and Pranya Madan, and filed through advocate Nitin Saluja.
Senior Advocate Siddharth Luthra settled the plea.
Case Title: Pragya Prasun & Ors v. Union of India; Amar Jain v. Union of India