Digital access is a right: SC directs KYC changes for disabled persons

The Supreme Court on Wednesday held that digital access is an intrinsic component of the right to life.

 

"The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalised, those who have been historically excluded," the court said.

 

The court also directed changes in digital know your customer (KYC) guidelines for persons with disability and acid attack survivors, saying the right to life under Article 21 of the Constitution must be reinterpreted in light of technological realities.

 

“At this juncture, we wish to observe that in the contemporary era, where access to essential services, governance, education, health care, and economic opportunities are increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities,” a Bench of Justices J B Pardiwala and R Mahadevan said.

 

The court directed the Centre to make the process of digital KYC accessible to the disabled, particularly those with facial disfigurements and visual disabilities. It also directed different ministries to ask all regulating authorities, government or private, to follow accessibility standards as prescribed from time to time.

 

The court also ordered the Reserve Bank of India (RBI) to ensure that entities conducting customer due diligence and onboarding new customers could use the video-based KYC process, in line with the 2016 KYC provisions in which blinking of the eyes was not mandatory.

 

Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty.

 

The court said the changes in digital KYC guidelines for people with disability, including blindness, and acid attack survivors are necessary as they are unable to complete the KYC process and avail themselves of facilities like opening bank accounts and accessing welfare schemes.

 

“The digital divide, characterised by unequal access to digital infrastructure, skills, and content, continues to perpetuate systemic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities,” the court said.

 

The court said that government portals, learning platforms, and financial technology services must be 'universally accessible' to all vulnerable and marginalised sections.

 

“In such circumstances, the state's obligation under Article 21, read with Articles 14, 15, and 38 of the Constitution, must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive, and responsive to the needs of all vulnerable and marginalised populations,” it said.

 

Holding that acid attack survivors and persons with visual impairment are entitled to protection under the Rights of Persons with Disabilities Act, 2016, the court issued twenty directions to make the eKYC process accessible to them.

 

The judgment came on a plea by Pragya Prasun, who had sought guidelines for an inclusive KYC process for acid attack survivors and persons with permanent eye damage.