The Supreme Court emphasised that digital access is a fundamental part of the right to life under Article 21 of the Constitution. The Court made this observation while addressing PILs highlighting the challenges faced by acid attack survivors and individuals with visual disabilities in completing mandatory KYC procedures. It stressed the need for the State to update digital verification norms to ensure accessibility, stating, “Right to digital access is an intrinsic component of right to life under Article 21.”
The matter arose from two PILs, one of which concerned an acid attack survivor who approached a private bank in July 2023 to open a savings account. The bank, in adherence to Reserve Bank of India (RBI) KYC regulations, required her to perform a 'live photograph' verification that involved blinking her eyes, a condition she could not fulfill due to the severe disfigurement of her face and eyes. Although the bank eventually accommodated her after public pressure on social media, the broader issue of systemic inaccessibility persisted.
The petitions highlighted that numerous individuals suffering from similar impairments have been denied access to basic banking services due to rigid and exclusionary digital KYC protocols. They urged the Court to direct the Union Government to formulate inclusive guidelines that allow alternative methods for identity verification and to ensure compliance across all banking and financial institutions, both public and private.
The counsel for the petitioners submitted that the prevailing digital KYC regime discriminates against persons with disabilities and those suffering from facial disfigurement, particularly survivors of acid attacks. It was argued that the failure of the current system to accommodate such individuals violates their fundamental rights under Article 14, Article 15, and Article 21 of the Constitution. The petitioners further contended that the right to access financial systems, especially through digital platforms, must be safeguarded as an essential element of the right to life and dignity.
They sought judicial directions to the Centre to issue new accessibility-compliant KYC protocols and to mandate all institutions conducting e-KYC processes to adopt them uniformly.
Delivering its judgment, the Bench comprising Justice JB Pardiwala and Justice R Mahadevan emphasized the necessity of restructuring digital identification frameworks to ensure inclusivity. The Court remarked, “We have held there is a 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 further stated that in the present digital era, where access to economic and governmental services increasingly depends on online identification systems, a reinterpretation of Article 21 becomes necessary. The Court stressed that the digital divide must not exacerbate existing inequalities, especially for marginalized individuals.
The Bench noted that digital protocols such as KYC must comply with accessibility standards, and that all service providers must be bound by uniform and inclusive procedures to ensure that persons with disabilities are not denied access to essential services.
The Apex Court formally held that digital access is a constitutionally protected fundamental right under Article 21. It issued a set of 20 directions aimed at revising digital KYC processes in a manner that ensures accessibility for all, particularly persons with visual impairment or facial disfigurement. The Court directed the Central Government to formulate inclusive guidelines and to ensure their implementation across all public and private institutions engaged in digital verification processes.
A detailed copy of the judgment is awaited. However, the ruling sets a precedent in aligning technological norms with constitutional mandates of equality, dignity, and non-discrimination.
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