The
Supreme Court on Wednesday said digital access constitutes a fundamental right.
It also gave several instructions to make the know-your-customer (KYC) process
easier for acid attack survivors with eye injuries and for others who have low
vision or are visually impaired, Bar and Bench reported.
The
ruling came in response to two public interest litigations (PILs) focused on
the challenges faced by those with disabilities in accessing digital platforms.
A Bench comprising Justices JB Pardiwala and R
Mahadevan said that digital procedures, such as KYC, must be accessible to all
citizens, including those with facial disfigurements and disabilities. The top
court held that such inclusivity is guaranteed under Articles 21 (Right to
Life), 14 (Right to Equality), and 15 (Protection Against Discrimination) of
the Constitution.
The top court declared that the right to digital
access is a vital part of the fundamental right to life enshrined in Article 21.
To address the barriers faced by persons with visual
or facial impairments, the apex court said it had issued 20 directions to make
the KYC process more accessible.
‘KYC rules must
include accessibility’
“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 stated. The
detailed judgment outlining these directions is yet to be released.
One of the petitions involved an
acid attack survivor who suffered extensive damage to her eyes and face. In
July 2023, she attempted to open a bank account with ICICI Bank but was unable
to complete the digital KYC process. The bank had insisted on capturing a ‘live
photograph’, requiring her to blink as proof of living — a mandatory element under
Reserve Bank of India (RBI) norms, the news report mentioned.
The petition noted that the bank
only allowed an exception after public outrage erupted on social media.
The
PIL pointed out that many acid attack survivors and persons with disabilities
face similar hurdles, and urged the Central government to frame new guidelines
to allow alternative methods for completing digital KYC procedures.
The
petitioner further sought a directive mandating both public and private
entities to comply with any such inclusive guidelines once issued.