NEW DELHI: In a landmark ruling, the Supreme Court on Wednesday held that mandating physical expressions such as blinking during the e-KYC (electronic Know Your Customer) process discriminates against persons with disabilities, including acid attack survivors and those with visual impairments.
The Court stated that digital access is a fundamental right and must be made universally accessible.
“The right to digital access is intrinsic to Right to Life under Article 21 of the Constitution of India. It emerges as a distinct component of the right to life and liberty (Article 21), necessitating that the State proactively design and implement an inclusive digital ecosystem not only for the privileged but also for persons with disabilities, marginalised who are being historically excluded,” observed the bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan.
The bench was hearing two Public Interest Litigations (PILs), one filed by an acid attack survivor and another by a blind or low-vision person, challenging the inaccessibility of digital KYC procedures.
The acid attack survivor, in her plea, stated that she faced severe eye disfigurement and facial damage. In July 2023, she approached a bank to open an account but could not complete the e-KYC process because the bank required a live photograph in which she blinked. Due to this condition, she was denied access and sought relief from the apex court.
Highlighting the barriers created by such practices, the petition pointed out that the mandatory requirement of proving a customer is alive, regulated by the RBI, can currently only be fulfilled if the person blinks before the camera, effectively excluding many with disabilities.
In response, the apex court passed 20 directions to ensure accessibility in the digital KYC process. It held that acid attack survivors and persons with visual impairments are entitled to protection under the Rights of Persons with Disabilities Act, 2016.
“The 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 court stated.