SC: Denying digital access violates rights, orders KYC fix for disabled

New Delhi: The Supreme Court on Wednesday declared that digital access is a fundamental right under Article 21 of the Constitution and issued 20 specific directions aimed at easing the Know Your Customer (KYC) process for individuals with visual impairments and acid attack survivors.

A Bench comprising Justices JB Pardiwala and R Mahadevan delivered the ruling in response to two public interest litigations (PILs). The judgment emphasised that the government must make digital systems, including KYC procedures, fully accessible to all, including those with facial disfigurements or disabilities.

The Court cited Articles 14, 15, and 21 to affirm that such individuals are entitled to full and equal participation in the digital economy and services. It held that the digital divide must be addressed urgently, particularly as digital verification has become a gatekeeper to economic opportunities.

One of the PILs was filed on behalf of an acid attack survivor who was denied access to a bank account by ICICI Bank in July 2023 because she could not blink her eyes to complete the 'live photo' requirement for digital KYC. The bank made an exception only after public outcry on social media. The petitioners argued that such requirements are exclusionary and discriminatory.

The Court acknowledged the challenges posed by such rigid procedures and stressed the need for revised KYC guidelines that align with accessibility norms. It ruled that these processes must be adapted to accommodate those with visual impairments and disfigurements, stating that the petitioners have a statutory and constitutional right to such accommodations.

A detailed copy of the judgment is awaited, but the verdict marks a significant step in recognising digital accessibility as intrinsic to the right to life and liberty in modern India.