Digital access intrinsic to right to life: SC directs KYC changes for disabled

New Delhi: The Supreme Court on Wednesday mandated revisions to digital Know Your Customer (KYC) guidelines to accommodate persons with disabilities and acid attack survivors, emphasising that the right to digital access is an integral part of the right to life under Article 21 of the Constitution.

A bench comprising Justices JB Pardiwala and R Mahadevan highlighted the necessity of these changes, noting that individuals with disabilities, including blindness, and acid attack survivors face significant challenges in completing the KYC process. These barriers prevent them from accessing essential services such as opening bank accounts and benefiting from welfare schemes.

The court also noted the inability of such people to conduct the KYC process, which often involves visual tasks like moving their head or positioning their faces—actions that are difficult or impossible for those with facial impairments or disfigurements.

As a result, such individuals experience delays or are unable to establish their identity, open bank accounts, access essential services, or benefit from government schemes. The court emphasised the need for inclusivity and announced 20 directions to address these issues.

Justice Mahadevan, delivering the verdict on behalf of the bench, reiterated that the right to digital access is a fundamental aspect of the right to life under Article 21 of the Constitution.

The top court said that the constitutional provisions and legal provisions confer upon the aggrieved petitioners the statutory right to demand accessibility and appropriate accommodation in the digital KYC process.

It was imperative that the digital KYC guidelines were revised with the accessibility code, it added.

Highlighting the difficulties faced by the disabled, especially in rural areas, the bench said as essential services such as healthcare are increasingly accessed through digital platforms, the right to life under Article 21 should be interpreted in light of the technological realities.

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

The Supreme Court underscored the state's responsibility to create an inclusive digital ecosystem that ensures accessibility for all, particularly marginalised and vulnerable groups. It highlighted the growing reliance on online platforms for welfare schemes and government services, emphasising that bridging the digital divide is essential to guarantee a dignified life.

The court directed that all government portals, educational platforms, and financial technology services must be universally accessible to vulnerable and marginalised sections of society. It further stated that, under constitutional provisions, the state must ensure that the KYC process is universally accessible to all citizens.


(inputs from PTI)

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