In a landmark ruling, the Supreme Court on Wednesday declared digital access a fundamental right under Article 21 of the Constitution, issuing 20 directives to ensure the Know-Your-Customer (KYC) process is accessible for visually impaired individuals and acid attack survivors with eye or facial disfigurements. 

The judgment, delivered by Justices JB Pardiwala and R Mahadevan, aims to eliminate barriers to digital services, ensuring compliance with Articles 14 (equality) and 15 (non-discrimination).

“The right to digital access emerges as an intrinsic component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized,” the court stated In a 62-page ruling.

The ruling came after Amar Jain, a visually impaired lawyer, and Pragya Prasun, an acid attack survivor filed public interest litigations (PILs). Jain argued that online KYC methods, such as selfies or screen signatures, are inaccessible to those with blindness or low vision, requiring third-party assistance. 

Prasun’s plea detailed her 2023 ordeal with ICICI Bank, where she was unable to open an account due to her inability to blink for the mandatory “live photograph” required by Reserve Bank of India (RBI) guidelines.

The bench directed the Centre, RBI, and regulatory bodies like the Securities Exchange Board of India and Telecom Regulatory Authority of India to revise KYC guidelines, mandating alternative verification methods such as voice recognition or OTP-based systems.

The 20 directives include appointing accessibility nodal officers, involving blind users in testing digital platforms, and ensuring compliance with the Rights of Persons with Disabilities Act, 2016. The Court also ordered that all digital platforms, including government portals and financial services, adhere to accessibility standards, with features like sign language interpretation and audio descriptions.

The ruling builds on a 2024 PIL by acid attack survivors, reinforcing the need for inclusive KYC protocols. “Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy, and equal participation in public life,” Justice Mahadevan wrote. The orders apply to all entities conducting KYC, aiming to secure dignity and autonomy for marginalized groups in India’s digital ecosystem.

Also read: Sex education isn’t cause of promiscuity, irresponsible behaviour: Supreme Court – First Check