In a landmark judgment aimed at ensuring digital inclusion for the marginalised, the Supreme Court on Tuesday directed the Central Government and financial regulatory bodies to revise digital Know Your Customer (e-KYC) norms to make them accessible for persons with facial disfigurement due to acid attacks and individuals with visual impairments.
A Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan emphasized the constitutional obligation of the State to create a universally accessible digital ecosystem, especially given that welfare schemes, banking, education, and governance services are increasingly delivered through online platforms.
The Court traced this obligation to Article 21 of the Constitution, interpreting the right to life to include access to digital infrastructure.
Authoring the judgment, Justice Mahadevan stated, “The digital divide, characterised by unequal access to digital infrastructure, skills and content, continues to perpetuate systemic exclusion not only of persons with disabilities but also rural populations, senior citizens, economically weaker communities, and linguistic minorities… Bridging this divide is no longer a matter of policy discretion but a constitutional imperative to secure dignity, autonomy and equal participation in public life.”
The judgment was delivered in response to two writ petitions , Pragya Prasun v. Union of India and Amar Jain v. Union of India highlighting the challenges acid attack survivors and visually impaired individuals face in complying with current e-KYC norms, such as mandatory live photographs, blinking, and head positioning during identity verification.
The Court held that such digital processes must comply with the Rights of Persons with Disabilities Act, 2016, and issued twenty directions (to be detailed upon formal uploading of the judgment) to make e-KYC accessible. These include alternative identification methods that ensure dignity and autonomy for those with disabilities.
Justice Mahadevan noted that persons with disabilities have a statutory right to demand accessibility and reasonable accommodation, and stated that the digital KYC guidelines must be amended to align with universal design principles and accessibility codes.
The Court has now made it clear that access to digital services is not a privilege but a constitutional right, extending the scope of Article 21 to ensure digital equity for all.
