SC says digital access intrinsic to right to life, directs changes in KYC guidelines for disabled

New Delhi: The Supreme Court on Wednesday directed changes in digital know your customer (KYC) guidelines for persons with disability and acid attack survivors, saying the right to digital access is an intrinsic component of the right to life under Article 21 of the Constitution.

A bench of Justices JB Pardiwala and R Mahadevan said the changes in digital KYC guidelines for people with disability, including blindness, and acid attack survivors are necessary as they are unable to complete the KYC process and avail facilities like opening bank accounts and take benefit of welfare schemes.

The court also noted the inability of such people to conduct the KYC process, which requires them to perform visual tasks such as moving their head and positioning their faces -- tasks which they are unable to perform due to facial impairment and disfigurement.

The disabled as a result encounter delays or are unable to establish their identity, open bank accounts, access essential services or take the benefit of government schemes, it said, adding that the court has passed 20 directions on the matter.

Justice Mahadevan, who pronounced the verdict on behalf of the bench, said the right to digital access is an intrinsic component 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 are 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 top court emphasised the obligation of the state to design an inclusive digital ecosystem that is accessible to all, including the marginalised and vulnerable persons.

Since many welfare schemes and government services are provided through online platforms, the bridging of the digital divide has become a necessity to ensure a dignified life, it said.

The top court directed that all government portals, learning platforms, and financial technology services must be universally accessible to all vulnerable and marginalised sections.

It added the state under provisions of the Constitution must ensure that such a process of KYC is universally accessible to all its citizens.