Supreme Court mandates inclusive eKYC for disabled, says digital access a right: Report

The Supreme Court of India on Tuesday acknowledged the right to digital access as integral to the fundamental right to life under Article 21 of the Constitution. This landmark decision mandates the revision of existing digital Know Your Customer (eKYC) norms to ensure inclusivity for persons with disabilities, such as acid attack survivors and those who are visually impaired, Livelaw reported.

The directive was part of a ruling by Justices J B Pardiwala and R. Mahadevan, responding to specific challenges faced by vulnerable groups in accessing digital services. 

In a significant move aimed at bridging the digital divide, the Court emphasised the constitutional imperative of digital inclusivity. "Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative," wrote Justice Mahadevan, highlighting the necessity for equal digital access in a rapidly digitising world. These directions are expected to make government portals, learning systems, and fintech services accessible to vulnerable populations.

The Court's ruling was catalysed by two writ petitions from individuals with disabilities who faced barriers with the existing eKYC processes. The procedures requiring facial recognition, head movements, or physical signatures posed significant challenges for many with visual impairments or facial disfigurements. Acid attack survivor Pragya Prasun, one of the petitioners, argued against the discriminatory requirement for a "live photograph," a mandate under the Reserve Bank of India's 2016 KYC Master Directions. Amar Jain, another petitioner who is completely blind, pointed out the inaccessibility of screen signatures and paper form uploads. 

As reported by LiveLaw, the Court highlighted that the petitioners are safeguarded by the Rights of Persons with Disabilities Act, 2016, granting them the right to "reasonable accommodation" when accessing services.

While the comprehensive judgment is still pending upload, the Court is said to have issued 20 specific directives to revamp the existing eKYC system in order to ensure accessibility for individuals with disabilities.

The ruling underscores the rights of these individuals under the Rights of Persons with Disabilities Act, 2016, which guarantees "reasonable accommodation" in accessing services. The Supreme Court's decision is poised to set a precedent for enhancing accessibility in digital services, aligning with the Act's provisions and ensuring that digital platforms cater to the needs of all users. By addressing these issues, the Court aims to uphold the dignity and rights of persons with disabilities, reinforcing the commitment to comprehensive digital access.