Right to digital access part of right to life, liberty: SC directs changes in KYC process for disabled persons

“In the contemporary era, where access to essential services, governance, education, health care and economic opportunities are increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be re-interpreted in light of these technological realities,” said Justice Mahadevan, writing for the bench.

“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.

Among other directions, the court asked various ministries to direct all the regulated entities, government or private, to follow accessibility standards and appoint a nodal officer in every department responsible for digital accessibility compliance. It said all the regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve persons with blindness in user acceptance testing phase while designing any app or website, or in case a new feature is launched.

It also asked the RBI to issue guidelines to all regulated entities to adopt alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers, as mandated under the rules for the purpose of conducting Digital KYC/ e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user-convenience.

“Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life. The right to digital access, therefore, emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement an inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded,” the court said.

Digital KYC is a process of verifying a customer’s identity using digital means, like e-documents, biometric data, or Aadhaar authentication, rather than traditional paper-based methods.

One of the petitions, by acid attack victims who suffer from facial disfigurement and severe eye burns, said the current norms require facial movements such as blinking and head tilting, which are impossible for them.

The other, by a person suffering from 100% blindness, pointed to barriers in the KYC process, including the inability to take selfies, difficulties with handwritten signatures, and challenges with short OTP durations. These, it said, discriminated against persons with disabilities.