As it emphasized that technological changes have made digital accessibility a constitutional need, the bench provided thorough instructions to the Center, RBI, and other regulatory bodies mandating alternate means for digital KYC.
Since nearly all essential services are now mediated through digital platforms, the Supreme Court ruled on Wednesday that all digital services must be accessible to people with disabilities. The court declared digital access to be a “intrinsic component” of the fundamental right to life and liberty under Article 21 of the Constitution.
As it emphasized that technological advancements have made digital accessibility a constitutional necessity, a bench consisting of Justices JB Pardiwala and R Mahadevan issued comprehensive instructions to the Center, Reserve Bank of India, and other regulatory authorities requiring alternative methods for digital KYC.
In its 62-page decision, the court said, “The state must proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, as the right to digital access emerges as an intrinsic component of the right to life and liberty.”
The ruling followed petitions from survivors of acid attacks, headed by Pragya Prasun, and a visually challenged individual named Amar Jain, who described the challenges they have using digital services, especially those that require eye movement or facial recognition for authentication.
Inclusive KYC Reforms: SC Mandates Digital Access and Accessibility Features for Disabled Users in Services
The petitioners described their experience of being routinely denied access to necessary services since digital KYC processes frequently demand for eye blinking or facial movements, which many blind people and acid attack survivors cannot do due to facial disfigurements.
The historic decision requires extensive reforms in the public and private sectors. Accessibility nodal officers, blind users in testing, alternate verification methods beyond face recognition, dedicated helplines, and assistive software with sign language and audio explanations are now required of all regulated companies.
One of the most important court rulings for digital disability rights in India, the ruling mandates immediate compliance from all ministries, financial institutions, and digital service providers.
The author of the ruling, Justice Mahadevan, ordered that the digital know your customer (KYC) guidelines be revised to provide alternate means of verification for people who are unable to perform tasks that require facial movements or eye blinking, such as visual impairment and acid attack survivors.
The recent landmark ruling by Justice Mahadevan marks a transformative moment for digital disability rights in India, specifically addressing the exclusion faced by visually impaired individuals and acid attack survivors in digital identification systems.
The court acknowledged the testimonies of petitioners who reported being routinely denied access to essential services due to their inability to perform facial recognition tasks—such as blinking or head movements—required by digital KYC (Know Your Customer) procedures. These tasks are often impossible for individuals with facial disfigurements or total blindness.
In response, the court has mandated a complete overhaul of digital KYC protocols, emphasizing inclusivity and equal access. All government ministries, financial institutions, and private digital service providers must now revise their KYC guidelines to introduce alternate methods of identity verification that do not rely on facial recognition.
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