Key Points
- Digital Access Recognized as Fundamental Right: Supreme Court rules digital access is intrinsic to the right to life under Article 21.
- Inclusive KYC Mandate: Court directs government to revise KYC/e-KYC processes to accommodate acid attack survivors and persons with disabilities.
- 20 Specific Directions Issued: Steps ordered to ensure universal digital accessibility for all, including marginalized and rural populations.
- Case Triggered by Exclusion: Acid attack survivor denied bank account due to mandatory ‘live photo’ KYC rule; exception made only after public uproar.
- Constitutional Backing: Judgment cites Articles 14, 15, and 21 to guarantee equality, non-discrimination, and dignity in digital access.
New Delhi: In a historic judgment on April 30, 2025, the Supreme Court of India declared digital access a fundamental right, ordering the government to make all digital services-including the Know Your Customer (KYC) process-universally accessible to persons with disabilities, acid attack survivors, and other marginalized groups.
Background: Barriers Faced by Acid Attack Survivors and Disabled Persons
The case was prompted by the ordeal of Pragya Prasun, an acid attack survivor who suffered severe facial and eye disfigurement. In July 2023, she was unable to open a bank account at ICICI Bank because the digital KYC process required her to blink for a “live photograph”-a physical action she could not perform. Only after a social media outcry did the bank make an exception for her.
Other petitioners, including Amar Jain, a 100% blind advocate, highlighted systemic barriers in digital KYC, such as the inability to take selfies, sign on screens, or respond to short OTP durations, effectively excluding them from essential financial and government services.
Court’s Observations and Constitutional Reasoning
A bench of Justices JB Pardiwala and R Mahadevan observed that access to essential services-banking, healthcare, welfare schemes-is now largely mediated through digital platforms. The Court emphasized that the digital divide perpetuates exclusion not only for persons with disabilities but also for rural populations, senior citizens, and linguistic minorities.
“The right to digital access emerges as a distinct component of the right to life and liberty, necessitating that the State proactively design and implement an inclusive digital ecosystem not only for the privileged but also for the marginalised who are being historically excluded,” the judgment stated.
The Court cited Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and liberty) of the Constitution, affirming that petitioners are statutorily and constitutionally entitled to reasonable accommodation in digital processes.
20 Directions for Inclusive Digital KYC
The Supreme Court issued 20 directions to ensure that digital KYC and related processes are accessible to all, particularly those with facial disfigurements or visual impairments. Key mandates include:
- Revising digital KYC guidelines to align with accessibility codes and the Rights of Persons with Disabilities Act, 2016.
- Ensuring all government portals, e-learning platforms, and fintech services are universally accessible to vulnerable and marginalized groups.
- Allowing alternative verification methods for those unable to complete standard biometric or visual KYC steps.
- Proactive measures to bridge the digital divide, especially in rural and economically weaker sections.
Broader Impact and Future Directions
This judgment marks a turning point in India’s digital governance, recognizing that digital inclusion is not just a policy goal but a constitutional imperative. The Court’s directions are expected to prompt sweeping reforms in banking, e-governance, and digital service delivery, ensuring that no citizen is denied access due to disability, disfigurement, or lack of digital infrastructure.
The Supreme Court’s ruling enshrines digital access as a fundamental right and mandates systemic changes to make digital services, especially KYC, accessible for all Indians-affirming the nation’s commitment to equality, dignity, and justice in the digital age.
