The Supreme Court on Wednesday said that the right to digital access is an intrinsic component of the right to life under Article 21 of the Constitution, and ordered changes in banks’ digital know your customer (KYC) guidelines for persons with disability and acid attack survivors.
Article 21 enshrines the fundamental right to the protection of life and personal liberty.
A Supreme Court bench of Justice J.B. Pardiwala and Justice R. Mahadevan, hearing a plea by an acid attack survivor who faced hurdles during the KYC process at a bank, highlighted the constitutional importance of inclusive digital access.
The court stressed that the government must ensure processes like KYC are universally accessible, including for people with facial disfigurements or disabilities, as reported by legal news website Bar and Bench.
“This is guaranteed under Articles 21 [right to life and liberty], 14 [right to equality] and 15 [protection against discrimination] of the Constitution of India,” the court reportedly said.
The judges ruled that digital access can no longer be treated as a matter of policy discretion but has evolved into a “constitutional imperative to secure a life of dignity.”
One of the petitioners in the case, an acid attack survivor who had suffered severe eye disfigurement and facial injuries, had approached a privatised bank branch to open an account in July 2023.
She was unable to complete the digital KYC/e-KYC process as the bank insisted on capturing a “live photograph”, a requirement that involves the customer blinking their eyes before the camera to prove they are living, as mandated under the Reserve Bank of India’s KYC norms.
The petition noted that this blinking requirement posed a discriminatory barrier to individuals with facial disfigurements. In the survivor’s case, the bank made an exception only after outrage erupted on social media over the incident.
The disabled as a result, the court also said, encounter delays or are unable to establish their identity, open bank accounts, access essential services or take the benefit of government schemes.
The court has passed 20 directions on the matter earlier, the bench pointed out.
“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 court observed.
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.
Highlighting the difficulties faced by the disabled, especially in rural areas, the bench said as essential services such as health care are increasingly accessed through digital platforms, the right to life under Article 21 should be interpreted in light of the technological realities.
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.