In a historic ruling delivered on April 30, the Supreme Court of India declared that the right to digital access is a fundamental part of the right to life under Article 21 of the Constitution. The Court emphasized that digital platforms, particularly the e-KYC process, must be inclusive and accessible to persons with disabilities, including individuals with blindness, low vision, and facial disfigurement due to acid attacks or accidents.
"Technology should serve every citizen equally. Denying access to digital services because of disability is a denial of dignity." – Supreme Court Bench
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The verdict came in response to two writ petitions—one by Amar Jain, a visually impaired petitioner, and another by acid attack survivor Pragya Prasun. Both petitioners highlighted the exclusionary nature of current e-KYC norms that rely heavily on biometric inputs like blinking eyes or face recognition, which are inaccessible to many disabled individuals.
The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan acknowledged that digital identification methods such as live photographs, facial recognition, and video-based KYC (V-CIP) create serious barriers for disabled individuals, especially those unable to blink or visually align their faces for photographs.
Court Directions:
The Supreme Court issued comprehensive guidelines to the Reserve Bank of India (RBI), financial institutions, and other authorities:
- RBI must issue new guidelines to incorporate alternative methods for verifying the “liveness” of customers that go beyond blinking or facial recognition.
- Regulated entities must accept thumb impressions during the e-KYC process.
- A nodal officer must be appointed in every department to oversee digital accessibility compliance.
- All government and private entities must undergo periodic accessibility audits by certified professionals and involve persons with blindness in user testing.
- All government websites must comply with Section 46 of the Rights of Persons with Disabilities Act, 2016, ensuring digital and print accessibility.
"The digital world must reflect the principles of equality and non-discrimination." – Justice R. Mahadevan
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Additionally, the Court directed authorities to redesign KYC forms to record disability details, enable audio descriptions, closed captions, and offer Braille and easy-to-read formats for all government notifications and public services.
The Court also ordered:
- Implementation of Web Content Accessibility Guidelines (WCAG) 2.1 and Indian Government Website Guidelines (GIGW).
- Establishment of grievance redressal mechanisms and dedicated helplines for accessibility-related issues.
- Promotion of public awareness campaigns to educate about alternative KYC methods.
- Mandatory disability sensitization training for staff in regulated entities.
“The Supreme Court’s judgment brings hope to millions who were digitally excluded due to physical limitations,” said petitioner Pragya Prasun.
Case Details: AMAR JAIN v UNION F INDIA AND ORS., W.P.(C) No. 49/2025 & PRAGYA PRASUN VS. UNION OF INDIA W.P.(C) No. 289/ 2024
Appearances: Siddharth Luthra, Sr. Adv (Petitioner) & Ramesh Babu M. R., AOR; Ankur Sood, AOR; Brijender Chahar, A.S.G.; (Respondents) [Pragya's petition] & Advocate Ila Sheel [for Amar's petition]
