Supreme Court Affirms Digital Access As A Right, Directs KYC Reforms For Persons With Disabilities

Digital access is a fundamental right, and excluding persons with disability from using it is a violation of the Article 21 of the Constitution of India, the Supreme Court has said. It passed its judgment while hearing two writ petitions regarding issues in digital know your customer (KYC) norms for persons with disabilities.

It said: “Bridging the digital divide is no longer merely 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 intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalised, those who have been historically excluded.”

Digital Divide Can Enhance ‘Systemic Exclusion’

Considering that many government schemes and bank services are now provided through digital platforms, any gap in accessing these platforms can cause a greater digital divide among people, which can further lead to ‘systemic exclusion’.

The Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan, said: “In the contemporary era, where access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities. The digital divide–characterised by unequal access to digital infrastructure, skills, and content–continues to perpetuate systemic exclusion, not only of persons with disabilities, but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities.”

Bridging The Digital Divide Is A Constitutional Imperative

The court observed that bridging the digital divide is no longer merely 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 court passed its decision while hearing two writ petitions where the petitioners had asked for clarification on the meaning and interpretation of ‘live photograph’ for conducting the digital KYC / e-KYC process as per the Reserve Bank of India’s (RBI’s) KYC Master Directions, 2016. The petitions also sought reforms in the online KYC processes, which require tasks linking eyes blinking, movement of eyelids, or nodding of head to satisfy the ‘liveness’ criterion.

Noting that e-KYC is not feasible for the visually impaired and those with facial or eye disfigurement due to acid attacks, the court held that digital KYC norms should be reformed.

It said: “The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications, and assistive technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy, and a scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.”

It added: “Access to information and communication is crucial for exercising the right to freedom of opinion and expression, as articulated in Article 19 of the UDHR. These rights are foundational for enabling PWDs to live independently, participate in society, and enjoy their rights on an equal basis with others.”

The court said that amid technological advancements, the Constitution should be reinterpreted and directed that all online portals of the government and other digital platforms be made ‘Universally Accessible’ for all, including people with disability and marginalised sections of society.

It directed the Union government to form enforceable accessibility standards for all its digital platforms, services, and public infrastructure, and ensure inclusivity. The court also issued 20 directives for the authorities, including the RBI and the government departments regarding reforms in the digital KYC process and digital inclusion.