Supreme Court says digital access fundamental right, directs KYC reforms for disabled, acid attack survivors

The Supreme Court on Wednesday ruled that digital access is a fundamental aspect of the right to life under Article 21 of the Constitution, and ordered sweeping changes in digital Know Your Customer (KYC) guidelines to ensure accessibility for persons with disabilities and acid attack survivors. A bench of Justices J.B. Pardiwala and R. Mahadevan issued 20 directions to make digital KYC procedures inclusive. The move comes in response to difficulties faced by individuals with disabilities, particularly visual impairments and facial disfigurements, in completing KYC processes that require actions like facial alignment or head movement.

The court observed that such design flaws prevent affected individuals from opening bank accounts, accessing government welfare schemes, or verifying their identity, leaving them unfairly excluded from the digital ecosystem. Justice Mahadevan, delivering the verdict, said: “The right to digital access is an intrinsic component of the right to life under Article 21,” emphasising the need for a universal design approach that leaves no citizen behind.

Digital divide affecting rural and marginalised groups

The bench noted that the digital divide — driven by gaps in infrastructure, skills, and accessible content — continues to affect rural populations, senior citizens, economically weaker sections, and linguistic minorities, in addition to the disabled. With critical services such as banking, healthcare, and education increasingly moving online, the court said it is essential to interpret the right to life in light of current technological realities.

State’s duty to create inclusive digital ecosystem

The Supreme Court highlighted the state’s constitutional responsibility to ensure all digital services are inclusive and accessible, especially for vulnerable and marginalised communities. It said the process of digital KYC must comply with accessibility codes and allow for equal participation in financial and public services.

All govt and fintech platforms must be accessible

The court directed that all government websites, educational portals, and financial technology platforms be made universally accessible, ensuring that no citizen is denied access to services due to disability or digital exclusion. 

The verdict marks a significant advancement in digital rights and disability inclusion, laying a constitutional foundation for more equitable access to the rapidly digitising public sphere.

(With PTI inputs)