SC Declares Digital Access a Right, Demands Inclusive KYC
In a historic verdict, India’s Supreme Court recognizes digital access as a constitutional right and urges accessible KYC for all.
SC Declares Digital Access a Right, Demands Inclusive KYC
Supreme Court’s Verdict Aims to Bridge the Digital Divide for Disabled Citizens
In a landmark judgment poised to reshape India’s digital landscape, the Supreme Court has ruled that access to digital services is a fundamental right under the Constitution. The court also issued a strong directive to the government, urging it to ensure that processes like Know Your Customer (KYC)—vital for banking and telecom access—are inclusive of individuals with disabilities, particularly those who have suffered facial disfigurements or visual impairments.
The verdict came as Justices J.B. Pardiwala and R. Mahadevan addressed two public interest litigations (PILs) filed on behalf of acid attack survivors and persons with blindness. These groups have long faced barriers in completing standard KYC procedures due to identity verification systems that rely heavily on facial recognition or visual inputs.
Digital Rights Now Fall Under the Right to Life
In what experts are calling a judicial first, the bench expanded the interpretation of Article 21—the right to life and personal liberty—by integrating digital access as a fundamental component. The court stressed that, in today’s technology-driven era, exclusion from digital platforms amounts to denial of basic rights.
“Technology is no longer a luxury; it’s a lifeline,” the judgment reads. “To deny someone access due to their disability is to deny them participation in society itself.”
The court also cited Articles 14 and 15, which guarantee equality and prohibit discrimination, reinforcing that all citizens—regardless of physical ability—deserve equal access to public and private services facilitated through digital means.
Court Issues 20-Step Framework to Ensure Digital Inclusion
To translate its words into action, the court laid out 20 specific directives. These range from revising digital KYC policies to align with accessibility codes, to broadening biometric authentication options beyond facial and fingerprint scans. Iris scans, voice recognition, and human assistance alternatives were recommended as viable replacements to overcome current technological limitations.
Crucially, the court urged the government to integrate India’s Harmonized Guidelines and Standards for Accessibility into all digital platforms offering essential services. This would mandate that apps and websites are designed in ways that accommodate screen readers, large fonts, color contrast tools, and voice navigation.
Millions Still Left Behind by India’s Digital Boom
India may be racing ahead in digital transformation, but not everyone is keeping pace. According to the latest IAMAI-Kantar report, roughly 44% of rural Indians remain offline. Among urban users, those with disabilities often find themselves unable to use services that have become digital-only, from Aadhaar-based verifications to mobile wallet access.
For people like acid attack survivor Rekha Sharma, even basic banking becomes a bureaucratic battle. “My Aadhaar was rejected because the system couldn’t recognize my face,” she said in a recent interview. “I was made to feel invisible.”
The court’s ruling addresses this systemic failure head-on, declaring that institutions cannot let technology become a barrier to human dignity.
Legal Recognition Is Just the First Step
While the Supreme Court’s order is binding, its success will depend on swift execution. Legal experts emphasize that government departments, regulators, and private players must now collaborate to operationalize inclusive policies. Banks, fintech firms, and telecom providers must redesign digital journeys with accessibility in mind.
India can take inspiration from international models. In the U.S., the Americans with Disabilities Act (ADA) has already influenced web accessibility practices, requiring government and business websites to comply with digital usability standards. If India aligns similar efforts with its existing disability rights legislation, meaningful change could follow.
The ruling also opens the door for tech innovation. Startups and established tech firms alike are being called upon to create inclusive solutions that cater to varied needs—from AI voice assistants to screen-reader compatible apps and beyond.
Toward a More Equitable Digital Future
This judgment may very well become a turning point in how digital rights are viewed—not as technical privileges but as essential human entitlements. For millions of Indians living with disabilities, it represents more than a legal win; it signals recognition, respect, and the promise of equal opportunity in a rapidly digitizing world.
More importantly, it challenges institutions to stop treating accessibility as an afterthought and start embedding inclusion into every layer of technology design.
Conclusion:
The Supreme Court’s recognition of digital access as a fundamental right isn’t just a legal milestone—it’s a clarion call for reform. From banking systems to public services, technology must now be built for all, not just the able-bodied majority. As India continues its digital march forward, this judgment offers a powerful reminder: true progress means leaving no one behind.
Disclaimer:
This article is intended for informational and educational purposes only. It does not offer legal advice. For specific legal interpretations or assistance, please consult a licensed legal professional or official court documents.
source : News18