'Digital access fundamental right': Supreme Court on easing KYC norms for acid attack victims, persons with disabilities

The right to digital access emerges as a distinct component of the right to life and liberty, says Supreme Court

The Supreme Court on Wednesday said digital access is a fundamental right protected by the Constitution and the state must ensure digital accessibility for everyone.

The bench of Justice JB Pardiwala and Justice R Mahadevan passed the judgment on an acid attack survivor's petition, citing the problems she faced during the Know Your Customer (KYC) process at a bank.

According to Bar and Bench, the court said that the government must ensure that digital processes such as KYC are universally accessible to all, including people who may have suffered facial disfigurements or persons with disabilities. “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 said.

According to the court, digital access is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity.

"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 said.

The court stated that it has issued several directions to ensure that those with visual impairment or other such challenges are able to complete the KYC process.

"We have held there is a need for change in KYC processes for the disabled. We have given 20 directions. The petitioners who suffer from acid attacks and blindness have been unable to complete the KYC process ... due to facial disfigurements. Constitutional provisions confer a statutory right on the petitioners to be accommodated in the KYC process. It is imperative that digital KYC guidelines are revised with the accessibility code. In the contemporary era, where economic opportunities etc. is through digital (access) , Article 21 needs to be re-interpreted in light of such technology and the digital divide increases," the court said as quoted by Bar and Bench.