Supreme Court ensures digital access for disabled people

Source: The post Supreme Court ensures digital access for disabled people has been created, based on the article “Does Article 21 include right to digital access?” published in “The Hindu” on 16 May 2025. Supreme Court ensures digital access for disabled people.

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: On April 30, the Supreme Court expanded the scope of Article 21 to include the ‘right to digital access’. It directed changes in digital Know-Your-Customer (KYC) norms to make online identity verification inclusive for persons with disabilities (PwDs), ensuring digital equality.

For detailed information on Persons with Disabilities in India read this article here

Legal Foundations for Disability Rights

1. Constitutional and Statutory Mandates: The Constitution — through the Preamble, Fundamental Rights, and Directive Principles — obligates the state to ensure equality and dignity for PwDs. These duties are supported by specific disability laws and international conventions.
2. The RPwD Act, 2016: India passed the Rights of Persons with Disabilities Act, 2016, to comply with the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The law follows a ‘social-barrier’ approach, viewing disability as arising from impairments and social or physical obstacles that hinder full participation in society.
3. Section 42: Accessibility Measures: Section 42 of the Act mandates that all media — audio, print, and electronic — must be accessible. It requires audio descriptions, sign-language interpretation, captions, and universal design in everyday electronic devices and systems.

Understanding KYC and Its Digital Framework

1. Purpose and Legal Basis: To prevent money laundering, the Prevention of Money-laundering Act, 2002, and its 2005 Rules require banks and financial institutions to verify identities and maintain records. KYC is now essential for services like opening bank or trading accounts, obtaining SIM cards, insurance, and accessing welfare schemes.
2. RBI’s 2016 Master Direction: The RBI’s Master Direction on KYC outlines a Customer Due Diligence (CDD) framework. Clause 18 introduced the Video-based Customer Identification Process (V-CIP), enabling real-time identity verification through video interaction.
3. Digital Verification Process: Customers verify identity by clicking selfies, signing on paper or digitally, uploading photos, entering OTPs, and reading a random code on screen. These steps are now standard for digital KYC.

Challenges Faced by Persons with Disabilities

1. Exclusion from Standard Methods: PwDs, including acid-attack survivors and blind individuals, have filed writ petitions. They face difficulty with steps like reading codes, writing responses, and taking selfies — making digital KYC inaccessible.
2. Non-Compliance with Accessibility Standards: Despite the 2021 and 2022 ICT Accessibility Standards, most KYC apps lack screen reader prompts, audio cues for focus or lighting, or clear guidance for uploading documents. These gaps make the process unusable for blind users.
3. Signature and Biometric Issues: Thumb impressions are not accepted, and PAN cards with such signatures are rejected. Aadhaar-based biometric systems lack basic features like text-to-speech or self-verification, adding to the exclusion.
4. Lack of Support or Assistance: RBI’s directions bar ‘prompting’ during KYC. Without support features, many users are forced to appear in person or face rejection for unclear technical reasons.

Supreme Court’s Landmark Intervention

1. Accessibility as a Fundamental Right: In Rajive Raturi vs Union of India (2024), the SC ruled that accessibility is central to Article 21 — the right to life, dignity, and movement. It had earlier upheld the need for accessible digital registration during the COVID-19 vaccination drive.
2. Directive for Inclusive KYC: The Court held that digital KYC guidelines violate disability rights. It ordered authorities to revise them with accessibility as the core requirement, based on the principle of ‘substantive equality’.
3. Broader Call for Digital Inclusion: Invoking Articles 14, 15, 21, and 38, the Court linked digital access with liberty. It stressed that all digital platforms must be inclusive, especially for PwDs, rural users, senior citizens, and linguistic minorities.

Question for practice:

Discuss how the Supreme Court’s recent judgment has expanded the scope of Article 21 to promote digital accessibility for persons with disabilities.