SC Affirms Digital Access As Fundamental Right

SC Affirms Digital Access As Fundamental Right

Why in the News ?

The Supreme Court, on April 30, ruled that Article 21 includes the right to digital access, directing the revision of KYC norms to ensure inclusivity for persons with disabilities (PwDs), particularly the visually impaired and acid-attack survivors.

SC Affirms Digital Access As Fundamental Right

Legal Framework and KYC Challenges for PwDs:

  • The Rights of Persons with Disabilities (RPwD) Act, 2016 adopts a social-barrier approach, recognizing disability as interaction with environmental and systemic obstacles.
  • Section 42 mandates accessible media and universal design in all electronic interfaces.
  • KYC norms under the Prevention of Money-laundering Act, 2002 and RBI’s 2016 Master Direction require digital verification, including video-KYC (V-CIP), selfies, OTPs, and random code reading — excluding many PwDs.

Exclusion in Practice and Accessibility Gaps

  • Visually impaired and acid-attack survivors face hurdles due to non-inclusive KYC apps, lack of audio prompts, and rejection of thumb impressions.
  • Many apps violate ICT Accessibility Standards (2021, 2022) with no screen-reader support or text-to-speech features.
  • Blind users are often forced to appear in person, facing discrimination and technical rejection.

  • RBI’s norms disallow any external prompting, further marginalizing those who need assistance.

Supreme Court Intervention and Broader Impact

  • SC reaffirmed that digital accessibility is integral to Article 21 – the right to life, dignity, and liberty.
  • The Court invoked Articles 14, 15, 21, and 38, aligning with the UNCRPD and promoting substantive equality.

  • It directed the government to revise digital KYC norms and digital infrastructure to ensure universal access, benefiting not just PwDs but also the rural poor, elderly, and linguistic minorities.

About Article 21:

●     Part of the Indian Constitution, Article 21 guarantees the right to life and personal liberty.

●     Interpreted broadly by the Supreme Court to include privacy, dignity, and now digital access.

●     Serves as the foundation for various socio-economic rights for all individuals, including persons with disabilities (PwDs).

About RPwD Act :

●     The Rights of Persons with Disabilities (RPwD) Act, 2016 aligns with the UNCRPD to protect PwD rights.

●     It adopts a social-barrier model of disability.

●     Mandates universal design, reasonable accommodation, and accessible infrastructure, especially in public services and digital platforms.

KYC Norms:

●     Know Your Customer (KYC) norms ensure verification of identity for financial and government services.

●     Mandated under the Prevention of Money Laundering Act, 2002.

●     Includes e-KYC and video-KYC (V-CIP) methods, which often exclude PwDs due to lack of accessibility features.

Digital Access:

●     Refers to the ability of individuals to use digital services and platforms equitably.

●     Critical for accessing banking, healthcare, education, and government schemes.

●     The Supreme Court recently upheld digital access as a fundamental right under Article 21, emphasizing inclusion of PwDs.

PwD Rights:

●     Encompass equal participation, non-discrimination, and accessibility in all areas of life.

●     Protected under RPwD Act, 2016, Constitutional Articles (14, 15, 21), and international conventions.

●     Includes the right to accessible digital services, education, employment, and public infrastructure.

About Supreme Court:

●     India’s apex judicial authority, ensuring the enforcement of constitutional rights.

●     Interprets laws in light of social justice and equality principles.

●     In April 2024, it ruled that digital exclusion of PwDs violates Article 21, mandating changes in KYC procedures.

About UNCRPD:

●     The United Nations Convention on the Rights of Persons with Disabilities is an international human rights treaty.

●     Promotes dignity, autonomy, and inclusion of PwDs in society.

●     India’s RPwD Act derives its framework from this Convention, mandating non-discrimination and accessibility.