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Informist, Wednesday, Apr. 30, 2025

 

NEW DELHI – Observing that right to digital access emerges as an intrinsic component of Right to Life and Liberty, the Supreme Court on Wednesday gave directives to make the process of digital know-your-customer accessible to persons with disabilities, especially facial and eye disfigurements due to acid attacks and visual impairments, and make digital accessibility for persons with disabilities easier.

 

The top court said bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life. "The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, those who have been historically excluded," said the court.

 

The top court said it was imperative that the digital know-your-customer guidelines are revised with accessibility at the core.  "...in the contemporary era, where access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities," said the court.

 

The apex court asked the government to direct all banking companies and financial institutions, who are reporting entities, to verify the identity of their clients, and to follow accessibility standards as prescribed from time to time. The government and other respondents shall appoint a nodal officer in every department responsible for digital accessibility compliance, said the court.

 

All regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve persons with blindness in user acceptance testing phase while designing any application or website or in case of any new feature being launched, said the court. 

 

The top court asked the Reserve Bank of India to issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying the "liveness" or capturing a "live photograph" of the customers for the purpose of conducting digital know-your-customer beyond the traditional "blinking of eyes" to ensure inclusivity and user-convenience. The RBI shall issue appropriate clarifications to all regulated entities that they have customer due diligence and on-boarding of new customers can be done using the video-based know-your-customer process, wherein blinking of the eyes is not a mandatory requirement, said the court.

 

The Bench of Justices J.B. Pardiwala and R. Mahadevan asked the respondent authorities to design their know-your-customer templates or customer acquisition forms to capture disability type and percentage of the customer and appropriately record as part of the account records so as to provide them accessible services or reasonable accommodations. The authorities should provide clear directions to all regulated entities to accept image of thumb impression during the digital know-your-customer process, the bench added. The RBI shall amend the master direction on know-your customer so as to enhance the implementation of the 'OTP (One-Time-Password) based e-KYC authentication' (face-to-face) to customers, said the court.

 

The court called for continuation of the paper-based know-your-customer process for verification of customers. The authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearing impaired users, said the court. The authorities shall develop alternative formats including Braille, easy-to-read formats, voice-enabled services, to disseminate government notifications and deliver public services, ensuring accessibility for all, the court added.

 

The court asked the regulated entities to procure or design devices, websites, applications and software in compliance with the accessibility standards for information and communication technology products and services notified by the Bureau of Indian Standards. The authorities shall ensure that online services including e-governance platforms, digital payment systems, and e-launching platforms, are accessible to persons with disabilities, thereby fostering a barrier-free digital environment, the court added.

 

The apex court was hearing petitions from acid attack victims, who suffer from facial disfigurement and severe eye burns and the ones suffering from 100% blindness. The petitioners sought guidelines for conducting digital know-your-customer processes through alternative methods. This method should ensure that the process is more inclusive and accessible to all persons with disabilities-particularly acid attack survivors suffering from permanent facial and eye disfigurement and similarly placed individuals, including persons with blindness and low vision, said the petitioners. Further, the petitioners sought to ensure that adequate measures are undertaken to guarantee accessibility and provide reasonable accommodations for persons with disabilities, in accessing financial services, telecommunications, and government schemes.  End

 

Reported by Surya Tripathi

Edited by Ashish Shirke

 

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