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| 'Digital access intrinsic component': SC directs inclusive KYC process for disabled | | | Agencies
New Delhi, Apr 30: Upholding inclusivity rights, the Supreme Court on Wednesday directed changes in the digital KYC process enabling acid attack survivors and persons with visual disabilities to access banking services and welfare schemes, among others.
A bench of Justices J B Pardiwala and R Mahadevan passed 20 crucial directions to the Centre and its departments aside from the Reserve Bank of India (RBI) for making the digital KYC process inclusive and accessible for the disabled.
The bench said bridging the digital divide was no longer merely a matter of policy discretion but 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 marginalised, those who have been historically excluded," the bench said.
In the contemporary era, the bench said, where access to essential services, governance, education, healthcare and economic opportunities was increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities.
"The digital divide – characterised by unequal access to digital infrastructure, skills, and content – continues to perpetuate systemic exclusion, not only of persons with disabilities, but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities. The principle of substantive equality demands that digital transformation be both inclusive and equitable," the bench said.
Persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assistive technologies, it added.
The top court verdict came on two pleas including the one filed by acid attack survivors suffering from facial disfigurement and severe eye burns aside from a person with 100 per cent blindness.
Justice Mahadevan, who penned the verdict on behalf of the bench, said persons in remote or rural areas often faced poor connectivity, limited digital literacy, and a scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.
"In such circumstances, the State's obligations under Article 21– read in conjunction with Articles 14,15 and 38 of the Constitution– must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs of all vulnerable and marginalised populations," the 62-page verdict said.
The bench said while digital KYC had benefitted general public by making verification processes faster and more efficient, persons with blindness and low vision continued to face hurdles in accessing and completing such procedures.
The top court passed the directions to stakeholders and said the ministries should direct all regulating entities -- government or private -- to follow accessibility standards as prescribed from time to time.
"The respondents shall appoint a nodal officer in every department responsible for digital accessibility compliance," it said. 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 app or website or in case of any new feature being launched, the bench added. |
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