Digital access intrinsic to right to life, SC rules

The bench issued comprehensive directions to the Centre, RBI and other regulatory authorities requiring alternative methods for digital KYC, as it stressed that technological advancements have made digital accessibility a constitutional necessity

The Supreme Court on Wednesday ruled that all digital services must be accessible to persons with disabilities, declaring digital access an “intrinsic component” of the fundamental right to life and liberty under Article 21 of the Constitution as almost all essential services are now mediated through such platforms.

Digital access intrinsic to right to life, SC rules

A bench comprising Justices JB Pardiwala and R Mahadevan issued comprehensive directions to the Centre, Reserve Bank of India and other regulatory authorities requiring alternative methods for digital KYC, as it stressed that technological advancements have made digital accessibility a constitutional necessity.

“The right to digital access 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,” the court stated in its 62-page ruling.

The judgment came in response to petitions filed by acid attack survivors led by Pragya Prasun and by Amar Jain, a visually impaired person, who detailed the difficulties they face with digital services, particularly those requiring facial recognition or eye movement for verification.

The petitioners narrated their ordeal of being systematically excluded from essential services as digital KYC procedures often require facial movements or blinking of eyes—actions impossible for many acid attack survivors with facial disfigurements and blind persons.

The landmark ruling mandates comprehensive changes across both government and private sectors. All regulated entities must now appoint accessibility nodal officers, involve blind users in testing, implement alternative verification methods beyond facial recognition, establish dedicated helplines, and procure assistive software with sign language and audio descriptions.

The judgment requires immediate compliance from all ministries, financial institutions, and digital service providers—marking one of India’s most significant judicial interventions for digital disability rights.

Justice Mahadevan, who authored the judgment, directed revision of digital know your customer (KYC) guidelines to ensure alternative verification methods for those who cannot complete procedures requiring blinking of eyes or facial movements, such as visually impaired persons and acid attack survivors.

“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,” the judgment emphasised.

The court ordered all ministries and regulatory bodies including the Securities Exchange Board of India, Telecom Regulatory Authority of India, Pension Fund Regulatory and Development Authority, and Insurance Regulatory and Development Authority of India to ensure regulated entities—whether government or private—follow prescribed accessibility standards.

The court specifically mandated that websites, mobile applications and digital platforms be made accessible in accordance with Section 46 of the Right of Persons with Disability Act, 2016, which requires “both electronic and print media to be accessible to persons with disabilities”.

The bench directed that before introducing any app or new feature, regulated entities must involve persons with blindness to test their accessibility features. RBI has been instructed to issue guidelines for alternative modes for e-KYC verification beyond the traditional “blinking of eyes,” suggesting video-based or OTP-based alternatives. The judgment also proposed allowing completed KYC procedures to be shared with other entities from the Central KYC register.

Addressing broader accessibility concerns, the court ordered authorities to procure software that provides options for sign language interpretation, closed captions and audio descriptions for visually and hearing-impaired users. All devices must comply with accessibility standards notified by the Bureau of Indian Standards.

In its analysis, the court recognised that unequal access to digital infrastructure affects not only persons with disabilities but also rural populations, senior citizens, economically weaker communities and linguistic minorities due to “poor connectivity, limited digital literacy, and scarcity of content in regional languages.”

“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,” Justice Mahadevan wrote.

Directives on digital accessibility

*All digital services, government and private, must be accessible to persons with disabilities

*KYC guidelines must be revised to provide alternatives to facial recognition and eye-blinking

*Pre-launch testing of apps and features by persons with blindness mandatory for regulated services

*Dedicated helplines and grievance redressal mechanisms to be established

*Assistive software with sign language, closed captions required for all platforms offering citizen services