The Supreme Court of India, in a significant judgment, has held that the right to digital access is a component of the fundamental right to life under Article 21 of the Constitution, and has directed authorities to revise digital Know-Your-Customer (KYC) guidelines to ensure accessibility for persons with visual impairments and acid attack survivors.
A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan issued the directions in two writ petitions, stressing that the State is constitutionally obligated to create a digitally inclusive ecosystem, especially for vulnerable and marginalized groups. Since key services—including welfare schemes and banking—are increasingly accessed online, ensuring equal access is not just policy, but a constitutional imperative, the Court said.
Digital Access as a Fundamental Right
Justice Mahadevan, writing the judgment, observed that in today’s digital era, access to essential services such as education, healthcare, financial platforms, and governance is heavily reliant on technology. Hence, the right to life and dignity under Article 21 must be interpreted to include the right to digital access.
The Court pointed out that the digital divide, marked by unequal access to devices, connectivity, digital skills, and content, disproportionately affects:
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Persons with disabilities (PwDs),
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Rural populations,
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Economically weaker sections,
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Elderly citizens,
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Linguistic minorities.
The bench emphasized that digital transformation must be inclusive and equitable, and the absence of accessible websites, assistive technologies, and regional content continues to marginalize already vulnerable groups.
“Bridging the digital divide is now a constitutional requirement, not merely a policy goal,” the Court stated.
Directive for Inclusive eKYC
The Court specifically addressed issues faced by individuals with facial disfigurements and visual disabilities in completing the digital KYC process, which typically involves tasks like blinking, head movement, or aligning within facial frames—actions many with disabilities find impossible.
Accordingly, the Court issued twenty directions (to be detailed in the official judgment) to revise KYC guidelines under the Rights of Persons with Disabilities Act, 2016. It directed that reasonable accommodations must be made to ensure access to:
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Financial services,
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e-Governance,
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Learning platforms,
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Digital identification systems.
Petitions Filed
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W.P.(C) No. 289/2024: Pragya Prasun vs Union of India
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Filed by an acid attack survivor, the plea requested alternative methods for digital KYC for persons with permanent facial disfigurement or eye damage.
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It questioned the rigid interpretation of the term “live photograph” in the RBI’s KYC Master Directions, 2016, and sought flexibility.
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W.P.(C) No. 49/2025: Amar Jain vs Union of India & Ors.
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Filed by a 100% blind individual, this petition highlighted the inaccessibility of KYC steps like uploading selfies, signing on paper or digitally, OTP issues, and scanning documents.
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The petitioner argued these practices violate both constitutional rights and provisions of the 2016 Act.
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The Court had clubbed both petitions and reserved judgment on January 28, 2025. The verdict clearly upholds the right of persons with disabilities to demand accessible digital infrastructure, including in financial services, and mandates the State to adopt inclusive design practices across platforms.
Case Details
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Title:
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AMAR JAIN v UNION OF INDIA & ORS. – W.P.(C) No. 49/2025
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PRAGYA PRASUN v UNION OF INDIA – W.P.(C) No. 289/2024
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Citation: 2025 LiveLaw (SC) 507
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Counsel:
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For Petitioners: Sr. Adv. Siddharth Luthra, Ramesh Babu M. R. (AOR), Ankur Sood (AOR), Ila Sheel
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For Respondents: ASG Brijender Chahar
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