Supreme Court affirms accessibility as a fundamental right for persons with disabilities

BACKGROUND: SUPREME COURT’S LANDMARK RULING

• Date: April 30, 2024
• Issue: Inaccessibility of digital KYC processes for persons with disabilities (PwDs)
• Ruling: Supreme Court reinterprets Article 21 (Right to Life and Liberty) to include the Right to Digital Access
• Directive: Ordered revision of KYC norms to ensure inclusivity for PwDs

WHAT LEGAL FRAMEWORK PROTECTS PWDS?

Constitutional Backing

• Preamble, Fundamental Rights, and Directive Principles protect rights of PwDs.
• India is a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

RPwD Act, 2016

• Adopts a social-barrier approach to disability.
• Defines disability as arising not just from impairments, but also social, physical, and psychological barriers.
• Section 42 mandates:
  • Accessibility in audio, print, and electronic media
  • Use of universal design principles for digital interfaces

WHY IS KYC VERIFICATION MANDATORY?

• Required under Prevention of Money Laundering Act, 2002
• Ensures:
  • Identity verification
  • Prevention of financial fraud
• Covers access to:
  • Bank accounts
  • SIM cards
  • Government subsidies
  • Insurance and pension schemes

 Digital KYC (V-CIP) Methods Include:

• Selfie-based verification
• OTP verification
• Reading randomly generated codes
• Digital signature and scanned form uploads

CHALLENGES FACED BY PWDS IN DIGITAL KYC

 Exclusion of Visually Impaired and Acid-Attack Survivors

• Current video-KYC requirements are not disability-friendly
• Facial recognition and code reading exclude:
  • Blind users
  • Users with facial disfigurement

Lack of Accessibility Features

• Apps and websites do not comply with ICT Accessibility Standards (2021, 2022)
• No screen-reader prompts or audio cues
• No support for:
  • Thumb impressions
  • Aadhaar biometric alternatives
• RBI prohibits prompting during verification — leading to failed KYC attempts

SUPREME COURT’S KEY OBSERVATIONS

Accessibility as a Constitutional Right

• Referenced the Rajive Raturi v. Union of India (2024) case
• Held that accessibility is intrinsic to:
  • Dignity and freedom under Article 21
  • Equality under Articles 14 and 15

 Right to Digital Access

• Recognised digital infrastructure as a critical public utility
• Barriers to digital access violate:
  • RPwD Act
  • UNCRPD
• Digital divide affects:
  • PwDs
  • Rural populations
  • Elderly
  • Economically weak
  • Linguistic minorities

COURT’S DIRECTIVE

• Mandated revision of digital KYC norms to ensure:
  • Inclusivity
  • Accessibility by design
• Emphasised the principle of substantive equality
• Urged the state to treat digital access as inseparable from life and liberty

CONCLUSION: A DIGITAL RIGHTS MILESTONE

This verdict marks a significant step toward digital justice and redefines the digital landscape as a fundamental space for rights, participation, and inclusion. The court has made it clear: digital exclusion is a rights violation.

QUESTIONS

1. Discuss the significance of the Supreme Court’s ruling on April 30, 2024, regarding the reinterpretation of Article 21 to include the Right to Digital Access for persons with disabilities.
2. Analyze the challenges faced by persons with disabilities in digital Know Your Customer (KYC) verification processes and the Supreme Court’s directives to address these issues.