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The Supreme Court of India, in a landmark judgment delivered on April 30, 2025, has unequivocally declared that the right to digital access is an integral and inseparable component of the fundamental right to life, enshrined under Article 21 of the Constitution of India. This pronouncement represents a monumental step forward in the ongoing struggle for inclusivity and equal access for persons with disabilities (PWDs) in the rapidly evolving digital landscape. The Court's decision recognizes that in an increasingly interconnected world, where essential services, information, and opportunities are predominantly accessed through digital platforms, denying access to these platforms to individuals with disabilities effectively denies them the ability to fully participate in society and exercise their fundamental rights. The judgment stems from two writ petitions filed before the Supreme Court, one addressing the challenges faced by individuals with blindness or low vision in navigating digital Know Your Customer (KYC) processes, and the other focusing on the specific barriers encountered by acid attack survivors in the same context. These petitions highlighted the systemic discrimination and exclusion experienced by PWDs in accessing essential financial services due to inaccessible digital interfaces and verification procedures. The Court's ruling acknowledges the crucial role played by digital platforms in facilitating financial inclusion, and it underscores the imperative of ensuring that these platforms are designed and implemented in a manner that is accessible to all, regardless of their disability. The Court's pronouncements extend beyond the specific context of e-KYC processes, encompassing a broader mandate for the government and regulatory bodies to ensure digital accessibility across all online services, including e-governance platforms, digital payment systems, and e-launching platforms. This comprehensive approach reflects the Court's understanding that digital accessibility is not merely a matter of convenience or accommodation, but a fundamental requirement for upholding the constitutional rights of PWDs. The judgment places a significant responsibility on the Reserve Bank of India (RBI), the country's central bank, to issue detailed guidelines to regulated entities, including banks and financial institutions, to incorporate alternative and accessible modes of verifying the 'liveness' or capturing a 'live photograph' of customers during the digital KYC process. This directive specifically addresses the challenges faced by acid attack survivors who may have facial disfigurement, rendering traditional verification methods, such as 'blinking of eyes,' ineffective and discriminatory. The Court has also directed authorities to accept the image of a thumb impression during the digital KYC process, recognizing the difficulties encountered by individuals with blindness or low vision in providing traditional forms of identification. The judgment outlines a comprehensive set of directions to ensure the effective implementation of digital accessibility standards across various sectors. These directions include the appointment of nodal officers in every government department responsible for digital accessibility compliance, the mandatory conduct of periodical accessibility audits by certified professionals, and the active involvement of persons with blindness in the user acceptance testing phase during the design and development of new apps and websites. The Court has further directed authorities to design KYC templates and customer acquisition forms to capture disability type and percentage of the customer, allowing for the provision of accessible services and reasonable accommodations. In addition to these specific directives, the judgment emphasizes the importance of providing options for sign language interpretation, closed captions, and audio descriptions for visually and hearing-impaired users, as well as developing alternative formats, such as Braille and easy-to-read formats, to disseminate government notifications and deliver public services. The Court has also mandated that all regulated entities procure or design devices, websites, applications, and software in compliance with accessibility standards for Information and Communication Technology (ICT) products and services, as notified by the Bureau of Indian Standards. Crucially, the Court has directed that all websites, mobile applications, and digital platforms comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and other relevant national standards, such as the Guidelines for Indian Government Websites (GIGW). This directive underscores the importance of adhering to internationally recognized accessibility standards in order to ensure that digital platforms are usable and accessible to individuals with a wide range of disabilities.
The judgment further addresses the need for seamless KYC processes, directing authorities to develop a mechanism where customers who have already completed their KYC with one regulated entity may authorize the sharing of their KYC information with other entities through the Central KYC Registry (CKYCR). This would significantly reduce the burden on PWDs who may face repeated challenges in completing the KYC process with different entities. Recognizing the potential for accessibility issues to arise even with the implementation of these measures, the Court has directed authorities to establish a dedicated grievance redressal mechanism for PWDs to report accessibility issues. This mechanism should be easily accessible and responsive to the needs of PWDs. The Court has also emphasized the importance of human oversight in the digital KYC process, directing authorities to establish a mechanism for human review of rejected KYC applications in cases where accessibility-related challenges prevent successful verification. This ensures that automated systems do not inadvertently discriminate against PWDs. To further assist PWDs in navigating the digital KYC process, the Court has directed authorities to establish dedicated helplines, offering step-by-step assistance through voice or video support. These helplines should be staffed by individuals who are knowledgeable about accessibility best practices and sensitive to the needs of PWDs. The Court has also recognized the importance of public awareness and sensitization, directing the RBI to routinely initiate public campaigns through press releases, advertisements, and social media portals to raise awareness about alternative methods of conducting digital KYC and to ensure effective dissemination of information about accessible financial services. These campaigns should target both PWDs and the general public, promoting a culture of inclusivity and understanding. Finally, the Court has directed authorities to mandate the inclusion of disability awareness and training modules as part of e-learning modules for officials of regulated entities, ensuring that these officials are better sensitized to the needs of PWDs and equipped to provide accessible services. The RBI has been tasked with monitoring and ensuring strict adherence by all regulated entities to the guidelines, notifications, and directions issued by it, including those stemming from the Court's judgment. This underscores the importance of strong regulatory oversight in ensuring the effective implementation of digital accessibility standards. The Supreme Court's judgment in Amar Jain v Union of India and Pragya Prasun vs. Union of India represents a watershed moment in the fight for digital accessibility and the rights of persons with disabilities in India. By recognizing digital access as a fundamental right and issuing a comprehensive set of directives to ensure its realization, the Court has paved the way for a more inclusive and equitable digital future for all citizens. The onus now lies on the government, regulatory bodies, and private sector entities to implement these directives effectively and to work collaboratively to create a digital environment that is truly accessible to everyone.
The practical implications of this judgment are far-reaching and will necessitate significant changes in the way digital services are designed, developed, and delivered in India. For government agencies, this means overhauling existing websites and online platforms to ensure compliance with accessibility standards such as WCAG 2.1 and GIGW. This will involve implementing features such as alternative text for images, keyboard navigation, screen reader compatibility, and adjustable font sizes. It will also require providing options for sign language interpretation, closed captions, and audio descriptions for video content. For banks and financial institutions, the judgment mandates a fundamental shift in the approach to KYC processes. This will require developing alternative methods of identity verification that are accessible to individuals with various disabilities. This may involve accepting thumbprint images, utilizing video-based KYC with alternative verification methods, and providing assistance through dedicated helplines and human review processes. Furthermore, these institutions will need to invest in training their staff to better understand the needs of PWDs and to provide accessible customer service. The judgment also has significant implications for the technology industry. Developers of websites, mobile applications, and software will need to prioritize accessibility from the outset, incorporating accessibility features into the design and development process. This will require a shift in mindset, with accessibility being viewed not as an afterthought, but as a core requirement. In addition to the specific directives outlined in the judgment, there is a broader need for increased awareness and sensitization about disability issues. This will require a concerted effort from government, civil society organizations, and the media to challenge negative stereotypes and promote a more inclusive and equitable society. It is also important to recognize that digital accessibility is not a static concept. As technology continues to evolve, so too will the accessibility needs of PWDs. It is therefore essential to adopt a flexible and adaptable approach, continuously monitoring and evaluating the effectiveness of accessibility measures and making adjustments as needed. The success of this judgment will ultimately depend on the commitment and cooperation of all stakeholders. Government agencies, regulatory bodies, financial institutions, technology companies, and civil society organizations must work together to create a digital environment that is truly accessible to everyone. By embracing a spirit of inclusivity and innovation, India can become a leader in digital accessibility, empowering persons with disabilities to fully participate in society and achieve their full potential. The Supreme Court's ruling serves as a powerful reminder that accessibility is not just a matter of compliance, but a fundamental human right. It is a call to action for all of us to create a digital world where everyone can thrive, regardless of their abilities.
The judgment's impact extends beyond the immediate beneficiaries – persons with disabilities. It sets a precedent for a more inclusive and equitable society, where the rights of all citizens are respected and protected. By recognizing digital access as a fundamental right, the Supreme Court has sent a clear message that no one should be left behind in the digital age. This decision aligns with international best practices and reflects India's commitment to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD recognizes the right of persons with disabilities to access information and communication technologies and systems, and calls on states parties to take appropriate measures to ensure their participation in all aspects of life. The Supreme Court's judgment is a significant step towards fulfilling India's obligations under the UNCRPD. It also reinforces the importance of accessibility as a key component of sustainable development. The Sustainable Development Goals (SDGs) recognize the need to ensure that no one is left behind in the pursuit of economic, social, and environmental progress. Digital accessibility is essential for achieving many of the SDGs, including those related to education, employment, and healthcare. By promoting digital accessibility, India can create a more inclusive and sustainable future for all. The judgment also highlights the role of technology in empowering persons with disabilities. Assistive technologies, such as screen readers, voice recognition software, and adaptive keyboards, can enable PWDs to overcome barriers to participation and achieve their full potential. By investing in the development and deployment of assistive technologies, India can create a more level playing field for PWDs and unlock their talents and skills. However, technology alone is not enough. It is also essential to address the attitudinal barriers that prevent PWDs from fully participating in society. This requires a change in mindset, with disability being viewed not as a deficit, but as a difference. It also requires a commitment to creating inclusive environments where PWDs are valued and respected. The Supreme Court's judgment is a catalyst for change. It provides a framework for creating a more accessible and inclusive digital environment for persons with disabilities. But it is up to all of us to implement these directives effectively and to work together to create a society where everyone can thrive. The journey towards digital accessibility is an ongoing one. It requires continuous effort, innovation, and collaboration. But the rewards are well worth the effort. By creating a digital world that is accessible to everyone, we can unlock the potential of millions of people and build a more just and equitable society. The Supreme Court's judgment is a testament to the power of the law to advance social justice. It is a reminder that the fight for equality is far from over, but that progress is possible when we stand together and demand change.