In Landmark Order, Supreme Court Says Digital Access A Fundamental Right

Digital access is a fundamental right and the State must ensure digital accessibility for everyone, including those from rural areas and the society's marginalised sections, the Supreme Court ruled today. The bench of Justice JB Pardiwala and Justice R Mahadevan passed the landmark judgment on two Public Interest Litigations, including one by an acid attack survivor in which she cited the problems she faced during the Know Your Customer (KYC) process at a bank.

Bridging the digital divide, the court said, is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity.

"The right to digital access emerges as a distinct component of the right to life and liberty, necessitating that the State proactively design and implement an inclusive digital ecosystem not only for the privileged but also for the marginalised who are being historically excluded," the court said.

The court noted that access to essential services such as healthcare is now largely mediated through digital platforms. So, the right to life under Article 21 should be interpreted in light of technological realities, it said. The court has issued 20 directions to the State to make the KYC process more inclusive and stressed that it was "imperative" that guidelines are revised.

One of PILs before the court related to an acid attack survivor who suffered severe eye disfigurement and facial damage. In July 2023, she approached a bank to open an account. She could not complete the Digital KYC process, during which the bank said they needed to capture a live photograph in which she blinked.

The petition said that the mandatory requirement of proving that a customer is alive under the RBI-regulated process can only be fulfilled when he/she blink before the camera. The bank later made an exception for the petitioner following an uproar on social media. The petitioner Pragya Prasun said many acid attack survivors like her face similar issues and sought directions to the Centre to issue fresh guidelines on how such people can get through the KYC process.

"We have held that there is a need for change in KYC processes for the disabled. We have given 20 directions. The petitioners who suffer from acid attacks and blindness have been unable to complete KYC process... due to facial disfigurements. Constitutional provisions confer a statutory right on the petitioners to be accommodated in the KYC process. It is imperative that digital KYC guidelines are revised with the accessibility code. In the contemporary era, where economic opportunities etc. is through digital (access), Article 21 needs to be re-interpreted in light of such technology and the digital divide increases," the court said.

Justice Mahadevan penned the order and his brother judge, Justice Pardiwala, complimented him, saying it is "brilliant".