SC Says Digital Access A Fundamental Right, Mandates Inclusive Digital KYC Process For Persons With Disabilities

The Supreme Court of India has declared that the right to digital access is a part of the right to life under Article 21 of the Constitution of India.

Supreme Court of India.

Source : PTI

The Supreme Court on Wednesday declared that the right to digital access is a part of the right to life under Article 21 of the Constitution of India. According to Live Law, the court issued a set of directions to ensure that the e-KYC process is accessible to persons with facial disfigurement (due to acid attacks, accidents, etc.) and visual impairment.

The apex court also directed that it is mandatory for all the government websites to adhere to Section 46 of the Rights of Persons with Disabilities Act, 2016, which requires both electronic and print media to be accessible to persons with disabilities.

All online services, including e-governance platforms, digital payment systems, and e-launching platforms, must be accessible to persons with disabilities.

According to the Prevention of Money Laundering (Maintenance of Records) Rules, Banking Companies and Financial Institutions, called Reporting Entities, are mandated to verify the identity of their clients, maintain records and furnish information in the prescribed format to the Financial Intelligence Unit India, reports Live Law. They have developed a digital Know Your Customer (KYC) process, as per the guidelines of the Reserve Bank of India, to capture the identity details of the customers.

The court acknowledging the difficulties faced by persons with disabilities in participating in the eKYC process issued the directions.

A bench of Justice J.B Pardiwala and Justice R. Mahadevan pronounced the judgment in two writ petitions seeking directions or guidelines for persons with blindness/low vision and acid attack survivors, respectively, to conduct digital KYC/e-KYC/video KYC.

The court has directed the RBI to issue guidelines to incorporate alternative bodies for capturing the live photograph. It has also directed authorities to accept the thumb impression during the Digital KYC process.