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Supreme Court Declares Digital Access A Fundamental Right, Mandates Inclusive KYC Processes For Persons with Disabilities

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Komal Bajpai

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Updated: 25-07-2025 at 3:30 PM

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The Supreme Court made an important ruling to emphasise digital rights in India during India's digital transformation. The Court issued reforms following its recognition of the obstacles disabled people faced in using digital KYC procedures to access vital services, as these standards denied them their constitutional rights and digital access.​

Overview

The table below mentions some significant details about the Digital India Act 2025 that one should know about.

What is digital access?Equality and ease in using the digital services irrespective of one’s physical condition
PetitionersAmar Jain and Pragya Prasun
Date of judgementApril 30, 2025
Ruling of the SCDigital access fundamental right as per the Digital India Act 2025

Key Insights Of The Judgment

The judicial decision issued on April 30, 2025, came from Justices J.B. Pardiwala and R. Mahadevan while they considered petitions from accessibility activist Amar Jain, together with acid attack survivor Pragya Prasun. The petitioners explained how people with visual impairments, together with those who have facial disfigurement, struggle to execute digital KYC procedures since these procedures require facial recognition and eye-blinking verification practices and hence, face difficulties in exercising their digital access fundamental right.

The Court determined that digital accessibility forms a core element in Article 21’s protection of life and liberty rights under the Constitution. The state needs to guarantee digital service accessibility for every person according to Article 21 of the Constitution, including populations who are vulnerable or face marginalisation.

Major Directives Issued By The Supreme Court

The Supreme Court established a sequence of commands which would help people in exercising their digital access fundamental right.

1. Revision of KYC Norms:

Reserve Bank of India (RBI), along with other regulatory bodies, is mandated to change existing KYC guidelines through modifications of identity verification procedures, which exclude conventional facial recognition and eye-blinking methods. ​

2. Adoption of Accessibility Standards:

Private organisations, together with public institutions, need to create digital platforms that follow accessibility standards specified by the Rights of Persons with Disabilities Act from 2016. The accessibility standards require all digital platforms, including web-based services and mobile apps, and digital tools, to serve users whose disabilities vary in type. ​

3. Implementation of Alternative Verification Methods:

The process of alternative verification methods should involve video-based KYC procedures that comply with 2016 KYC rules and avoid requiring eye-blinking verification. ​

4. Universal Accessibility of Digital Services:

Digital services platform interfaces operated by the Government and educational institutions, and financial technology providers must provide equally accessible usability for all segments of society including people with disabilities, together with elderly residents and economically underprivileged users.

Also Read: Free Motorised Tricycle Scheme for PwDs 2025: Complete Guide

Implications Of The Ruling Concerning Digital Rights In India

This judgment has far-reaching implications, which include enhanced financial inclusion, promoting digital access to all and much more:-

  1. Enhanced Financial Inclusion: Persons with disabilities gain better access to banking and financial services because the directive requires inclusive KYC verification procedures.​

  2. Promotion of Digital Equality: Through the recognition of digital access as a fundamental right, the judicial system ensures technological growth benefits all groups of society, thus minimising discriminatory practices.​

  3. Strengthening of Legal Frameworks: The directives enhance legal protections by supporting the Rights of Persons with Disabilities Act of 2016 and adhering to discriminatory prevention strategies while increasing social equality defined by the constitution.

Also Read: National Action Plan For Skill Development Of Persons With Disabilities

Conclusion

Indian society becomes more inclusive because the Supreme Court recently adopted a historic policy change. Through their ruling, the Court established digital access as constitutional while transforming KYC protocols, which now creates conditions for universal access and equality during digital technology use for everyone, regardless of physical requirement.

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