SC says changes needed in KYC processes for disabled, gives 20 directions

“We have held there is 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 the KYC process and could not complete them due to facia...

Reuters
Supreme Court of India
The Supreme Court on April 30 mandated modifications to the digital know your customer (KYC) guidelines specifically for individuals with disabilities and survivors of acid attacks. In an important ruling, the court emphasised that the right to digital access is fundamentally linked to the right to life as outlined in Article 21 of the Constitution.

Justices JB Pardiwala and R Mahadevan highlighted the necessity of these adjustments, as individuals with disabilities, including those who are blind, struggle to complete the KYC process, thereby facing challenges in opening bank accounts and accessing welfare programs.

The court pointed out that the KYC process requires visual tasks, such as moving one's head and positioning the face, which are particularly challenging for those with facial impairments or disfigurements. This inability leads to significant delays or even prevents such individuals from proving their identity, accessing vital services, or benefiting from government initiatives. In total, the court has issued 20 directives addressing this issue.


Delivering the verdict, Justice Mahadevan reiterated that digital access is a vital aspect of the right to life under Article 21 of the Constitution. The Supreme Court underscored that both constitutional and legal provisions grant the affected petitioners the right to demand accessibility and suitable accommodations in the digital KYC framework.

The court stressed the urgent need for the digital KYC guidelines to be updated in line with accessibility standards.

Addressing the challenges faced by disabled individuals, particularly in rural regions, the bench noted that as essential services like healthcare become more reliant on digital platforms, the interpretation of the right to life under Article 21 must consider technological advancements.
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The bench said, "The digital divide, marked by unequal access to digital resources, skills, and content, continues to result in the systematic exclusion of not only persons with disabilities but also significant portions of the rural population, elderly citizens, economically disadvantaged groups, and linguistic minorities."

The top court highlighted the state's responsibility to create an inclusive digital environment that is accessible to everyone, particularly marginalized and vulnerable individuals. As numerous welfare programs and government services are now delivered online, bridging the digital divide is essential to ensure individuals can live with dignity.

The court directed that all government websites, educational platforms, and financial technology services must be made universally accessible to all vulnerable and marginalised groups. Furthermore, it emphasized that under constitutional provisions, the state must guarantee that the KYC process is accessible to all citizens.

With inputs from Indu Bhan of ET Bureau
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