Supreme Court Ruling on Digital Access and KYC Processes
The Supreme Court of India has declared that digital access is a fundamental right, issuing several directions to simplify the Know-Your-Customer (KYC) process for acid attack survivors and the visually impaired, who may face challenges due to eye injuries or other disabilities.
Key Directions and Implications
- The court emphasized the need for digital processes like KYC to be universally accessible to everyone, including those with facial disfigurements or disabilities.
- This ruling is rooted in the interpretation of Article 21 of the Constitution, which deals with the right to life and liberty.
- The bench asserted that the fundamental right to digital access is also supported by Articles 14 (right to equality) and 15 (protection against discrimination).
- The judgement included 20 specific directions aimed at assisting individuals with visual impairments or other challenges to complete the KYC process.
Constitutional and Technological Considerations
The Supreme Court highlighted the necessity to revise digital KYC guidelines to align with the accessibility code, considering the increasing reliance on digital platforms for economic and other opportunities.
This interpretation of Article 21 reflects the contemporary digital era's demands and addresses the digital divide.
Public Interest Litigations (PILs)
- One PIL sought instructions for fresh guidelines to facilitate the digital KYC/e-KYC process for acid attack survivors.
- Another plea, filed by Amar Jain, a visually impaired advocate and accessibility professional, highlighted the challenges faced by persons with disabilities in completing KYC formalities online.
- Jain argued that these issues are commonly experienced by individuals with blindness or low vision.
