Supreme Court's Directive on KYC Digital Norms for PwDs
The Supreme Court of India has directed revisions to Know-Your-Customer (KYC) digital norms to ensure accessibility for persons with disabilities (PwD), reinterpreting Article 21 to include the 'right to digital access'. This move aligns with the Constitution's obligations to adapt laws for inclusivity, supported by disability statutes and international conventions like the UNCRPD.
Rights of Persons with Disabilities (RPwD) Act, 2016
- Adopts a ‘social-barrier’ approach to disability, accounting for impairments and social obstacles.
- Section 42 mandates government measures for media accessibility, including universal-design principles for electronic goods.
Prevention of Money-laundering Act, 2002
- Requires banks to verify client identities and maintain detailed records.
- Digital KYC verification is critical for accessing essential services and government benefits.
RBI's 2016 Master Direction on KYC
- Prescribes a Customer Due Diligence (CDD) framework.
- Introduces Video-based Customer Identification Process (V-CIP) for remote verification.
Issues Faced by PwDs
- Current KYC methods exclude visually impaired users.
- Inaccessible KYC apps and websites lack features like screen-readers and audio cues.
- Thumb impressions and Aadhaar-based systems often exclude blind users.
Legal and Constitutional Imperatives
- The SC emphasizes accessibility as a constitutional imperative, citing past judgments.
- Relies on Articles 14, 15, 21, and 38 to affirm digital access as part of the right to life and liberty.
SC's Ruling and Directives
- Highlights the digital divide affecting PwDs, rural users, and other marginalized groups.
- Mandates state to revise digital KYC guidelines with accessibility as a core principle.
This judgment underscores the need for inclusive digital infrastructure to ensure equal access for all citizens, particularly marginalized communities.