Supreme Court Issues Directions For Making Process Of Digital KYC Accessible For Persons With Disabilities
The Supreme Court directed the RBI to issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying ‘liveness’ or capturing a ’live photograph’ beyond the traditional ‘blinking of eyes.’
Justice J.B. Pardiwala, Justice R. Mahadevan, Supreme Court
The Supreme Court has issued directions for making the process of digital KYC accessible to persons with disabilities, especially for people with facial/eye disfigurements due to acid attacks and visual impairments.
The Court directed the Reserve Bank of India (RBI) to issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers for conducting Digital KYC/e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user-convenience. Such barriers, the Court stated, significantly hindered the ability of persons with disabilities to work, learn, and engage with society, thereby amounting to a denial of equal access and violate the accessibility mandates under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and resulted in economic and social marginalization.
A Bench of Justice JB Pardiwala and Justice R Mahadevan remarked that “in the contemporary era, where access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities. The digital divide – characterized by unequal access to digital infrastructure, skills, and content – continues to perpetuate systemic exclusion, not only of persons with disabilities, but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities. The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assistive technologies.”
Senior Advocate Sidharth Luthra appeared for the Petitioners, while AOR Ramesh Babu MR represented the Respondents.
Brief Facts
The Writ Petition was filed by individuals with disabilities, specifically acid attack survivors and a person with blindness, who faced challenges with digital Know Your Customer (KYC) processes used across various sectors like banking and telecommunications. The Petitioners argued that current digital identification methods, such as those requiring a "live photograph" or eye blinking, excluded them, violating their rights under the Rights of Persons with Disabilities Act, 2016 and Article 21 of the Constitution.
Court’s Reasoning
The Supreme Court pointed out that “the State’s obligations under Article 21– read in conjunction with Articles 14,15 and 38 of the Constitution – must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs of all vulnerable and marginalized populations. Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.”
The Court noted that digital KYC had become mandatory for accessing essential services, including opening bank accounts, purchasing SIM cards, and accessing government schemes. However, the current processes were not fully accessible to persons with disabilities, violating their fundamental rights under Article 21 of the Constitution.
“The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, those who have been historically excluded,” the Bench remarked.
The Bench also noted that “Though digital KYC has benefitted the general public by making verification processes faster and more efficient, persons with blindness and low vision continue to face significant barriers in accessing and completing these procedures. Many such digital platforms are not compatible with screen readers, and crucial information is often presented in visual formats without alternative text.”
“Such barriers significantly hinder the ability of persons with disabilities to work, learn, and engage with society, thereby violating their right to equal opportunity and full participation as guaranteed under the UNCRPD and national disability laws. These barriers collectively amount to a denial of equal access and violate the accessibility mandates under the RPwD Act, 2016 and results in economic and social marginalization,” the Court held.
Directives
In order to make the process of digital KYC accessible to persons with disabilities, especially facial/eye disfigurements due to acid attacks and visual impairments, the Court issued the following directions:
- “The respondent authorities/Ministries shall direct all REs, whether government or private to follow accessibility standards as prescribed from time to time. The respondents shall appoint a nodal officer in every department responsible for digital accessibility compliance.
- All regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve persons with blindness in user acceptance testing phase while designing any app or website or in case of any new feature being launched.
- Respondent No. 2/ RBI shall issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers, as mandated under Annex-I of the MD on KYC, 2016, for the purpose of conducting Digital KYC / e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user-convenience.
- Respondent No. 2 / RBI shall issue appropriate clarifications / guidelines / directions to all regulated entities that they have Customer Due Diligence (CDD) and on-boarding of new customers can be done using the video-based KYC process or the “V-CIP” procedure, in accordance with the provisions of the MD on KYC, 2016, wherein blinking of the eyes is not a mandatory requirement.
- Respondent No. 2 / RBI shall amend the MD on KYC so as to enhance the implementation of the ‘OTP based e-KYC authentication’ (face-to-face) to customers.
- Respondent No.3 shall make the necessary amendments and/or modifications to its notification dated 05.12.2023 thereby ensuring that the paper-based KYC process for verification of customers shall continue, enabling the petitioners and other similarly placed individuals to avail an accessible alternative for completing the KYC procedure.
- The respondent authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearingimpaired users.
- The respondent authorities shall develop alternative formats including Braille, easy-to-read formats, voice-enabled services, to disseminate government notifications and deliver public services, ensuring accessibility for all.”
Accordingly, the Supreme Court disposed of the Writ Petition.
Cause Title: Pragya Prasun & Ors. v. Union of India & Ors. (Neutral Citation: 2025 INSC 599)
Appearance:
Petitioners: Senior Advocate Sidharth Luthra; AOR Nitin Saluja and Ila Shikhar Sheel; Advocates Shivani Luthra Lohiya, Nimisha Menon, Yamina Rizvi, Ishita Soni, Pradnya Madan, Anmol Kheta, Pradyana Kaistha, Anshala Verma and Amar Jain
Respondents: AOR Ramesh Babu M. R., Ankur Sood, Sudarshan Lamba, Amrita Singh, Arjun Krishnan and Harshad V. Hameed; Advocates Nisha Sharma, Jagriti Bharti, Dileep Poolakkot, Ashly Harshad and Anshul Sahara