Supreme Court’s Interpretation of Article 21
- The Supreme Court expanded Article 21 (Right to Life and Personal Liberty) to include the ‘right to digital access’.
- Emphasized that digital accessibility is a constitutional right, especially for persons with disabilities (PwDs).
- Based on principles of substantive equality, the Court mandated that digital KYC norms must be made accessible.
Relevance : GS 2(Fundamental Rights)
Digital KYC and Exclusion of PwDs
- Current KYC framework under the RBI’s 2016 Master Directions includes video-based verification (V-CIP) using:
- Selfies, handwritten/digital signatures,
- Reading on-screen codes,
- OTP verification within 30 seconds.
- These processes exclude blind users, acid-attack survivors, and others with visual or facial impairments.
Legal Frameworks Supporting PwDs
- Rights of Persons with Disabilities (RPwD) Act, 2016:
- Adopts a social-barrier approach to disability.
- Section 42 mandates accessible media and universal-design for electronic systems.
- Constitutional backing:
- Articles 14, 15, 21, and 38 provide for equality, non-discrimination, and dignified life.
- Obligates the State to ensure equal access to digital public infrastructure.
Why is KYC Mandatory?
- Under the Prevention of Money-laundering Act, 2002, KYC is essential to:
- Prevent illegal finance and money laundering.
- Enable access to banking, SIM cards, insurance, pensions, DBT benefits, etc.
Challenges Faced by PwDs
- KYC systems lackaccessibility:
- No screen-reader support for camera or lighting.
- No audio instructions or feedback.
- No support for thumb impressions (common for blind users).
- Aadhaar-based systems often reject visually impaired users.
- PwDs often face rejection or forced in-person visits, violating their rights to digital access and dignity.
Key Supreme Court Rulings
- Rajive Raturi vs. Union of India (2024):
- Affirmed that accessibility is central to Article 21.
- Declared digital exclusion = rights violation.
- Previous interventions during COVID-19 and other public service rollouts also stressed digital inclusivity.
Wider Impact Beyond PwDs
- The SC noted that digitalinaccessibility affects:
- Rural populations, senior citizens,
- Economically weaker sections,
- Linguistic minorities.
- Emphasized building inclusive digital infrastructure as a State obligation.
