Supreme Court Rules Digital Access a Fundamental Right for All

In a landmark decision, the Supreme Court of India has ruled that digital access is a fundamental right, emphasizing the need for inclusive Know-Your-Customer (KYC) processes for people with disabilities. This ruling came after a long legal battle spearheaded by Pragya Prasun, an acid attack survivor who faced challenges opening a bank account due to her inability to blink.

Prasun’s story became a symbol of the systemic barriers faced by people with disabilities in accessing digital services. In July 2023, she was denied a bank account at an ICICI branch because the bank’s KYC process required her to blink for a ‘live photograph’. This requirement, mandated by the Reserve Bank of India, proved impossible for Prasun, whose injuries from the acid attack prevented her from blinking.

After raising the issue on social media, Prasun received an exception from the bank but realized that many others like her faced similar struggles. She decided to take her case to court, highlighting the need for more inclusive KYC processes.

Her petition was joined by others facing difficulties clearing KYC verification due to visual or facial impairments. The Supreme Court, recognizing the importance of digital access in accessing government welfare schemes and other essential services, agreed with Prasun’s arguments.

In its judgment, the court emphasized that the right to digital access is an intrinsic part of the right to life and liberty. It highlighted the need for the government to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are accessible to all, particularly those who are vulnerable and marginalized.

This landmark ruling is a major victory for accessibility and digital inclusion in India. It sets a precedent for making digital services more accessible to all citizens, regardless of their disabilities.