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Supreme Court upholds right to digital access

The Supreme Court issued several guidelines to make banking and e-governance services more accessible for acid attack survivors with visual impairments.

News Arena Network - New Delhi - UPDATED: April 30, 2025, 06:57 PM - 2 min read


In a landmark judgment delivered on Wednesday, the Supreme Court declared that digital access constitutes a fundamental right under Article 21 of the Constitution. The court also issued a set of directions aimed at improving access to banking and e-governance services for individuals with visual impairments, including acid attack survivors.


A bench comprising Justices JB Pardiwala and R Mahadevan emphasised the need for digital processes to be made "universally accessible to all." The court issued 20 directives to streamline the e-KYC (Know Your Customer) process, making it easier for visually challenged individuals to navigate. The detailed judgment, which will include all 20 directions, is expected to be released soon.


The court observed that while the government’s ‘Digital India’ initiative has expanded access to services through digital platforms, it has not sufficiently accounted for the needs of persons with disabilities and other marginalised groups.

 


“In today’s world, most access is facilitated through digital means. Bridging the digital divide is now a constitutional necessity,” the bench noted. “The right to digital access is an essential part of the right to life under Article 21.”


The verdict came in response to petitions demanding that the Centre revise e-KYC guidelines to accommodate individuals who have severe facial disfigurements, especially survivors of acid attacks.

 

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The bench highlighted the systemic challenges faced by persons with disabilities in using digital services due to inaccessible websites, apps, and a lack of assistive technologies. It called on the government to modify e-KYC procedures to be more inclusive and supportive of such individuals.


One of the petitions involved a woman who survived an acid attack and encountered difficulties while trying to open a bank account in 2023. Because of severe damage to her eyes, she was unable to complete a mandatory step in the KYC process—capturing a “live photograph” by blinking, as required by regulations of the Reserve Bank of India (RBI). After the issue gained traction on social media, the bank eventually made an exception and allowed her to open the account.


The bench also raised concerns about how large sections of society—including rural populations, senior citizens, and economically disadvantaged groups—are being excluded due to the widening digital divide.


With many government schemes and public services now only accessible through online platforms, the court underscored the urgent need to bridge this gap. “Bridging the digital divide is necessary to ensure that all citizens, especially the marginalized, are able to live with dignity,” the judgment stated.


The ruling marks a significant step toward making digital governance more inclusive and affirms the constitutional responsibility of the state to ensure equal digital access for all.

 

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