Supreme Court Rules Digital Access A Fundamental Right, Asks To Ease KYC Norms
New Delhi: The Supreme Court on Wednesday ruled that digital access was a fundamental right and the state must ensure digital accessibility for everyone, including those from rural areas and society’s marginalised sections.
The court was hearing two Public Interest Litigations (PIL), including one by an acid attack survivor in which she cited the problems she faced during the Know Your Customer (KYC) process at banks. The plea was seeking directions from the Centre to frame new guidelines on conducting the e-KYC process for acid attack survivors with severe eye disfigurement and facial damage.
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The top court also issued directions to make banking and e-governance services convenient for acid attack survivors with visual challenges and those suffering from visual impairment.
The court noted that bridging the digital divide is no longer a matter of policy discretion but a constitutional imperative, adding that access is largely through digital processes in the contemporary era. “The right to digital access is an intrinsic component of the right to life under Article 21,” the Supreme Court said. The Court further noted that access to essential services such as healthcare is now largely mediated through digital platforms.
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Notably, one of the petitions was related to an acid attack survivor who suffered severe eye disfigurement and facial damage. The survivor approached a bank to open an account, and could not complete the Digital KYC process, as she had to be photographed live where she blinked.
The petition alleged that the mandatory requirement of proving that a customer is alive under the RBI-regulated process can only be fulfilled when he/she blinks before the camera. However, following outrage, the bank made an exception for the petitioner.
