SC Upholds Digital Accessibility as a Fundamental Right for Persons with Disabilities

Recently, In a landmark ruling, the Supreme Court of India has reaffirmed that the right to digital access is an inseparable part of the fundamental right to life and liberty under Article 21 of the Constitution. This judgment, delivered in the case Amar Jain v. Union of India & Ors., significantly expands the constitutional interpretation of Article 21 to include inclusive and meaningful digital access, particularly for Persons with Disabilities (PwDs). The Court emphasized that the digital divide excludes not just PwDs, but also rural citizens, senior citizens, linguistic minorities, and economically disadvantaged groups, calling for urgent reforms to ensure equitable participation in the digital era.

The Digital Access Challenge for Persons with Disabilities (PwDs)

The ruling comes in the wake of multiple petitions filed by acid-attack survivors and visually impaired individuals, who have been systematically excluded from India’s current digital Know Your Customer (KYC) systems. KYC is a mandatory process by which banks and financial institutions verify a customer’s identity. Mandated by the Prevention of Money-Laundering Act, 2002, and enforced through its 2005 rules, KYC is essential to combat money laundering, fraud, and illegal financing. As a result, digital KYC is now indispensable for accessing critical services such as banking, SIM cards, demat accounts, pension schemes, insurance policies, and Aadhaar-linked Direct Benefit Transfers (DBT).

The RBI’s 2016 Master Direction on KYC, particularly Clause 18, introduced the Video-based Customer Identification Process (V-CIP), allowing remote verification via real-time video interactions. Under this system, users must click a selfie, read an on-screen code aloud, digitally sign forms, or verify OTPs—all tasks that require visual and sometimes physical ability.

However, these seemingly standard procedures pose significant barriers to persons with visual impairments or disfigurements due to acid attacks. These individuals face technological and procedural hurdles: no screen-reader cues for camera alignment, no audio prompts for lighting or positioning, inaccessible upload interfaces, and thumb impressions—a preferred method for the blind—are not accepted as valid digital signatures. PAN cards are not issued based on thumb impressions, and Aadhaar-based biometric systems often reject applications due to lack of facial clarity or fingerprint mismatches. Furthermore, the RBI’s Master Directions prohibit any form of "prompting" during the KYC process, disallowing assistance that might otherwise help PwDs complete the verification.

A ‘Constitutional Imperative’: Accessibility Under Article 21

In Rajive Raturi v. Union of India (2024), the Supreme Court had previously held that accessibility is central to the right to life, dignity, and freedom of movement under Article 21. Extending this reasoning, the Court in Amar Jain held that digital barriers are a direct violation of constitutional and statutory protections for PwDs, especially under the Rights of Persons with Disabilities (RPwD) Act, 2016.

The RPwD Act adopts a social-barrier approach—recognizing that disability results not only from physical or mental impairments but also from institutional, infrastructural, and attitudinal obstacles that prevent full societal participation. The Act enforces India’s obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

Critically, Section 42 of the RPwD Act mandates government action to ensure all print, audio, and electronic media are accessible. It includes provisions for audio descriptions, sign-language interpretation, subtitles, and mandates adherence to universal design principles in everyday technology and public services.

Despite these legal safeguards, most KYC platforms fail to comply with even basic Information and Communication Technology (ICT) Accessibility Standards (2021 & 2022). Websites and apps lack text-to-speech features, screen reader compatibility, and intuitive navigation for visually impaired users.

Supreme Court's Directives and Constitutional Mandate

In its Amar Jain judgment, the Court issued 20 directions under the RPwD Act to reform the eKYC process, making it inclusive for PwDs. It invoked the ‘principle of substantive equality’, affirming that true equality requires addressing not just legal discrimination but systemic disadvantage. Relying on Articles 14 (Right to Equality), 15 (Right against Discrimination), 21 (Right to Life and Liberty), and 38 (Directive to Promote Social Justice), the Court made it clear that the State bears the responsibility to ensure digital infrastructure serves all citizens, especially the most marginalized.

The Court’s judgment marks a paradigm shift in digital governance. It places the burden of accessibility on the State and institutions, urging them to proactively remove barriers and redesign systems to include every citizen. The Court reiterated that inclusive digital access is not just a matter of convenience, but a constitutional guarantee, fundamental to accessing welfare benefits, financial tools, education, and public services in today’s digital economy.

Building Inclusive Digital Infrastructure

The judgment is a wake-up call for government departments, regulators like RBI, SEBI, and Department of Telecommunications, as well as private players, to ensure accessibility-by-design. Building on the existing ICT accessibility standards, all KYC and digital platforms must incorporate screen-reader cues, audio navigation, biometric alternatives, and inclusive signature validation methods.

The broader significance of this decision lies in its vision: bridging the rural-urban digital divide, enabling access to online learning, integrating PwDs into financial ecosystems, and making e-governance truly participatory. In a world increasingly mediated by technology, the right to digital access is no longer optional—it is foundational to living a life of dignity, autonomy, and equality in the 21st century.

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