As the process of authenticating digital KYC is skewed against persons with disabilities, and many welfare schemes are delivered through digital platforms, the Supreme Court directed that all government portals, learning platforms, and financial technology services must be “universally accessible” to all vulnerable and marginalised sections
The Supreme Court’s direction to the Reserve Bank of India and all government departments to revise the digital Know-Your-Customer (KYC) norms for persons with facial disfigurements, the visually challenged and the digital semi-literate is a welcome development.
As the process of authenticating digital KYC is skewed against persons with disabilities, and many welfare schemes are delivered through digital platforms, the Supreme Court directed that all government portals, learning platforms, and financial technology services must be “universally accessible” to all vulnerable and marginalised sections.
The principle of substantive equality, the court believed, demanded that digital transformation be both inclusive and equitable. As part of this, the court sought to bridge the digital divide by declaring digital access to be a part of the fundamental right to life under Article 21, the right to equality under Article 14, and the right against discrimination under Article 15 of the Constitution.
While equating the right to digital access with the right to life and the right to equality will compel governments and all other organisations providing public services to make their services and apps accessible to all, it could also open a Pandora’s box, as India is still a developing country. There could be areas that have poor connectivity due to a lack of adequate telecom infrastructure or as a result of the government’s prohibitory orders.
The Supreme Court’s interpretation of the right to digital access as part of the fundamental right to life will make it justiciable. It could prevail over Section 196 of the Bharatiya Nyaya Sanhita (BNS) and Sections 20(2) and 69A of the Information Technology Act, under which the government imposes Internet blackouts as a preventive measure to protect public order, potentially causing some administrative issues. Nevertheless, the court’s ruling on e-KYC will benefit crores of vulnerable people.
