Directions For Making the Process Of Digital KYC Accessible For Persons With Disabilities: SC
The Supreme Court has issued directions for making the process of digital KYC accessible to persons with disabilities, especially for people with facial/eye disfigurements due to acid attacks and visual impairments. The Court directed the Reserve Bank of India (RBI) to issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers for conducting Digital KYC/e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user convenience. Such barriers, the Court stated, significantly hindered the ability of persons with disabilities to work, learn, and engage with society, thereby amounting to a denial of equal access and violate the accessibility mandates under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and resulted in economic and social marginalization.
“in the contemporary era, where access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities. The digital divide – characterised by unequal access to digital infrastructure, skills, and content – continues to perpetuate systemic exclusion, not only of persons with disabilities, but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities. The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assistive technologies.”
“.................the State's obligations under Article 21– read in conjunction with Articles 14,15 and 38 of the Constitution – must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs of all vulnerable and marginalised populations. Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.”
“Such barriers significantly hinder the ability of persons with disabilities to work, learn, and engage with society, thereby violating their right to equal opportunity and full participation as guaranteed under the UNCRPD and national disability laws. These barriers collectively amount to a denial of equal access and violate the accessibility mandates under the RPwD Act, 2016 and results in economic and social marginalization,” the Bench comprising Justice JB Pardiwala and Justice R Mahadevan observed.
Directives
In order to make the process of digital KYC accessible to persons with disabilities, especially facial/eye disfigurements due to acid attacks and visual impairments, the Court issued the following directions:
- “The respondent authorities/Ministries shall direct all REs, whether government or private, to follow accessibility standards as prescribed from time to time. The respondents shall appoint a nodal officer in every department responsible for digital accessibility compliance.
- All regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve persons with blindness in the user acceptance testing phase while designing any app or website, or in case of any new feature being launched.
- Respondent No. 2/ RBI shall issue guidelines to all regulated entities to adopt and incorporate alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers, as mandated under Annex-I of the MD on KYC, 2016, to conduct Digital KYC / e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user-convenience.
- Respondent No. 2 / RBI shall issue appropriate clarifications/guidelines / directions to all regulated entities that they have Customer Due Diligence (CDD) and on-boarding of new customers can be done using the video-based KYC process or the “V-CIP” procedure, by the provisions of the MD on KYC, 2016, wherein blinking of the eyes is not a mandatory requirement.
- Respondent No. 2 / RBI shall amend the MD on KYC so as to enhance the implementation of the ‘OTP based e-KYC authentication’ (face-to-face) to customers.
- Respondent No.3 shall make the necessary amendments and/or modifications to its notification dated 05.12.2023 thereby ensuring that the paper-based KYC process for verification of customers shall continue, enabling the petitioners and other similarly placed individuals to avail an accessible alternative for completing the KYC procedure.
- The respondent authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearing-impaired users.
- The respondent authorities shall develop alternative formats, including Braille, easy-to-read formats, voice-enabled services, to disseminate government notifications and deliver public services, ensuring accessibility for all.”
Pragya Prasun & Ors. v. Union of India & Ors. 2025 INSC 599
