Supreme Court mandates digital inclusion for persons with disabilities in banking, governance, and online services.
Case in News:
Digital Access Must Include Disabled Persons by Supreme Court says right to digital accessibility is part of life .
Case Overview:
- Case Name:
- Amar Jain v. Union of India & Ors., W.P.(C) No. 49/2025
- Pragya Prasun v. Union of India, W.P.(C) No. 289/2024
In a decision by the Supreme Court of India held that the right to digital access is intrinsic to the right to life under Article 21 of Indian Constitution . A Bench comprising Justice JB Pardiwala and Justice R Mahadevan issued sweeping directions to ensure all digital services including e-governance platforms, digital payment systems and government websites are accessible to persons with disabilities . The petitions filed by disability rights activists Amar Jain and Pragya Prasun showed the inaccessibility of the current e-KYC process for individuals with visual impairments and face disfigurements .
Key Aspects :
- Digital KYC processes relied on eye-blinking and facial recognition excluding many disabled individuals .
- Petitioners sought inclusive access to video-KYC and digital banking services .
- Challenges were faced by blind users and acid attack survivors in accessing online services .
- Issues raised included unavailability of thumb recognition, lack of sign language support and non-compliant websites .
Legal Insights:
- Article 21 : Right to life also includes digital inclusion .
- Section 46, Rights of Persons with Disabilities Act, 2016 : Mandates accessible electronic and print media .
- MD on KYC, 2016 : RBI ordered to amend norms for inclusive video-KYC and e-KYC practices .
- WCAG 2.1 & GIGW : Compliance needed for digital accessibility standards.
- Periodic audits and disability sensitization training mandated .
Court’s Verdict:
The Supreme Court of India declared that digital access must include disabled persons and cannot be denied due to outdated verification systems . The Court ordered RBI and other authorities to introduce inclusive procedures such as thumb impressions, alternative liveness checks, sign language interpretation and Braille communications . Government and private platforms must now ensure accessibility under the RPwD Act, making inclusive design mandatory for digital India .
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