The Supreme Court has directed the inclusive Digital Know Your Customers (KYC) for Persons with Disabilities, including acid attack survivors and the visually impaired.
The bench of Justice R. Mahadevan has observed that 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 marginalized 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.
“The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, those who have been historically excluded,” the bench said.
Court’s Direction To Government On KYC for Specially Disabled
The 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 user acceptance testing phase while designing any app or website or in case of any new feature being launched.
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, for the purpose of conducting Digital KYC / e-KYC beyond the traditional “blinking of eyes” to ensure inclusivity and user-convenience.
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, in accordance with the provisions of the MD on KYC, 2016, wherein blinking of the eyes is not a mandatory requirement.
The respondent authorities must design their KYC templates or customer acquisition forms to capture disability type and percentage of the customer and appropriately record as part of the account records so as to provide them accessible services or reasonable accommodations.
The respondent authorities should provide clear directions to all regulated entities to accept image of thumb impression during Digital KYC process.
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 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.
All regulated entities should procure or design devices or websites / applications / software in compliance of accessibility standards for ICT Products and Services as notified by Bureau of Indian Standards.
The respondent authorities shall ensure that online services including e-governance platforms, digital payment systems, and e-launching platforms, are accessible to persons with disabilities, thereby fostering a barrier-free digital environment.
The respondent authorities are directed to ensure that all websites, mobile applications and digital platforms comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and other relevant national standards, such as the Guidelines for Indian Government Websites (GIGW). It shall be mandatory for all Government websites to adhere to Section 46 of the RPwD Act, 2016, which requires both electronic and print media to be accessible to persons with disabilities.
The respondent authorities shall issue appropriate guidelines to develop and implement a mechanism where customers who have already completed their KYC process with one regulated entity may authorize the sharing of their KYC information with other entities through the Central KYC Registry (CKYCR).
The respondent authorities shall establish a dedicated grievance redressal mechanism for persons with disabilities to report accessibility issues.
The respondent authorities shall establish a mechanism for human review of rejected KYC applications in cases where accessibility-related challenges prevent successful verification. A designated human officer shall be empowered to override automated rejections and approve applications on a case-by-case basis.
The respondent authorities shall establish dedicated helplines for persons with disabilities, offering step-by-step assistance in completing the KYC process through voice or video support.
RBI shall routinely initiate public campaigns through press release/ advertisement in electronic/ print and social media portals and to raise awareness, increase sensitization, and ensure effective dissemination of information about alternative methods of conducting Digital KYC / e-KYC and circulate standardized materials and mandate all regulated entities to display notices containing such information.
The respondent authorities should mandate inclusion of disability awareness and training modules as part of e-learning modules for officials of regulated entities for better sensitization of officials.
RBI shall monitor and ensure strict adherence by all regulated entities to the guidelines / notifications / directions issued by it, including those in terms of directions issued by this Court in the instant Writ Petition.
Case Details
Case Title: Pragya Prasun & Ors. Versus Union Of India & Ors.
Case No.: Writ Petition (Civil) No. 289 Of 2024
Date: April 30, 2025
