Pragya Prasun & Ors. Vs Union of India & Ors. (Supreme Court of India)
Supreme Court provided directions 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.
Facts- Technology has played a transformative role in reshaping India’s economy and governance. Initiatives such as Digital India aim to promote efficiency, transparency, and accessibility through digital means. Central to this transformation has been the creation of a robust digital infrastructure, including the Aadhaar program, online KYC mechanisms, and various electronic service delivery platforms. However, amidst this wave of digital progress, there remains a crucial and often overlooked aspect that demands urgent attention – ensuring that digital infrastructure and services are accessible to all, including persons with disabilities and other marginalised groups. True inclusion requires that technological advancements accommodate the diverse needs of all citizens, thereby fostering an environment where no individual is left behind. With this preface, we now proceed to examine the key issues involved in the cases before us.
Conclusion- Held that admittedly, the petitioners herein who suffer from facial and eye disfigurements due to acid attacks and from visual impairment, are recognized as persons with disabilities as per the schedule appended to the RPwD Act, 2016. They have also highlighted their inability to complete KYC processes, which require them to perform visual tasks such as blinking, moving the head, or positioning their face within specified frames — tasks, which they are unable to accomplish due to their visual impairments and facial disfigurements. As a result, they encounter delays or are entirely unable to establish their identity, open bank accounts, or access essential services and government schemes. As indicated earlier, the constitutional and legal provisions mentioned above confer upon the aggrieved petitioners a statutory right to demand accessibility and appropriate reasonable accommodations in the digital KYC process. Moreover, the respondents have, fairly, expressed their commitment to ensuring that accessibility guidelines and standards are duly met. Therefore, it is imperative that the digital KYC guidelines are revised with accessibility at the core.
