[ad_1]
Supreme Court of India
Pragya Prasun vs Union Of India on 30 April, 2025
1
2025 INSC 599 REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 289 OF 2024
PRAGYA PRASUN & ORS. ... PETITIONERS
VERSUS
UNION OF INDIA & ORS. … RESPONDENTS
WITH
WRIT PETITION (CIVIL) NO. 49 OF 2025
AMAR JAIN … PETITIONER
VERSUS
UNION OF INDIA & ORS. … RESPONDENTS
JUDGMENT
R. MAHADEVAN, J.
1. Since the issues involved in both the writ petitions are common,
interlinked, and similar, they were heard together and are disposed of by this
common judgment.
2. 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
2
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.
3. While the petitioners in W.P(C) No.289 of 2024 are acid attack victims,
who suffer from facial disfigurement and severe eye burns, the petitioner in
W.P(C) No.49 of 2025 is suffering from 100% blindness. These writ petitions
have been filed seeking directions to the various respondents to formulate
appropriate rules and guidelines for conducting Digital KYC/ e-KYC / Video
KYC process through alternative methods, with a view to ensuring that
the process is more inclusive and accessible to all persons with
disabilities-particularly acid attack survivors suffering from permanent
facial/eye disfigurement and similarly placed individuals, including persons
with blindness and low vision – in accordance with the provisions of the Rights
of Persons with Disabilities Act, 20161, Rights of Persons with Disabilities
1
For short, “the RPwD Act, 2016”
3
Rules, 20172, and Article 21 of the Constitution of India. The writ petitions
further seek to ensure that adequate measures are undertaken to guarantee
accessibility and provide reasonable accommodations for persons with
disabilities, in accessing financial services, telecommunications, and
government schemes.
3.1 For the sake of specificity, the prayers made in the respective writ
petitions are extracted below:
W.P(C) No. 289 of 2024
“(i) To direct the Central Government to frame fresh guidelines for providing
alternative methods or means to conduct the Digital KYC / e-KYC process for
acid-attack survivors suffering from permanent eye-disfigurement or similarly
placed individuals,
(ii) To direct all public and private establishments conducting Digital KYC / e-
KYC process to effectively implement the aforesaid guidelines and frame appro-
priate organizational policies to provide for alternative methods or means that
enable acid-attack survivors suffering from permanent eye-disfigurement or simi-
larly placed individuals to conduct their Digital KYC / e-KYC process,
(iii) To direct the Central Government to frame appropriate provisions to clarify
the meaning and interpretation of “live photograph” as mentioned under the An-
nexure I of the RBI – KYC Master Directions, 2016 for conducting the Digital
KYC / e-KYC process to expand its purview beyond the blinking of eyes with
other alternative criteria such as movements of facial features and/or voice
recognition,
(iv) To direct the RBI to amend and / or frame suitable alternatives for satisfying
the requirement of “live photograph” in the Digital KYC / e-KYC process under
Annexure I of the RBI – KYC Master Directions, 2016 to enable acid attack sur-
vivors suffering from permanent eye-disfigurement and other similarly placed in-
dividuals to conduct the KYC process independently,
(v) To direct the Central Government, RBI, SEBI, and TRAI to issue directions to
all public and private establishments regulated by them including banks, financial
institutions, service providers, and intermediaries to establish account-based re-
2
For short, “the RPwD Rules, 2017”
4
lationships and /or provide other financial and telecommunication services by us-
ing alternative methods for conducting the Digital KYC / e-KYC process that do
not mandate acid attack survivors suffering from permanent eye-disfigurement
and other similarly placed individuals to satisfy the “liveness” criterion by blink-
ing their eyes for the purpose of completing the Digital KYC /e-KYC process,
(vi) To direct RBI, SEBI, and TRAI to issue instructions to all public and private
organisations and institutions regulated by them including banks, financial insti-
tutions, service providers, and intermediaries wherein KYC is conducted to adopt
and/or follow offline and/or physical KYC procedures for acid attack survivors
suffering from permanent eye-disfigurement and other similarly placed individu-
als who cannot blink their eyes for conducting the Digital KYC /e-KYC process,
and
(vii) To direct the Central Government, RBI, SEBI, and TRAI to sensitise all pub-
lic and private establishments conducting the Digital KYC / e-KYC to actively as-
sist acid attack survivors with permanent eye-disfigurement and similarly placed
individuals in availing their banking, telecommunication and other financial ser-
vices.”
W.P (C) No.49 of 2025
“(i) To direct the Central Government, Reserve Bank of India, Securities and Ex-
change Board of India, Pension Fund Regulatory and Development Authority, In-
surance Regulatory and Development Authority of India, Department of Telecom-
munications, Telecom Regulatory Authority of India, to frame rules for making
the process of digital KYC/e-KYC accessible to persons with blindness / low vi-
sion,
(ii) To direct the respondents to ensure effective compliance of accessibility stan-
dards by all public and private establishments conducting digital KYC/ e-KYC/
Video-KYC,
(iii) To direct the Central Government to frame appropriate provisions to expand
or clarify the meaning and interpretation of “live photograph” as mentioned un-
der the Prevention of Money Laundering (Maintenance of Records) Rules, 2005,
Annexure I of the RBI – KYC Master Directions, 2016 for conducting the digital
KYC/ e-KYC/ video-KYC process, circulars issued by other respondents to ex-
pand its purview beyond the blinking of eyes and reading out text displayed on
the screen with other alternative criteria,
(iv) To direct the Reserve Bank of India to amend and/or frame suitable alterna-
tives for rejection of the account opening process on account of prompting at the
end of the customer to accommodate assistance taken by persons with blindness /
low vision during the digital KYC/e-KYC/ video-KYC process,
5
(v) To direct the Reserve Bank of India to amend and/or frame suitable alterna-
tives for satisfying the requirement of signature verification in the digital KYC/e-
KYC process to enable persons with blindness / low vision to use thumb impres-
sions,
(vi) To direct the respondents to sensitize all public and private establishments
conducting digital KYC/ e-KYC/ video-KYC to actively assist persons with blind-
ness / low vision in availing the services, and
(vii) To direct the respondents to consider the accessibility needs of persons with
disabilities especially with blindness while framing any policies for public at
large.”
4. According to the petitioners in WP(C) No. 289 of 2024, who are acid
attack survivors, they have experienced difficulties in completing the digital
KYC / e-KYC process due to their inability to click a “live photograph” by
blinking, which has prevented them from opening a bank account and
purchasing a SIM card from the telecom providers. It is the grievance of the
petitioner in WP (C) No. 49 of 2025, who is suffering from 100% blindness,
that due to his disability, he faces daily challenges in establishing account-based
relationships, conducting transactions, availing services and verifying his
identity – whether as a customer or as a citizen accessing government schemes.
These difficulties arise primarily because digital KYC / e-KYC / video KYC 3
norms are not designed keeping in view the accessibility needs of persons with
disabilities. Thus, the digital KYC process that excludes persons with
disabilities is a violation of the fundamental rights enshrined under Article 21 of
the Constitution of India.
3
Hereinafter shortly referred to as “digital KYC”
6
5. Continuing further, the learned counsel for the petitioners submitted that
vide RBI Master Direction, 2016, the digital KYC process has been made
mandatory. Following this, all major sectors – including banking institutions,
telecommunication companies, etc., require KYC as a mandatory part of their
registration processes. Accordingly, digital KYC has now become indispensable
for accessing essential services, such as opening a bank account, demat and
trading accounts, SIM cards, pension accounts, insurance policies; any type of
financial investment, such as mutual funds, etc., obtaining Director
Identification Number from Ministry of Corporate Affairs, buying a FASTag
device for National Electronic Toll Collection, obtaining a digital signature
under the Information Technology Act, 2000, for income tax return filing or for
government tendering, and for high value immovable property transactions
involving buying, selling or renting. It is also required for accessing government
benefits such as national scholarships, annual life certificates for pensioners,
direct benefit transfers using Aadhaar, etc. However, these processes are not
fully accessible to persons with disabilities, particularly individuals with facial
disfigurements and visual impairments.
6. Elaborating further, it is submitted by the learned counsel for the
petitioners that during the online KYC process, the following methods are used
to identify a customer:
(a) Clicking a selfie,
(b) Face recognition,
7
(c) Signing using pen and paper; or putting a signature on screen using a
mouse,
(d) Printing and rescanning or clicking a photo of the filled in form,
(e) Verification of OTPs in 30 seconds, displaying documents or KYC form /
signature in original, and
(f) Random question and response (e.g. flashing generic code/ text on screen
for it to be read by the customer).
These methods are not accessible to persons with blindness, making it
impossible for them to complete the formalities independently without physical
assistance. For instance, the face recognition method does not provide adequate
guidance on how to correctly align one’s face with the camera. Consequently,
individuals with visual impairments or facial disfigurements are often unable to
complete the process independently and require assistance from a sighted
person. A similar challenge exists with the selfie-based verification method,
where the lack of accessibility features prevents autonomous completion of the
process. Therefore, the learned counsel submitted that to eliminate the barriers /
difficulties faced by persons with facial disfigurements and visual impairments,
in exercising their right to live with dignity and integrity at par with others, it is
the statutory duty of the government to implement “reasonable
accommodations”, in accordance with the provisions of the RPwD Act, 2016
read with the RPwD Rules, 2017.
8
7. The learned counsel also placed reliance on a catena of decisions viz.,
Vikash Kumar v. Union Public Service Commission & Others 4, Rajive Raturi v.
Union of India & Others5, Disabled Rights Group & Anr. v. Union of India &
Others6, etc., wherein, this Court reiterated the fundamental duty of the State
and its instrumentalities to safeguard the welfare, dignity and autonomy of
persons with disabilities, in order to ensure their complete integration into the
mainstream of society. Further, it emphasized the need for economic
empowerment and inclusion of persons with disabilities.
8. Ultimately, the learned counsel for the petitioners submitted that
considering the difficulties and barriers faced on account of the inaccessibility
of the digital KYC process, this Court may pass appropriate directions to the
respondent authorities.
9. Upon notice, learned counsel for the various respondents appeared before
us and submitted their responses, both orally and in writing. For the sake of
convenience, the same are summarised as under:
9.1 Respondent No.2 – Reserve Bank of India
9.1.1 It is submitted that the Central Government with an intention to prevent
money laundering and to combat and prevent channelizing of money into illegal
activities, terror funding and other economic crimes, enacted Prevention of
4
(2021) 5 SCC 370
5
(2018) 2 SCC 413
6
(2018) 2 SCC 397
9Money Laundering Act, 20027. The PMLA and its Rules, more specifically
Prevention of Money Laundering (Maintenance of Records) Rules, 2005 8
notified thereunder by the Central Government, make it mandatory for the
Banking Companies and Financial Institutions, who are Reporting Entities to
verify identity of their clients, maintain records and furnish information in the
prescribed format to the Financial Intelligence Unit India.
9.1.2 It is further submitted that under Section 11A(1) of the PMLA, the
Banking Companies and Financial Institutions are under obligation to verify the
identity of its clients, by-
(a) authentication under the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016 if the reporting entity is a
banking company; or
(b) offline verification under the Aadhaar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016; or
(c) use of passport issued under section 4 of the Passports Act, 1967; or
(d) use of any other officially valid document or modes of identification as may
be notified by the Central Government in this behalf:
9.1.3 It is further submitted that under Rule 9 of the Rules, 2005, every
Banking Company is required to conduct Client Due Diligence at the time of
commencement of an account-based relationship and identify its clients, verify
their identity, and obtain information on the purpose and intended nature of the
business relationship. In terms of Rule 2(b) of the Rules, 2005, the Client Due
Diligence means ‘due diligence carried out on a client’. Further, where client is
an individual, then he is mandated under Rule 9(4) to submit the following –
7
For short, “the PMLA”
8
For short, “the Rules, 2005”
10
(a) the Aadhaar number where-
(i) he is desirous of receiving any benefit or subsidy under any scheme notified
under Section 7 of the Aadhaar (Targeted Delivery of Financial and Other
subsidies, Benefits and Services) Act, 2016
(ii) he decides to submit his Aadhaar number voluntarily to a banking company
or any reporting entity notified under first proviso to sub-Section (1) of Section
11A of the Act; or
(aa) The proof of possession of Aadhaar number where offline verification can
be carried out; or
(ab) The proof of possession of Aadhaar number where offline verification
cannot be carried out or any officially valid document or the equivalent
e-document thereof containing the details of his identity and address; and
(b) The Permanent Account Number or the equivalent e-document thereof or
Form No. 60 as defined in Income-Tax Rules, 1962; and
(c) Such other documents including in respect of the nature of business and
financial status of the client, or the equivalent e-documents thereof as may be
required by Reporting Entity.
9.1.4 It is further submitted that as per Rule 2(ab) of the Rules, 2005,
“authentication” means the process as defined under Section 2(c) of the
Aadhaar (Targeted Delivery of Financial and other subsidies, Benefits and
Services) Act, 2016, which means the process by which the Aadhaar number
along with demographic information or biometric information of an individual
11
is submitted to the Central Identities Data Repository (CIDR) for its verification
with respect to the correctness, or the lack thereof, on the basis of information
available with it.
9.1.5 It is further submitted that under Rule 2(bba) of the Rules, 2005, “digital
KYC” means capturing the live photo of the client and the officially valid
documents or the proof of possession of Aadhaar where offline verification
cannot be carried out along with the latitude and longitude of the location where
such live photo is being taken by an authorized officer of the reporting entity.
9.1.6 It is further submitted that under Regulation 2(j) of the Aadhaar
(Authentication) Regulations, 2016, e-KYC authentication means a type of
authentication facility in which the biometric information and/ or OTP along
with the Aadhaar number securely submitted with the consent of the Aadhaar
number holder through a requesting entity, is matched against the data available
in the CIDR, and the authority returns a digitally signed response containing the
e-KYC data along with other technical details related to the authentication
transaction.
9.1.7 Furthermore, in Annexure 1 to the Rules, 2005, the Central Government
has prescribed the process of Digital KYC, as per which, the following is
mandated:
(a) The Reporting Entities shall develop an application for digital KYC process
which shall be made available at customer touch points for undertaking KYC of
their customers and the KYC process shall be undertaken only through this
12authenticated application of the Reporting Entities.
(b) The access of the Application shall be controlled by the RE and it should be
ensured that the same is not used by unauthorized persons. The Application
shall be accessed only through login-id and password or Live OTP or Time
OTP controlled mechanism given by REs to its authorized officials.
(c) The customer, for the purpose of KYC, shall visit the location of the
authorized official of the Reporting Entities or vice-versa. The original
Officially Valid Document (OVD) shall be in possession of the customer.
(d) The Reporting Entities must ensure that the Live photograph of the customer
is taken by the authorized officer and the same photograph is embedded in the
Customer Application Form (CAF). Further, the system Application of the RE
shall put a water-mark in readable form having CAF number, GPS coordinates,
authorized official’s name, unique employee Code (assigned by REs) and Date
(DD:MM:YYYY) and time stamp (HH:MM:SS) on the captured live
photograph of the customer.
(e) The Application of the Reporting Entities shall have the feature that only
live photograph of the customer is captured and no printed or video-graphed
photograph of the customer is captured. The background behind the customer
while capturing live photograph should be of white colour and no other person
shall come into the frame while capturing the live photograph of the customer.
(f) Similarly, the live photograph of the original OVD or proof of possession of
Aadhaar where offline verification cannot be carried out (placed horizontally),
13shall be captured vertically from above and water-marking in readable form as
mentioned above shall be done. No skew or tilt in the mobile device shall be
there while capturing the live photograph of the original documents.
(g) The live photograph of the customer and his original documents shall be
captured in proper light so that they are clearly readable and identifiable.
(h) Thereafter, all the entries in the CAF shall be filled as per the documents
and information furnished by the customer. In those documents where Quick
Response (QR) code is available, such details can be auto-populated by
scanning the QR code instead of manual filing the details. For example, in case
of physical Aadhaar/e-Aadhaar downloaded from UIDAI where QR code is
available, the details like name, gender, date of birth and address can be
auto-populated by scanning the QR available on Aadhaar/e-Aadhaar.
(i) Once the above-mentioned process is completed, a One Time Password
(OTP) message containing the text that ‘Please verify the details filled in form
before sharing OTP’ shall be sent to customer’s own mobile number.
Upon successful validation of the OTP, it will be treated as customer signature
on CAF. However, if the customer does not have his/her own mobile number,
then mobile number of his/her family/relatives/known persons may be used for
this purpose and be clearly mentioned in CAF. In any case, the mobile number
of authorized officer registered with the Reporting Entities shall not be used for
customer signature. The Reporting Entities must check that the mobile number
used in customer signature shall not be the mobile number of the authorized
14
officer.
(j) The authorized officer shall provide a declaration about the capturing of the
live photograph of customer and the original document. For this purpose, the
authorized official shall be verified with One Time Password (OTP) which will
be sent to his mobile number registered with the Reporting Entities. Upon
successful OTP validation, it shall be treated as authorized officer’s signature on
the declaration. The live photograph of the authorized official shall also be
captured in this authorized officer’s declaration.
(k) Subsequent to all these activities, the Application shall give information
about the completion of the process and submission of activation request to
activation officer of the Reporting Entities, and also generate the
transaction-id/reference-id number of the process. The authorized officer shall
intimate the details regarding transaction-id/reference-id number to customer for
future reference.
(l) The authorized officer of the Reporting Entities shall check and verify that:-
(i) information available in the picture of document is matching with the
information entered by authorized officer in CAF;
(ii) live photograph of the customer matches with the photo available in the
document; and
(iii) all of the necessary details in CAF including mandatory field are filled
properly.
15
(m) On Successful verification, the CAF shall be digitally signed by authorized
officer of the RE who will take a print of CAF, get signatures/thumb-impression
of customer at appropriate place, then scan and upload the same in system.
Original hard copy may be returned to the customer.
9.1.8 Thus, the requirement to conduct due diligence of its clients by the
banking companies and the financial institutions is mandated under the
provisions of the PMLA and the Rules, 2005, and that, the process of verifying
the documents submitted by the clients is also included in various rules and
regulations as well as Acts as stated above. Hence, the Reserve Bank of India in
compliance with Rule 9(14) of the Rules 2005, has issued the Reserve Bank of
India (Know Your Customer KYC) Directions, 2016, thereby reproducing and
reiterating the process and procedure prescribed in the PMLA Rules, 2005.
9.1.9 In reply to the submissions made on the side of the petitioners, it is
submitted by the learned counsel for the RBI as under:
(a) RBI is not an appropriate authority to carry out amendments so as to
include the specific suggestions of the petitioners in the already elaborated and
described process of digital KYC in the PML Rules. However, it is reiterated
that the digital KYC process outlined in Annex I of the MD on KYC and the
V-CIP outlined in the MD on KYC does not mandate Regulating Entities to
necessarily undertake ‘blinking eye’ test and the bank official can ask varied
questions to establish the liveness of the customer during the V-CIP.
16
(b) In terms of paragraph 16 of the MD on KYC, when a customer submits
the proof of possession of Aadhaar number where offline verification can be
carried out, the Regulating Entities shall carry out offline verification.
Further, when a customer submits any OVD or proof of possession of Aadhaar
where offline verification cannot be carried out, the Regulating Entities shall
carry out verification through Digital KYC. However, for a period not beyond
such date as may be notified by the Government for a class of Regulating
Entities, instead of carrying out Digital KYC, the Regulating Entities pertaining
to such class may obtain a certified copy of the proof of possession of Aadhaar
number or the OVD and a recent photograph where an equivalent e-document is
not submitted. Thus, RBI has already issued comprehensive guidelines
prescribing different modes to carry out customer due diligence in terms of
respective PML Rules.
(c) As per the instructions regarding V-CIP outlined under paragraph 18 of
the MD on KYC, Regulated Entities may undertake V-CIP to carry out CDD in
case of new customer on-boarding for individual customers, proprietor in case
of proprietorship firm, authorized signatories and Beneficial Owners (BOs) in
case of Legal Entity (LE) customers. In terms of paragraph 18(b)(i) of MD on
KYC, each Regulated Entity shall formulate a clear workflow and standard
operating procedure for V-CIP and ensure adherence to it. The V-CIP process
shall be operated only by officials of the Regulated Entities specially trained for
this purpose. The official should be capable to carry out liveness check and
17
detect any other fraudulent manipulation or suspicious conduct of the customer
and act upon it. Further, as per paragraph 18(b)(iii), the sequence and/or type of
questions, including those indicating the liveness of the interaction, during
video interactions shall be varied in order to establish that the interactions are
real-time and not pre-recorded. Furthermore, as per para 11, Customer
Acceptance Policy should not result in denial of banking/financial facility to
members of the general public, especially those, who are financially or socially
disadvantaged.
(d) According to RBI, the guidelines regarding V-CIP are already in place.
As per paragraph 4 of the MD on KYC, the Regulated Entities are directed to
have a KYC policy duly approved by the Board of Directors. Furthermore, the
Regulated Entities are also mandated under the MD on KYC to ensure that they
comply and follow the directions issued by RBI.
(e) Referring to Clause 3(ii) of the Aadhaar (Authentication and Offline
Verification) Regulation 2021, it is submitted that in terms of proviso (i) to
paragraph 16 of the MD on KYC, when a customer submits Aadhaar number
under paragraph 16(a), the Regulated Entities shall carry out authentication of
the customer’s Aadhaar number using e-KYC authentication facility provided
by the Unique Identification Authority of India. e-KYC authentication can be
carried out through biometric e-KYC authentication or OTP based e-KYC
authentication (face to face).
18
9.1.10 Thus, it is submitted by the learned counsel, adherence to the
guidelines/ notifications/directions issued by RBI and other regulatory/ statutory
bodies are monitored and checked during the supervisory review process carried
out by the supervisory departments of RBI; and that, RBI has conducted public
awareness campaigns and issued press-releases in respect of various KYC / re-
KYC issues. Besides this, RBI has been conducting workshops/ training
programmes for its Regulated Entities to sensitize them about the instructions
issued through MD on KYC.
9.2. Respondent No.4 – Telecom Regulatory Authority of India (TRAI)
It is submitted that TRAI draws its powers and functions from the Telecom
Regulatory Authority of India Act, 19979 and the rules/regulations framed
thereunder. It has no statutory role in the formulation or implementation of
Digital KYC/e-KYC guidelines. The issues concerning subscriber verification,
including KYC norms, fall exclusively within the domain of the Department of
Telecommunications, which is the licensing authority for telecom service
providers. Therefore, according to TRAI, it lacks jurisdiction or authority to
frame any policy or issue directions concerning Digital KYC/e-KYC processes.
9
For short, “the TRAI Act”
19
9.3 Respondent No.5 – Department of Telecommunications
9.3.1 It is submitted that the Central Government grants licenses under
Section 4 of the Indian Telegraph Act, 1885, for various types of telecom
services including Access Services, Internet Services, etc. Access Services
cover collection, carriage, transmission and delivery of voice and/or non-voice
messages over licensee’s network in the designated service area, and includes
mobile, wireline and internet services. An Internet Service Provider provides
data services.
9.3.2 It is submitted that the relevant KYC condition as contained in clause
39.17(i) of the Unified License Agreement mandates that the Licensee shall
ensure adequate verification of each and every customer before enrolling him as
a subscriber and shall follow instructions issued by the Licensor in this regard
from time to time. The Licensee shall make it clear to the subscriber that the
subscriber will be responsible for proper and bona fide use of the service.
Pursuant to the same, the Department of Telecommunications has been issuing
KYC guidelines / instructions, which are being followed by the licensees for the
purpose of issuing new mobile connections to subscribers and for SIM
replacement.
9.3.3 It is further submitted that as per the direction of this Court in Avishek
Goenka v. Union of India in W.P.(C) No.285 of 2010, a Joint Expert Committee
was constituted in the Department of Telecommunications and based on the
report submitted by the Committee, instructions dated 09.08.2012 in Letter No.
20
800-09/20010-VAS titled as “Instruction on Verification of New Mobile
subscribers (Pre-paid and Post-paid)” came to be issued. The said instructions
laid down KYC provisions for issuing mobile connections to individual,
outstation, foreign and business category customers. There are also additional
provisions dealing with mobile connections obtained on fake / forged
documents, timely disconnections in case of KYC non-compliance or directions
of Law Enforcement Agencies, etc. That apart, various documents have been
allowed as valid proof of identity/ proof of address documents for obtaining
mobile connections.
9.3.4 It is further submitted that on 03.04.2019 vide Letter No. 800-26/2016-
AS.II, Instructions for Alternate Digital KYC process for issuing new mobile
connections to subscribers were introduced by the Department of
Telecommunications, wherein it was stated that the Customer Acquisition Form
(CAF) is to be embedded with the live photograph of the subscriber along with
the original proof of Identity / Proof of Address document, thereby making the
KYC process fully digital and paperless.
9.3.5 After the amendment of the Indian Telegraph Act, in July, 2019, the
identification of a person through Aadhaar authentication cannot be made
mandatory as the use of modes of identification under Section 4(3) is the
voluntary choice of the person and no person can be denied any service for not
having an Aadhaar Number. Further, the Telecom Regulatory Authority of India
21
has made the following recommendation dated 09.07.2018 on “Making ICT
accessible for Persons with Disabilities”:
(a) All TSPs should identify existing mobile/landline numbers of their
customers who are eligible to be classified under persons with disabilities.
Provision should be made in the CAF for registering new customers as ‘Persons
with disabilities’ in case he/she is a person with disability. All such numbers
should be assigned a special category.
(b) TSPs, MSOs and DTH Operators should have a special desk in their Call
Centres / Customer Support Centres where calls received from special category
numbers are routed to this specialized desk which should be manned by
person(s) to receive calls from Persons with disabilities using assistive
technologies.
9.3.6 After consultation with the Department of Empowerment of Persons
with Disabilities (DEPwD), the Department of Telecommunications issued a
letter dated 16.12.2020, wherein, priority and specialized services in respect of
customer support services have been incorporated for persons with disabilities
customers. Thus, regarding mobile services to persons with disabilities
customers, the Department of Telecommunications has already made special
provisions and additional safeguards for persons with disabilities customers to
the extent possible.
9.3.7 It is submitted that the Department of Telecommunications reintroduced
Aadhaar based e-KYC process vide Letter No. 800-12/2019–AS II dated
22
21.09.2021 wherein the use of Aadhaar based e-KYC service of Unique
Identification Authority of India (UIDAI) has been adopted as an alternate
process for issuing mobile connections to individual customers including
outstation customers and bulk connection. In Aadhaar based e-KYC, the
subscriber is authenticated biometrically and demographic details are fetched
from the UIDAI database. Live photograph of the customer is taken and
matched with the photo received from UIDAI.
9.3.8 Pursuant to the instructions issued by the Department of
Telecommunications vide Letter No. 800-09/2023-AS II dated 31.08.2023,
additional strict measures have been incorporated into the KYC process viz., (a)
end user KYC in business connections, (b)use of Digital-KYC/e-KYC process
in case of SIM swap / replacement, and (c) other enhanced safeguards.
9.3.9 It is submitted that the Department of Telecommunications is
continuously committed to improving the KYC process and make it user
friendly. With passage of time, the KYC process has improved, attaining better
verification norms and maintaining the orderly growth of the
telecommunications sector. In order to enhance security and authenticity of the
KYC process adopted by licensees, the Department of Telecommunications
issued instructions on 05.12.2023 for the discontinuation of the paper – based
KYC process with effect from 01.01.2024.
9.3.10 Pursuant to the grievance expressed by the first petitioner in WP(C) No.
289 of 2024 vide communication dated 12.02.2024, the Department further
23
issued instructions dated 19.03.2024 whereby, paper – based KYC process was
allowed in certain exceptional cases for obtaining new mobile connections and
SIM replacements. PwD customers have been included among those
exceptional cases and may obtain mobile connections and do SIM replacements
using paper – based KYC process, which does not require live photography or
blinking of the eyes. Further, additional benefits viz., priority and specialized
customer support services have also been provided to PwD customers.
9.3.11 It is further submitted that Telecom Service Providers (TSPs) and
financial entities are distinct entities, each governed by the relevant law that
applies to them. TSPs do not maintain Central KYC registry. As per the
provisions of licensing framework notified by DoT, each TSP has to ensure
adequate verification of each and every customer before enrolling them as
subscribers and sharing of KYC information among different entitles, is not
permitted.
9.3.12 Thus, it is submitted that the Department of Telecommunications has
not mandated eye – blinking as the sole mechanism to determine the liveliness
of the customer’s photograph during enrolment.
9.4 Respondent No.7 – Securities Exchange Board of India (SEBI)
9.4.1 It is submitted that SEBI, being the regulator of securities market, has
always been committed to the cause of making the securities market accessible
to all by catering to the special requirements of persons with disabilities, while
24
at the same time balancing the need of providing secure digital platforms and
effectively managing the risk of money laundering and terrorist financing
through securities market. It is also submitted that the SEBI is ready to take
necessary measures as mandated by law.
9.4.2 It is further submitted that Clauses 33 to 48 of the Master Circular dated
12.10.2023 deal with the procedure prescribed for Digital KYC. According to
Clause 46, a cropped signature affixed on the online KYC form under electronic
/ digital signature, including Aadhaar e-sign, will also be accepted as a valid
signature. Thus, the Master Circular provides for an alternative to electronic /
digital signature, which can be availed of by any person, who is unable to do
electronic / digital signature.
9.4.3 It is further submitted that SEBI permits registered intermediaries to use
online application for completing digital KYC to enable seamless, real-time,
secured, end-to-end encrypted audio-visual interaction with the client.
Digital KYC is an additional option available to the investors, along with the
option of physical KYC. Thus, a person who, due to blindness or low vision is
unable to e-sign a document, can opt for offline/ physical KYC and affix a
thumb impression instead of signature.
9.4.4 Further, as mentioned in para 5 of the FAQs titled as “FAQs on Demat
Account and Trading Account by Persons with Disability” issued by
Respondent No.7, if a person with disability is unable to sign for himself /
herself, the account can be opened with the signature of the guardian.
25
9.4.5 It is further submitted that Clause 47 provides for cancelled cheque for
capturing bank details of the client. It also provides that verification of the bank
account details can be carried out through Penny Drop Mechanism or any other
mechanism using the API of the Bank. SEBI is open to include other possible
documents that may be used by the registered intermediaries for capturing the
bank details of the clients.
9.4.6 Regarding the requirement of liveliness check as provided under clause
52, it is submitted that the same is done in order to guard against spoofing and
other fraudulent practices. The securities market intermediaries use various
parameters to check the client’s liveliness which not only involves checking the
movement of eyelid and eyeball or blinking, but also, includes other factors viz.,
live facial expressions, nodding of head, client showing OTP while being
clearly visible on the screen, real time video recording and displaying copies of
documents on the screen, etc. Further, on request of a client, the registered
intermediaries are required to extend all possible assistance for capturing video
in live environment to facilitate online/digital KYC to persons with disabilities.
It is further submitted that the website maintained by the SEBI is in compliance
with the requirements of the RPwD Act, 2016 and the RPwD Rules, 2017.
The website also complies with World Wide Web Consortium (W3C) Web
Content Accessibility Guidelines (WCAG) 2.0 level AA and has assistive
technologies to enable people with visual impairment to access the website.
In addition, SEBI is in process of seeking an accessibility audit by an
26
International Association of Accessibility Professionals certified auditor.
Further, SEBI has also advised all the Market Infrastructure Intermediaries
(MIIs) who fall within the regulatory regime of SEBI to bring to the attention of
all their members/ intermediaries for necessary compliance, the provisions of
Sections 42 and 46 of the RPwD Act, 2016 r/w Rule 15 of the RPwD Rules,
2017.
9.4.7 It is further submitted that Clause 60 of the Master Circular provides for
the option of Video in Person Verification (VIPV) of the investor as one of the
methods of doing In-Person Verification. This option is in addition to/ as an
alternative to physical In-Person Verification. Further, this clause clearly states
that the VIPV process can be carried out by any of the many methods including
random question and response from the investor; displaying officially valid
document; KYC form and signature; or it could also be confirmed by an OTP.
9.4.8 It is further submitted that Clause 61 of the Master Circular provides that
in person verification shall not be required in certain cases where (a) KYC of
the client has been completed using the Aadhaar authentication / verification of
UIDAI; (b) KYC form has been submitted online, documents have been
provided through Digilocker or any other source which could be verified online.
These are additional options available to all investors including persons with
blindness/ low vision.
9.4.9 It is further submitted that the FAQs have been put in place to guide the
investors and market participants. Such interpretations are valid being
27
transparent and applied consistently without discrimination. It is reiterated that
SEBI is committed to the cause of enabling equal access of services of its
registered intermediaries to persons with disabilities, including persons with
visual impairments and has complied with the directions issued by the Chief
Commissioner for PwD from time to time in this regard. At the same time, it is
imperative for SEBI as the Regulator of securities market to build in / retain
necessary checks to ensure that the securities market platforms are secured.
9.5. Respondent No.8 – Pension Fund Regulatory & Development Authority
(PFRDA)
9.5.1 It is submitted that PFRDA is a statutory authority established by the
Government of India under the Pension Fund Regulatory Authority and
Development Authority Act, 201310 to regulate, promote and ensure orderly
growth of the National Pension System 11 and to protect the interests of
subscribers of such system and schemes of pension funds.
9.5.2 It is further submitted that Circular no. PFRDA/2020/46/SUP-CRA/18
dated 06.10.2020 prescribes the norms for V-CIP for the National Pension
System (NPS) which is regulated by this respondent. Some of the important
norms are as follows:
10
For short, “the PFRDA Act”
11
For short, “the NPS”
28Mobile Application based VCIP
(a) Points of Presence (PoPs) shall carry out the liveliness check in order to
guard against spoofing and other fraudulent manipulations.
(b) PoPs can add additional safety and security features, other than prescribed
above.
(c) PoPs should ensure Instant bank account verification through penny drop, to
verify the beneficiary bank details is mandatory.
(d) The photo/signature of the subscriber is to be uploaded during VCIP while
On-boarding.
Non-Mobile Application based VCIP
(a) PoPs through their authorized official, specifically trained for this purpose,
may undertake live VCIP of an individual subscriber/applicant, after
obtaining their informed consent.
(b) The VCIP shall be only in a live environment.
(c) The VCIP shall be clear and undisturbed. Further, the NPS
subscriber/applicant in the video shall be easily re-cognizable and shall not
be covering their face in any manner.
(d) The VCIP process shall include random question and response from the
NPS subscriber/applicant including displaying the OVD as specified by
PFRDA in its CSRF/Exit Form/Service request forms.
(e) PoPs shall ensure that photograph of the subscriber provided in KYC
29
documents/PRAN card/CSRF, as the case may be, matches with the
Subscriber during VCIP.
(f) PoPs should ensure instant bank account verification through penny drop,
to verify the beneficiary bank details is mandatory.
(g) PoPs can add additional safety and security features, other than prescribed
above.
9.5.3 It is further submitted that according to section 40 of the RPwD Act,
2016, the Central Government vide Gazette notification dated 16.08.2024 has
issued the Accessibility Standards and Guidelines (for Creating Infrastructure
for Persons with Disabilities) for PFRDA-Regulated Intermediaries to address
accessibility needs of persons with disabilities in respect of the facilities and
services pertaining to pension schemes regulated by PFRDA. Clause 3.1 of the
said Guidelines pertaining to Accessibility of website and application for
visually impaired persons, mandate the intermediaries to design and develop
user-friendly website and app (with the enablement of text-to-speech software)
in such a way that they are accessible by all persons including visually
impaired. Further, these Guidelines have been sent to intermediaries for
ensuring compliance. That apart, the said Guidelines also mandate PFRDA
regulated intermediaries to implement the following:
(a) ‘Guidelines for India Government Websites and Apps’ (GIGW) as amended
issued by Ministry of Electronics and Information Technology (MEITY)
which prescribes accessibility standards for websites and apps.
30
(b) Indian standards IS 17802 (Part 1), 2021 and IS 17802 (Part 2), 2022,
issued by MEITY and notified by the Bureau of Indian Standards (BIS)
which prescribes accessibility standards for Information and
Communication Technology (ICT) products and services.
9.5.4 In response to the submissions made by the petitioners regarding the
challenges faced by them, it is submitted as follows:
(a) The circular dated 06.10.2020 on VCIP for NPS prescribes that a ‘liveness
check’ must be conducted, but does not prescribe blinking as the only
method and that, there is a requirement under PML Rules 2005 of
displaying/capturing the live photo of ‘Officially Valid Document’ (OVD)
where offline verification cannot be carried out.
(b) In the said circular dated 06.10.2020 for VCIP for NPS, there is a
requirement of “random action initiation for subscriber response” as part of
the liveliness check in cases of Mobile Application based VCIP. The
application shall also have features of random action initiation for
subscriber’s response to establish that the interactions are not recorded.
Further, the application should have time stamping and geo-location
tagging to ensure physical location in India, etc. However, presently
provision of audio captcha as an alternative to visual captcha is not
specified in the circular.
(c) As per clause 4 of PFRDA Accessibility Guidelines, this respondent is
taking steps for training of personnel and sensitization towards needs of
31
persons with disabilities and for assisting them in use of various available
services.
(d) PFRDA has through Clause 5(ii) of PFRDA Accessibility Guidelines
specified that intermediaries must give a special focus to grievances raised
by persons with disabilities. The grievance redressal officer nominated by
the intermediary under the PFRDA (Redressal of Subscriber Grievance)
Regulations, 2015, shall be the nodal officer for addressing the issues
related to persons with disabilities.
(e) Under Circular no. PFRDA/2020/23/SUP-CRA/10 dated 15.06.2020, NPS
permits paperless onboarding through OTP verification as one of the
acceptable methods and hence it is not necessary for signature to be made
physically or on screen. Presently, only during physical application mode,
thumb impression is being accepted, whereas in Digital KYC and VCIP
thumb impression is not prescribed/accepted. This thumb impression must
be attested by two individuals, one of whom should be an authorized
official of the intermediary (Point of Presence), who must certify it under
their official seal and stamp.
9.5.5 Thus, it is submitted that this respondent is committed to ensuring the
provision of services in a manner that is equally accessible to persons with
visual impairments, including taking all reasonable measures to comply with
existing accessibility norms. This respondent is further committed to complying
with any directions issued by this court to enhance accessibility in the digital
32
KYC process for persons with disabilities.
9.6 Respondent No.9 – Insurance Regulatory and Development Authority of
India
9.6.1 It is submitted that in terms of the provisions of the Prevention of Money
Laundering Act, 2002, and the Prevention of Money Laundering (Maintenance
of Records) Rules, 2005, this respondent has issued Master Guidelines on Anti
Money Laundering/Counter Terrorist Financing (AML/CFT) 2022 on
01.08.2022, which provides framework related to KYC for issuance sector.
9.6.2 It is further submitted that as per the regulatory framework put in place,
this respondent did not make digital KYC and VBIP mandatory and it is being
provided as one among many options for customer identification process.
Both digital and VBIP are assisted by Authorised Officials / Persons of REs.
These officials / persons can assist customers in completing KYC by taking
photos, aligning camera, aligning documents, etc. Further, paragraph M of
digital KYC process provides for obtaining either signature or thumb
impression of customer.
9.6.3 It is further submitted that paragraph 12 of the IRDAI Master Guidelines
permit use of Central KYC Records Registry (CKYCR) for KYC.
Moreover, vide IRDAI circular dated 12.08.2024, REs are mandated to seek
KYC Identifier from customer which eliminate the requirement to submit the
KYC documents. Alternatively, if KYC ID is not available with customers, REs
33
are required to search the CKYC ID and download the records from CKYCR, if
available.
9.6.4 It is submitted that an option of Aadhaar based e-KYC is also in place
wherein KYC details are downloaded from UIDAI with customer consent.
Framework for the same is prescribed by UIDAI and as per this framework, in
addition to biometric, OTP based authentication is also available for KYC.
Submission of physical copy of Officially Valid Documents or e-documents are
also permitted for KYC purposes. That apart, there are provisions available for
disabled persons to nominate a person to submit declaration on their behalf.
9.6.5 Thus, according to this respondent, they have put in necessary
provisions for seamless completion of KYC for visually disabled persons in the
insurance sector in the form of other alternate modes/methodologies of KYC for
ensuring equal access to persons with visual impairment / blindness.
10. We have considered the submissions made by the learned counsel
appearing for all the parties and perused the materials placed before us.
11. At the outset, it is to be pointed out that the respondent authorities have
not raised any adverse remarks regarding the grievances expressed by the
petitioners and they are committed to assist us in arriving at a just and effective
solution to advance the rights and enhance the quality of life of persons with
disabilities, particularly those with facial disfigurements and visual impairments
or blindness.
34
12. As stated earlier, in an effort to combat illegal activities and money
laundering, the Central Government through the PMLA and the Rules, 2005,
mandated that all financial and banking institutions conduct client identity
verification, maintain comprehensive records, and report relevant information to
the Financial Intelligence Unit – India. Pursuant to the same, the Reserve Bank
of India issued the Master Direction on Know your Customer (KYC), 2016 12.
The Master Direction on KYC prescribes the framework for Customer Due
Diligence (CDD) procedures and outlines the digital KYC process under
Chapter VI and Annex I, respectively. Additionally, Clause 18 of the MD on
KYC introduced the Video based – Customer Identification Process (V-CIP)
enabling remote customer verification through secure, real-time video
interaction. As a result, multiple sectors – including banking,
telecommunications, insurance, and mutual funds – have adopted digital KYC
as a mandatory component of their CDD or Customer Identification Program
(CIP) obligations, thereby facilitating identity verification of prospective
customers in compliance with regulatory requirements.
13. According to the petitioners, while it is mandatory for Regulated Entities
to conduct offline verification at the ground level, many Regulated Entities have
refused to do so, even when customers submit valid proof of possession of
Aadhaar in compliance with sub-clause (aa) of paragraph 16 of the MD on
KYC. Secondly, under Option 2, if a customer submits an Offline Based
12
For short, “MD on KYC”
35
Document (OBD) or an equivalent e-document, the Regulated Entities are
required to verify the customer’s digital signature and capture a live photograph
as specified under Annex I of the MD on KYC. However, this requirement
creates an unintended barrier for individuals with facial / eye disfigurements
and visual impairments like the petitioners herein, as they are unable to fulfill
the condition of providing a live photograph due to their inability to blink,
thereby rendering them unable to complete the digital KYC process under this
option.
13.1 The petitioners further detailed the problems faced by them, with the
existing guidelines as under:
(i) Absence of definition of the term “liveness” and accessibility issues
in liveness checks — No criterion for gauging “liveness” of a customer has
been defined in any of the guidelines pertaining to the digital KYC process.
In practice, Regulated Entities have developed methods such as requiring
eye-blinking, reading a random code displayed on screen, or handwriting the
displayed code and clicking a photograph of themselves with the handwritten
code. However, persons with blindness would, in the majority of cases, be
unable to comply with these procedures.
Many Regulated Entities either directly capture a selfie as soon as a face and
eye-blinking are detected, or provide a button to allow the user to click a selfie.
However, the digital KYC providers do not follow accessibility standards while
designing their websites or applications, including providing features to assist in
36
clicking a picture through the camera. As a result, persons with blindness have
no guidance regarding camera alignment, face focusing, lighting adequacy, or
other parameters used to assess the quality of the picture. Similarly, persons
with blindness are unable to distinguish the front or back side of documents for
uploading purposes, or adjust lighting and angles appropriately.
Further, the majority of such persons use thumb impressions, being unable to
consistently draw signatures using pen and paper. At present, none of the digital
KYC providers accept an image of a thumb impression as a valid signature,
although they accept an image of a signature drawn using pen and paper.
Furthermore, PAN cards issued based on thumb impressions are also not
accepted by entities.
The Regulated Entities also fail to comply with the standards of accessibility
prescribed in the “Standards of Accessibility for ICT Products and Services”
(Part I & II) issued in 2021 and 2022, as notified by the Central Government
under Section 40 of the Rights of Persons with Disabilities Act, 2016, by way of
amendment to Rule 15(1) of the Rights of Persons with Disabilities Rules, 2017,
notified on May 10, 2023.
(ii) Inaccessibility of biometric devices — All biometric devices presently
designed for Aadhaar authentication, where the Aadhaar number is captured or
information is displayed on screen, do not comply with IS 17802 Accessibility
Standards for ICT Products and Services. As a result, there is no text-to-speech
facility or other accessibility features available to assist persons with blindness
37
in inputting relevant information or in verifying the information entered or
displayed on screen.
(iii) Lack of awareness — Officials and third-party agents deployed by
regulated entities, including officials responsible for concurrent audits, are not
adequately trained or sensitized to assist persons with blindness in performing
digital KYC or in facilitating the digital KYC process for them. Many persons
with blindness are either asked to physically visit the office of the entity (which,
in the case of new-age entities operating only through digital platforms, may not
even exist near their place of residence or work) or have their digital KYC
applications rejected on technical grounds.
(iv) Prohibition on prompting — The RBI Master Directions on KYC prohibit
prompting while performing digital KYC, thereby leaving persons with
blindness without any effective remedy, as they are neither provided assistance
by the officials of the regulated entities nor permitted to take help from any
third party.
Thus, the petitioners, who suffer from facial or eye disfigurements caused by
acid attacks and from 100% blindness, are unable to independently complete
digital KYC processes due to the inaccessibility of the current digital KYC
regulations. This results in their exclusion from accessing services provided by
both public and private establishments.
38
LEGAL FRAMEWORK
14. Various constitutional and statutory provisions place an obligation on the
appropriate Government to ensure that necessary modifications and adjustments
are made to enable persons with disabilities to enjoy and exercise their rights
equally with others. Some of the key provisions under the Constitution and
laws are outlined below :
14.1 Constitution of India, 1950
14.1.1 The Preamble to the Constitution of India, enshrines the objective of
securing for all citizens Justice – social, economic, and political – and liberty of
thought, expression, belief, faith and worship. Part III of the Constitution
provides for a set of six Fundamental Rights to all citizens, and in some cases,
to non-citizens as well. These rights include: the Right to Equality, the Right to
Freedom, the Right against Exploitation, the Right to Freedom of Religion,
Cultural and Educational Rights, and the Right to Constitutional Remedies. All
these rights are equally available to persons with disabilities, even though they
are not specifically mentioned in this part of the Constitution.
14.1.2 The Directive Principles of State Policy are incorporated in Part IV of
the Constitution. Although they are not justiciable, they have been declared
fundamental to the governance of the country. These principles are intended to
serve as the essential basis of state policy and act as guidance for future
legislatures and executives in framing laws and policies. Article 41 of the
39Constitution refers to cases of disablement and reads as under:
“The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education, and to
public assistance in cases of unemployment, old age, sickness and disablement,
and in other cases of undeserved want.”14.2 United Nations Convention on the Rights of Persons with Disabilities
(UNCRPD)14.2.1 India signed the United Nations Convention on the Rights of Persons
with Disabilities (UNCRPD), 2006, on 30th March, 2007 and ratified it on
1st October, 2007. The Convention came into force in the country
with effect from 3rd May 2008. It places the following three important
obligations on each State Party:
(i) To respect the rights and freedoms of persons with disabilities.
(ii) To protect individuals with disabilities from rights violations by others.
(iii) To fulfil these rights by taking appropriate legislative, administrative, and
policy measures.
14.2.2 Article 9 of the UNCRPD deals with Accessibility and reads as follows:
“(1) To enable persons with disabilities to live independently and participate
fully in all aspects of life, States Parties shall take appropriate measures to
ensure to persons with disabilities access, on an equal basis with others, to the
physical environment, to transportation, to information and communications,
including information and communications technologies and systems, and to
other facilities and services open or provided to the public, both in urban and in
rural areas. These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
a) Buildings, roads, transportation and other indoor and outdoor facilities,
including schools, housing, medical facilities and workplaces;
b) Information, communications and other services, including electronic
services and emergency services.
40
(2) States Parties shall also take appropriate measures to:
a) develop, promulgate and monitor the implementation of minimum standards
and guidelines for the accessibility of facilities and services open or provided to
the public;
b) ensure that private entities that offer facilities and services which are open or
provided to the public take into account all aspects of accessibility for persons
with disabilities;
c) provide training for stakeholders on accessibility issues facing persons with
disabilities;
d) provide in buildings and other facilities open to the public signage in Braille
and in easy-to-read and understand forms;
e) provide forms of live assistance and intermediaries, including guides, readers
and professional sign language interpreters, to facilitate accessibility to
buildings and other facilities open to the public;
f) promote other appropriate forms of assistance and support to persons with
disabilities to ensure their access to information;
g) promote access for persons with disabilities to new information and
communications technologies and systems, including the Internet;
h) promote the design, development, production and distribution of accessible
information and communications technologies and systems at an early stage, so
that these technologies and systems become accessible at minimum cost.
14.3 Incheon Strategy
India adopted the Incheon Strategy in 2012. It offers the first set of regionally
agreed inclusive development goals aimed at making the rights of persons with
disabilities a reality in the Asia – Pacific region. Notably, ICT (Information and
Communication Technology) accessibility is specifically referenced in Goal 3
of the strategy. This goal emphasizes the need to enhance access to the physical
environment, public transportation, knowledge, information, and
communication systems for persons with disabilities.
41
14.4 RPwD Act, 2016 and RPwD Rules, 2017
14.4.1 The Government of India had enacted The Rights of Persons with
Disabilities Act, 2016 to give effect to the United Nations Convention on the
Rights of Persons with Disabilities and for matters connected therewith or
incidental thereto.
14.4.2 The RPwD Act, 2016 marks a paradigm shift from the earlier medical
and technical model of disability under the 1995 Act, which carried a significant
burden of stigma. The new model recognizes disability as a condition arising
not only from impairments but also from physical, mental, intellectual, social,
psycho-social, and other barriers that hinder full and effective participation in
society. These barriers lie at the heart of the exclusion experienced by persons
with disabilities, preventing them from realizing their full potential and
participating as full and equal members and citizens – a vision enshrined by the
framers of our Constitution.
14.4.3 Section 2(c) of the RPwD Act, 2016 defines “barrier”, as follows:
“barrier” means any factor including communicational, cultural, economic,
environmental, institutional, political, social, attitudinal or structural factors
which hampers the full and effective participation of persons with disabilities in
society”.
14.4.4 As a significant development, the RPwD Act, 2016 incorporates the
principle of ‘reasonable accommodation’ which is defined in section 2(y) as
follows:
42
“Reasonable accommodation” means necessary and appropriate modification
and adjustments, without imposing a disproportionate or undue burden in a
particular case, to ensure to persons with disabilities the enjoyment or exercise of
rights equally with others.”14.4.5 Section 3 of the RPwD Act, 2016 deals with equality and non-
discrimination and reads as follows:
“(1) The appropriate Government shall ensure that the persons with disabilities
enjoy the right to equality, life with dignity and respect for his or her integrity
equally with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons
with disabilities by providing appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability,
unless it is shown that the impugned act or omission is a proportionate means of
achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground
of disability.
(5) The appropriate Government shall take necessary steps to ensure reasonable
accommodation for persons with disabilities.”14.4.6 Section 13(1) mandates the ‘appropriate government’ to ensure that the
persons with disabilities have right, equally with others, to own or inherit
property, movable or immovable, control their financial affairs and have access
to bank loans, mortgages, and other forms of financial credit.
14.4.7 That apart, Section 21(1) of the RPwD Act, 2016 states that every
establishment shall notify equal opportunity policy detailing measures proposed
to be taken by it in pursuance of the provisions of this Chapter in the manner as
may be prescribed by the Central Government.
14.4.8 Section 40 deals with ‘Accessibility’ and the same reads as under:
“The Central Government shall, in consultation with the Chief Commissioner,
formulate rules for persons with disabilities laying down the standards of
accessibility for the physical environment, transportation, information and
43communications, including appropriate technologies and systems, and other
facilities and services provided to the public in urban and rural areas.”14.4.9 Section 42 of the RPwD Act, 2016, deals with ‘Access to information
and communication technology’. This section requires the appropriate
Government to take measures to ensure that- (i) all contents available in audio,
print and electronic media are in accessible format; (ii) persons with disabilities
have access to electronic media by providing audio description, sign language
interpretation and close captioning; (iii) electronic goods and equipment which
are meant for everyday use are available in universal design.
14.4.10 Section 46 provides ‘time limit for accessibility by service provides’.
According to this provision, the service providers whether Government or
private shall provide services in accordance with the rules on accessibility
formulated by the Central Government under section 40 within a period of two
years from the date of notification of such rules: Provided that the Central
Government in consultation with the Chief Commissioner may grant extension
of time for providing certain category of services in accordance with the said
rules.
14.4.11 Rule 8 of the RPwD Rules, 2017 deals with the manner of
publication of equal opportunity policy and the same reads as under:
“(1) Every establishment shall publish equal opportunity policy for persons with
disabilities.
(2) The establishment shall display the equal opportunity policy preferably on
their website, failing which, at conspicuous places in their premises.
44(3) The equal opportunity policy of a private establishment having twenty or more
employees and the Government establishments shall inter alia, contain the
following, namely:-
(a) facility and amenity to be provided to the persons with disabilities to enable
them to effectively discharge their duties in the establishment;
(b) list of posts identified suitable for persons with disabilities in the
establishment;
(c) the manner of selection of persons with disabilities for various posts, post-
recruitment and pre-promotion training, preference in transfer and posting,
special leave, preference in allotment of residential accommodation if any, and
other facilities;
(d) provisions for assistive devices, barrier-free accessibility and other provisions
for persons with disabilities;
(e) appointment of liaison officer by the establishment to look after the
recruitment of persons with disabilities and provisions of facilities and amenities
for such employees.
(4) The equal opportunity policy of the private establishment having less than
twenty employees shall contain facilities and amenities to be provided to the
persons with disabilities to enable them to effectively discharge their duties in the
establishment.”
14.4.12 Rule 15 of the RPwD Rules, 2017, lays down ‘rules for accessibility’
and the same states as follows:
“(1) Every establishment shall comply with the following standards relating to
physical environment, transport and information and communication technology.
namely:
(a) standard for public buildings as specified in the Harmonised Guidelines and
Space Standards for Barrier Free Built Environment for Persons With
Disabilities and Elderly Persons as issued by the Government of India, Ministry
of Urban Development in March, 2016;
(b) standard for Bus Body Code for transportation system as specified in the
notification of the Government of India in the Ministry of Road Transport and
Highways, vide number G.S.R. 895(E), dated the 20th September, 2016;
(c) Information and Communication Technology-
(i) website standard as specified in the guidelines for Indian Government
websites, as adopted by Department of Administrative Reforms and Public
Grievances, Government of India;
(ii) documents to be placed on websites shall be in Electronic Publication (ePUB)
or Optical Character Reader (OCR) based pdf format:
45
Provided that the standard of accessibility in respect of other services and
facilities shall be specified by the Central Government within a period of six
months from the date of notification of these rules.
(2) The respective Ministries and Departments shall ensure compliance of the
standards of accessibility specified under this rule through the concerned domain
regulators or otherwise.”
POLICIES AND GUIDELINES
14.5 National Policy on Universal Electronic Accessibility, 2013
14.5.1 Recognising that access to technologies and the Internet is fundamental
for ensuring democratic, effective, efficient and equitable participation in an
information society, the Government of India released the National Policy on
Universal Electronic Accessibility in 2013 to eliminate discrimination on the
basis of disabilities as well as to facilitate equal access to electronics and
Information and Communication Technologies (ICTs). It proposes universal
access to electronic and ICT products and services and sets out implementation
guidelines for the policy.
14.5.2 The Web Content Accessibility Guidelines (WCAG) are a set of
internationally recognized standards developed by the World Wide Web
Consortium (W3C) to ensure that web content is accessible to all users,
including persons with disabilities. These guidelines provide technical and
design recommendations to make websites, applications, and digital content
more inclusive. India has recognized the importance of web accessibility and
has taken legal and policy measures to ensure compliance with the Web Content
46
Accessibility Guidelines (WCAG). The Indian government has adopted WCAG
principles to promote digital inclusion, especially for persons with disabilities,
in line with both national and international commitments. The GIGW, issued by
the Ministry of Electronics and Information Technology (MeitY), aligns with
WCAG 2.0 Level AA standards.
14.5.3 Guidelines of Indian Government Websites (GIGW)
National Informatics Centre (NIC) has released three versions of Guidelines of
Indian Websites – the first version was released in 2009, the second version in
2019, and the latest third version was released in March 2023. These guidelines
serve as a single point of reference for all three aspects of digital systems of the
internet i.e., quality, accessibility and security:
GIGW 1.0 – The 2009 version, based on the Web Content Accessibility
Guidelines (WCAG) 1.0, provided detailed information on various accessibility
features such as text alternatives for images, resizable text, and colour contrast.
The guidelines also mandated that all government websites should be
compatible with assistive technologies such as screen readers and provided
guidelines for testing the accessibility of government websites.
GIGW 2.0 – A significant improvement over the previous version, the 2019
version was based on WCAG 2.0 and covered a wider range of disabilities
including visual, auditory, physical, and cognitive impairments. The guidelines
included detailed information on various accessibility features such as keyboard
accessibility, colour contrast, and text resizing. It mandated that all new
47government websites should comply with the WCAG 2.0 Level AA
accessibility standards.
GIGW 3.0 – Released in March 2023, this is the most advanced version of
GIGW formulated jointly with Standardisation Testing and Quality Certification
(STQC), Directorate of the Ministry of Electronics and Information Technology
and Indian Computer Emergency Response Team (CERT-In). It is aimed at
improving the user interface and user experience of government websites. These
guidelines are especially designed to incorporate features like intuitive page
loading (using AI and analytics) based on user profile. It takes special
cognisance of mobile revolution and seeks to enhance accessibility and usability
of mobile apps developed by government agencies. The guidelines have been
designed keeping in mind the public digital infrastructure initiatives that will
enhance government’s delivery of services, benefits and information. It also
includes critical aspects such as API level integration with social media, India
Portal, DigiLocker, Aadhaar-based identity, single sign-on and data sharing on
open formats.
14.6 CASE LAWS
This court has delivered several judgments affirming and strengthening the
rights of Persons with disabilities particularly emphasizing the importance of
accessibility. Some of the notable decisions are as follows:
48
14.6.1 In Rajive Raturi v. Union of India & Others 13, this Court held that
accessibility is a fundamental right integral to the rights to life, dignity, and
freedom of movement under Article 21 of the Constitution. It further criticized
the non-mandatory nature of Rule 15 of the RPwD Rules, 2017, deeming it ultra
vires the parent Act. It ultimately, directed the Union Government to establish
enforceable accessibility standards across public infrastructure, digital
platforms, and services, reinforcing the state’s obligation to ensure inclusivity.
The relevant paragraphs are extracted below:
‘12. Accessibility refers to the design of products, services, environments, and
systems to ensure that all individuals, including those with disabilities, can
access, use, and benefit from them fully and independently. This encompasses
physical access, such as entry to buildings and transport, as well as access to
information, communication, and digital platforms. It is essential for promoting
inclusion and enabling participation in all aspects of public life.
13. The World Report on Disability published by the World Health Organization
and World Bank stresses that inaccessibility within the built environment,
transport systems, and communication channels severely limits the opportunities
for PWDs to live fully in society. This inaccessibility leads to exclusion from
education, employment, healthcare, and public services, effectively reinforcing
the social and economic marginalisation of PWDs. Moreover, the lack of
accessibility exacerbates inequalities, as it limits the ability of PWDs to engage in
community life, and often results in dependence on others, restricting their
autonomy and opportunities for self-determination. This, in turn, results in
broader societal costs, as PWDs are often prevented from contributing to the
workforce and society, thus perpetuating a cycle of poverty and isolation. 5
World Health Organization and World Bank, World Report on Disability (2011).
See Summary, pp. 10. The report provides the best available evidence about what
works to overcome barriers to health care, rehabilitation, education, employment,
and support services, and to create the environments which will enable people
with disabilities to flourish.
………
13
2024 INSC 858
49
15. Accessibility is woven throughout the United Nations Convention on the
Rights of Persons with Disabilities as a cross-cutting right, reinforcing its critical
role in achieving social inclusion. It is highlighted in paragraph (e) of the
Preamble, which calls for an environment that supports full personal
development and societal participation. Article 3 sets out accessibility as a
general principle, which highlights the necessity of removing both tangible and
intangible barriers to ensure that PWDs can fully exercise their rights. These
barriers can be physical, such as inaccessible buildings and transportation
systems, or intangible, such as discriminatory attitudes or inaccessible digital
content.…
16. …Article 9(1) mandates that States take proactive steps to ensure persons
with disabilities have equal access to public spaces, transportation, information,
communication systems, and services. This directive encompasses the
development, implementation, and monitoring of standards and guidelines that
promote access. Article 9(2)(a) elaborates on these obligations by detailing the
areas that require targeted action, such as ensuring that the design and
construction of buildings and public facilities adhere to universal design
principles. This commitment extends to digital spaces and information
technologies.
…….
Accessibility as a Human Right
19. The right to accessibility is not a new or separate human right, but rather an
integral part of existing human rights frameworks. Accessibility is embedded
within several international human rights treaties, reinforcing its foundational
role in ensuring equality and dignity for all individuals, including those with
disabilities. For example, access to the physical environment and public
transportation is essential for the realisation of freedom of movement, which is
guaranteed under Article 13 of the Universal Declaration of Human Rights and
Article 12 of the International Covenant on Civil and Political Rights…
Similarly, access to information and communication is crucial for exercising the
right to freedom of opinion and expression, as articulated in Article 19 of the
UDHR. These rights are foundational for enabling PWDs to live independently,
participate in society, and enjoy their rights on an equal basis with others.”
14.6.2 In Re: Recruitment of visually impaired in Judicial Services 14, this
Bench, after an extensive analysis of the issue concerning the recruitment of
14
2025 SCC OnLine SC 481
50
visually impaired persons as judges in the district judiciary, held that the RPwD
Act, 2016, possesses the sanctity of a super-statute, and consequently, any
denial of rights guaranteed under this legislation amounts to a violation of
fundamental rights enshrined in the constitution. The relevant paragraphs are
extracted below:
“35… the United Nations Convention on the Rights of Persons with Disabilities
was adopted in 2006 to which India is a signatory. Pursuant thereto, the RPwD
Act, 2016 came to be passed. While it is true that the RPwD Act, 2016 came to be
passed as part of fulfilment of India’s obligations under the treaty implementation
regime and was enacted by the Parliament under Article 253 of the Constitution,
the fact that ‘disability’ as a ground is not specifically stated under Article 15 of
the Constitution, would not mean that the same is not part of the constitutional
obligations of the State. The provisions under section 32 and section 34 of the
RPwD Act, 2016 would also be a clear indication that similar to the State’s
obligations to provide for special protection including in the form of reservation
for socially and educationally backward classes in educational institutions as well
as in employment as stated in Articles 15 and 16 of the Constitution, the State has
taken up the obligation of providing similar protection including reservation in
respect of PwD. In view of the same, it can now be said that it is high time that an
anti-discrimination clause be included in the Constitution with a specific provision
that the State shall not discriminate on the grounds of mental or physical disability
in line with the principles as stated in the RPwD Act, 2016. At this juncture, it is
relevant to point out that as many as 70 countries out of 189 contain ‘disability’ as
one of the grounds mentioned specifically in the constitutional provisions
containing the anti-discrimination clause.
36. In this context, it is also relevant to mention that the RPwD Act, 2016 today
has acquired the status of a ‘super statute’. The term ‘super statute’ was first
applied in 2001 by William N. Eskridge and John A. Ferejohn to characterise an
ordinary statute that not only reveals intention but also establishes a new
normative or institutional framework in the public culture and has a broad effect
on the law. As a result, such statutes have a quasi-constitutional significance that
exceed its former status as a statute. In the words of the authors, “these super-
statutes penetrate the public normative and institutional and institutional culture”.
Applying this test, it can safely be said that the RPwD Act, 2016 has acquired the
status equal to that of a ‘super-statute’ and hence, contains the ingredients of a
quasi-constitutional law.”
51
14.6.3 In Re: Distribution of Essential Supplies and Services During
Pandemic15, in the context of COVID-19 universal vaccination drive, this Court
recognized the critical importance of digital accessibility for persons with
disabilities. This court emphasized that digital platforms related to vaccination
and other essential services must be designed in a manner that is accessible to
all, ensuring that no individual is excluded due to disability. The relevant
paragraphs are extracted below:
“40. It has been brought to our notice that the CoWIN platform is not accessible
to persons with visual disabilities. The website suffers from certain accessibility
barriers which should be addressed. These include:
(i) Audio or text captcha is not available;
(ii) The seven filters, which inter alia, include age group, name of vaccine and
whether the vaccine is paid or free, are not designed accessibly. This issue can
be addressed by creation of a drop-down list;
(iii) While visually challenged persons can determine the number of available
vaccine slots, one cannot find out the day those slots correspond to. This can
be resolved by ensuring that table headers correspond to associated cells;
(iv) Keyboard support for navigating the website is absent;
(v) Adequate time should be given to disabled users to schedule their
appointment without the possibility of being automatically logged off; and
(vi) Accessibility protocols, such as use of appropriate colour contrasts, should
be adhered to.”14.6.4 This Court in Disabled Rights Group & Another v. Union of India &
Ors.16, emphasized the need for inclusive education and the removal of barriers
that hinder access and participation. The relevant paragraphs are extracted
below:
“14)…Section 40 mandates the Central Government to frame Rules and laying
down the standards of accessibility for physical environment, transportation
system, information & communication system and other facilities & services to15
Suo Motu Writ Petition (Civil) No.3 of 2021, dated 31.05.2021
16
(2018) 2 SCC 397
52be provided to the public in urban and rural areas. Rule 15 deals with
accessibility standards for public buildings, passenger bus transport and
information and communication technology. As regards public buildings, the
accessibility standards prescribed under the Harmonised Guidelines and Space
Standards for barrier-free built environment for persons with disabilities and
elderly persons issued by Ministry of Urban Development have been adopted.
This implies that all the public buildings are now required to conform to these
standards.
15) It hardly needs to be emphasised that Disabilities Act is premised on the
fundamental idea that society creates the barriers and oppressive structures
which impede the capacities of person with disabilities. Capability theorists like
Martha Nussbaum are of the opinion that there cannot be a different set of
capacities or a different threshold of capabilities for persons with disabilities.
This raises the critical issue of creating a level playing field whereby all citizens
to have equality of fair opportunities to enable them to realise their full
potential and experience well-being. To ensure the level playing field, it is not
only essential to give necessary education to the persons suffering from the
disability, it is also imperative to see that such education is imparted to them in
a fruitful manner. That can be achieved only if there is proper accessibility to
the buildings where the educational institution is housed as well as to other
facilities in the said building, namely, class rooms, library, bath rooms etc.
Without that physically handicapped persons would not be able to avail and
utilise the educational opportunity in full measure.
16) Various theories on different models of disability have emerged, namely, the
Social Model of Disability, the Medical Model of Disability, the Rights Base
Model of Disability, the Model of Ethical and Philosophical Status, the
Economic Model of Disability etc. It is not necessary to delve into these different
models of disabilities. However, for the purpose of the present case, some
comments are required on the Social Model of Disability. The Social Model of
Disability locates disability as being socially constructed through the creation
of artificial attitudinal, organisational and environmental barriers. Impairment
is regarded as being a normal part of the human condition, with everyone
experiencing impairment differently and having different access needs. Life is
accepted as including negative experiences, and impairment may be – but is not
necessarily – on of them. Disabled people are defined as being people who
experience the unnecessary barriers created by society within their daily life.
Social Model of disability has gained ground in the international debate. This
views disability as a social construct and emphasizes society’s shortcomings,
stigmatization and discrimination in its reaction to persons with disability. It
distinguishes between functional impairments (disability) both of a physical and
psychological nature, and the loss of equal participation in social processes that
only arises through interaction with the social setting (handicap). These
53
developments have contributed to a new (WHO) model, which bears in mind
social as well as functional and individual factors in its classification of health
and health-related areas. Keeping in view the above, proper facilities are need
to be provided to differently-abled persons while having higher education.
17) Insofar as the rights base approach is concerned, that has been narrated in
detail in Rajive Raturi’s judgment. We may add that a basic underline
assumption, which is well recognised, is that everyone can learn; there is no
such person as one who is ineducable; and that, accordingly, all disabled
persons (from whatever disability they are suffering) have right to get not only
minimum education but higher education as well. Not making adequate
provisions to facilitate proper education to such persons, therefore, would
amount to discrimination. Such requirement is to ensure that even a student with
disability, after proper education, will be able to lead an independent,
economically self-sufficient, productive and fully participatory life. This rights-
based approach is an inclusive approach which calls for the participation of all
groups of the population, including disadvantaged persons, in the development
process. Inclusive development builds on the idea of ‘Society for All’ in which
all people are equally free to develop their potential, contribute their skills and
abilities for the common good and to take up their entitlements to social
services. It emphasises strengthening the rights of the people with disabilities,
and foster their participation in all aspects of life. A disability is only actually a
disability when it prevents someone from doing what they want or need to do. A
lawyer can be just as effective in a wheelchair, as long as she has access to the
courtroom and the legal library, as well as to whatever other places and
material or equipment that are necessary for her to do her job well. A person
who can’t hear can be a master carpenter or the head of a chemistry lab, if he
can communicate with clients and assistants. A person with mental illness can
nonetheless be a brilliant scholar or theorist. The aforesaid discussion amply
justifies right of access to students with disabilities to educational institutions in
which they are admitted.”
Further, in the above case, Justice A.K. Sikri, speaking for the bench,
issued comprehensive directions to the Government to ensure accessibility
across all levels of educational infrastructure. This included not only physical
spaces – such as classrooms, libraries, hostels, and laboratories – but also the
pedagogy itself. This court emphasized that teaching methods and learning
materials must be adapted to be fully accessible to all persons with disabilities,
54
including those who are visually impaired and those with hearing impairments.
This aligns with the broader mandate of the RPwD Act, 2016, to foster an
inclusive and barrier free education system.
FINDINGS AND CONCLUSION
15. The overall analysis would clearly establish that KYC formalities are
needed to verify a customer’s identity, prevent fraud and money laundering, and
comply with legal regulations. Consequently, several sectors have currently
shifted their KYC formalities to digital means. Though digital KYC has
benefitted the general public by making verification processes faster and more
efficient, persons with blindness and low vision continue to face significant
barriers in accessing and completing these procedures. Many such digital
platforms are not compatible with screen readers, and crucial information is
often presented in visual formats without alternative text. CAPTCHA tests,
unlabeled form fields, and biometric verification methods such as facial
recognition further exclude individuals with visual impairments. Moreover,
those platforms often require fine motor control (e.g., precise selfie or signature
capture) which is not feasible for individuals with mobility impairments.
Additionally, interfaces are frequently overly complex and lack cognitive
accessibility, thereby posing significant challenges for users with intellectual or
learning disabilities. For instance, videos without captions prevent users from
accessing information. Given the troubling state of government-run websites, it
55
is easy to conjecture that the situation with private service providers is even
worse. 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. To combat this discrimination,
governments and private entities must ensure that digital services comply with
Web Content Accessibility Guidelines (WCAG) and other accessibility
standards. Further, legal frameworks should impose stringent requirements for
digital inclusion, ensuring that no individual is denied access to essential
services on the basis of disability. Thus, it is clear that as per international
standards and the RPwD Act, 2016, digital services are expected to be inclusive
and accessible to all users, regardless of ability.
16. 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
56
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.
17. At this juncture, we may also wish to observe that 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 – characterized 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. Similarly, individuals in remote or rural areas often face poor
57
connectivity, limited digital literacy, and a scarcity of content in regional
languages, effectively denying them meaningful access to e-governance and
welfare delivery systems. In such circumstances, 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.
DIRECTIVES
18. Thus, 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, we issue the following directions:
(i) 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
58responsible for digital accessibility compliance.
(ii) 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.
(iii) 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, for the purpose of conducting Digital KYC / e-KYC
beyond the traditional “blinking of eyes” to ensure inclusivity and
user-convenience.
(iv) 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, in accordance with the
provisions of the MD on KYC, 2016, wherein blinking of the eyes is not a
mandatory requirement.
(v) 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.
(vi) The respondent authorities should provide clear directions to all regulated
59entities to accept image of thumb impression during Digital KYC process.
(vii) 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.
(viii) 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.
(ix) The respondent authorities shall provide options for sign language
interpretation, closed captions, and audio descriptions for visually and hearing-
impaired users.
(x) 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.
(xi) 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.
(xii) The respondent authorities shall ensure that online services including
e-governance platforms, digital payment systems, and e-launching platforms,
60
are accessible to persons with disabilities, thereby fostering a barrier-free digital
environment.
(xiii) 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.
(xiv) 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).
(xv) The respondent authorities shall establish a dedicated grievance redressal
mechanism for persons with disabilities to report accessibility issues.
(xvi) 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.
(xvii) The respondent authorities shall establish dedicated helplines for persons
61
with disabilities, offering step-by-step assistance in completing the KYC
process through voice or video support.
(xviii) Respondent No. 2 / 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.
(xix) 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.
(xx) Respondent No. 2 / 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.
19. With the aforesaid directions, both the writ petitions stand
62
disposed of. No costs.
20. Connected Miscellaneous application(s), if any, shall stand disposed of.
…………………………J.
[J.B. Pardiwala]
…………………………J.
[R. Mahadevan]
NEW DELHI;
APRIL 30, 2025.
[ad_2]
Source link