The Supreme Court passed a groundbreaking judgement striking down discriminatory barriers that have long excluded persons with disabilities – especially acid attack survivors and individuals with visual impairments, in a case filed by iProbono India.
Under the current system, many individuals with facial disabilities or disfigurements encounter significant obstacles when trying to open bank accounts, obtain SIM cards, or access other essential services. In a significant step toward digital inclusion, the Court directed relevant authorities to revise existing Know Your Customer (KYC) guidelines, which had relied solely on biometric methods like eye blinking for live photo verification.
The judgement directs RBI to issue guidelines to all regulated entities to adopt inclusive digital KYC methods which go beyond blinking-based liveness detection.
This judgement marks a major step in recognising digital accessibility as a fundamental right, grounded in the right to life and dignity. The Supreme Court’s ruling sets the foundation for a more inclusive digital infrastructure that serves, rather than excludes, the most marginalised.
This historic judgement redefines Article 21 of the Constitution in the context of a digital era, stating:
“Bridging the digital divide is no longer 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 instinctive component of the right to life and liberty.”
This verdict comes in response to a writ petition filed in 2024 on behalf of nine acid attack survivors, who were denied access to essential services such as opening bank accounts and obtaining SIM cards because they could not pass the mandatory “liveness test” – a conventional biometric verification method requiring a person to blink for live photo authentication. For persons with grievous eye burns or severe facial disfigurement, blinking is impossible, effectively excluding them from full participation in the digital economy.
Pragya Prasun, the main petitioner in the case, is the founder of Atijeevan Foundation, which supports acid attack and burn survivors. Today’s Supreme Court verdict holds deep personal meaning for her – it was exactly 19 years since she survived a horrific acid attack.
“I’m so happy and grateful, but there’s still a long way to go. Implementation is most important,” she said, “I want this day to be remembered for my survival. This judgement gives me hope.”
Pragya sees this legal victory as a turning point in a long journey toward justice.
“This verdict is not just a legal win – it’s a constitutional milestone,” said Nimisha Menon at iProbono India. “We are proud to have stood alongside these brave survivors and to be part of this fight for justice and dignity.”
“This judgment is a powerful affirmation that digital accessibility is a fundamental right under Article 21, and must evolve with technological realities. For acid attack survivors and persons with disabilities, this isn’t just about access to services — it’s about the right to live with dignity, autonomy, and equality,” said Yamina Rizvi, one of iProbono India’s lawyers on the case. iProbono India’s Commitment to Disability and Inclusion
The case was argued before the Supreme Court by Senior Advocate Sidharth Luthra, with a team of lawyers from iProbono India, including Nimisha Menon, Yamina Rizvi, and panel advocate Nitin Saluja.
A three-judge bench led by the then Chief Justice of India, Justice D.Y. Chandrachud, swiftly took cognizance of the urgency and sensitivity of the issue, issuing notices to all relevant authorities. The final arguments were heard by Justice J.B. Pardiwala and Justice R. Mahadevan, who acknowledged the systemic discrimination faced by the petitioners under current norms and delivered the final ruling.
Key Directives Issued by the Supreme Court
- A total of 20 directions* have been issued to stakeholders to revise current KYC processes and eliminate discriminatory practices. All of the guidelines proposed by iProbono India were adopted along with other court-directed guidelines.
- All respondents have been instructed to create inclusive digital systems that provide accessible alternatives to standard biometric authentication methods.
- The respondents including the Union of India, Reserve Bank of India, Ministry of Electronics and Information Technology (MeitY), Telecom Regulatory Authority of India, Department of Telecommunications, Ministry of Finance, and the Securities and Exchange Board of India have been directed to revise their verification protocols to ensure greater accessibility and inclusion.
iProbono India is committed to advocating for the rights of persons with disabilities, ensuring they are never left behind in India’s digital future.
*The Court has issued 20 specific guidelines to stakeholders to revise existing KYC processes and eliminate discriminatory practices, ensuring greater accessibility and inclusion:
- Accessibility Standards: All government and private regulated entities (REs) shall follow prescribed digital accessibility standards; each department must appoint a nodal officer for compliance.
- Audits & Inclusive Testing: All Regulated Entities (REs) shall undergo periodic accessibility audits; persons with visual impairment must be involved in user acceptance testing.
- Alternative KYC Methods: RBI shall issue guidelines to all REs to adopt and incorporate inclusive digital KYC methods to verify “liveness” or capturing a “live photograph”, beyond blinking-based liveness detection.
- Video KYC Flexibility: RBI shall clarify that blinking is not mandatory in procedures under KYC norms.
- Disability Data in KYC: KYC forms must capture disability details to enable reasonable accommodations.
- Thumb Impressions: REs must accept thumb impressions during digital KYC.
- Enhance OTP-based KYC: RBI must promote face-to-face OTP-based e-KYC.
- Paper KYC Option: Paper-based KYC must remain available as an accessible alternative.
- Accessible Communication: Sign language, closed captions, audio descriptions, 10. Braille and voice formats must be offered for all public communications and services.
- ICT Compliance: All ICT products must comply with Bureau of Indian Standards accessibility standards.
- Inclusive Digital Services: E-governance, digital payments, and platforms must be accessible to persons with disabilities.
- Website Standards: All government digital platforms must comply with Web Content Accessibility Guidelines, Guidelines for Indian Government Websites (GIGW), and Section 46 RPwD Act standards.
- CKYC Sharing: All authorities shall set up a mechanism to allow authorised sharing of KYC data across entities via CKYCR.
- Grievance Redressal: A dedicated system for disability-related accessibility issues must be created.
- Human Review of Rejections: KYC rejections due to accessibility issues must be reviewed and overridden by a designated human officer.
- Disability Helplines: Dedicated voice/video helplines must guide users through the KYC process.
- Awareness Campaigns: RBI must run public campaigns to promote alternative KYC methods.
- Staff Training: Disability awareness must be part of staff training in REs.
- Monitoring by RBI: RBI must ensure compliance with these directions and related regulations
For Media Inquiries, please contact:
Zaina Sayeda; Communications Officer, iProbono: zaina.sayeda@i-probono.com; +91-9335233889
