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TMI Blog2025 (5) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... inalised 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, 2016 For short, "the RPwD Act, 2016", Rights of Persons with Disabilities Rules, 2017 For short, "the RPwD Rules, 2017", and Article 21 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 institutions, 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 individuals 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 public and private establishments conducting the Digital KYC / e-KYC to actively assist acid attack survivors with permanent eye-disfigurement and similarly placed individuals in availing their banking, telecommunication and other financial services." W.P (C) No.49 of 2025 "(i) To direct the Central Government, Reserve Bank of India, Securities and Exchange Board of India, Pension Fund Regulatory and Development Authority, Insurance Regulatory and Development Authority of India, Department of Telecommunications, Telecom Regulatory Authority of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accessing government schemes. These difficulties arise primarily because digital KYC / e-KYC / video KYC Hereinafter shortly referred to as "digital KYC" 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. 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 Tec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 SCC 397, 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 Money Laundering Act, 2002 For short, "the PMLA". The PMLA and its Rules, more specifically Prevent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt 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 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tograph 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), shall 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 'Ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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. (b) In terms of paragraph 16 of the MD on KYC, when a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 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). 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 thro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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., pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 displayin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bling 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, 2013 For short, "the PFRDA Act" to regulate, promote and ensure orderly growth of the National Pension System For short, "the NPS" 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: Mobile Application based VCIP (a) Points of Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmediaries 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. (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 applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 emergen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cognizes 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: "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 equall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (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 perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartments 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essibility 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: 14.6.1 In Rajive Raturi v. Union of India & Others 2024 INSC 858, 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 oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 superstatutes 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." 14.6.3 In Re: Distribution of Essential Supplies and Services During Pandemic Suo Motu Writ Petition (Civil) No.3 of 2021, dated 31.05.2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 educa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch 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 rightsbased 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork, 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, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 responsible for digital accessibility compliance. (ii) All regulated entities must mandatorily undergo periodical accessibility audit by certified accessibility professionals and involve pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds 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, 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 mech ..... X X X X Extracts X X X X X X X X Extracts X X X X
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