Digital Access is a fundamental right protected by the Constitution and the state should ensure digital access to all, including the scholars of rural areas and society, the Supreme Court today ruled.
A bench of Justice JB Pardwala and Justice R Mahadan passed a landmark decision on two public interest cases, including an acid attack survever he cited the problems faced by his customer (KYC) process in a bank.
Reducing digital division, the court said, “It is no longer a matter of policy discretion, but has become a constitutional imperative to secure the life of dignity.”
The court said, “The right to digital access emerges as a separate component of life and the right to freedom, it is necessary that the state implements continuous design and an inclusive digital ecosystem, not only to gain privileges but also for the margins that are being historically excluded,” the court said.
The court said that access to essential services such as healthcare is now mediated through digital platforms on a large scale. Therefore, the right to life under Article 21 should be explained in the light of technical realities, it said. The court has issued 20 directions to the state to make the KYC process more inclusive and emphasized that it was “mandatory” that the guidelines had been revised.
One of one of the pills before the court related to an acid attack surveir, which faced severe eye disintegration and facial damage. In July 2023, he contacted an account with an account. She could not complete the Digital KYC process, during which the bank said that she needs to catch a live photograph in which she takes a nap.
The petition stated that it is a mandatory requirement to prove that a customer is alive under the RBI-regulated process, can only be completed when he takes a nap before the camera. The bank later created an exception to the petitioner after a ruckus on social media. Petitioner Pragya Prasun said that many acid attacks survived as if his faces are left on similar issues and how such people can get through KYC process, demanding direction to the Center for issuing new guidelines on this.
“We have held that the KYC processes need a change in the KYC processes. We have given 20 directions. Petitioners who are suffering from acid attacks and blindness have been unable to complete the KYC process … due to facial disintegration. Economic opportunities etc. are through digital (access), Article 21 needs to be re -explained and said that the court needed to re -interpret such technology.
Justice Mahadevan ordered and his brother Judge, Justice Pardwala appreciated him, saying that it is “fantastic”.
