E-Governance Platforms, Digital Payment Systems & Govt Websites Must Be Accessible To Persons With Disabilities : Supreme Court

In a landmark judgment, the Supreme Court on Wednesday (April 30) declared that right to digital access is a part of right to life under Article 21 of the Constitution of India, and issued a set of directions to ensure that e-KYC process is accessible to persons with face disfigurment (due to acid attacks, accidents etc.) and visaul impairment.

The Court also directed that it is mandatory for all Government websites to adhere to Section 46 of the Rights of Persons with Disabilities Act, 2016, which requires both electronic and print media to be accessible to persons with disabilities. All online services including e-governance platforms, digital payment systems, and e-launching platforms, must be accessible to persons with disabilities

As per the Prevention of Money Laundering (Maintenance of Records) Rules, Banking Companies and Financial Institutions, called Reporting Entities, are mandated to verify the identity of their clients, maintain records and furnish information in the prescribed format to the Financial Intelligence Unit India. They have developed a digital Know Your Customer (KYC) process, as per the guidelines of the Reserve Bank of India, to capture the identity details of the customers.

Acknowledging the difficulties faced by persons with disabilities in participating in the eKYC process, the Supreme Court issued the directions.

A bench of Justice J.B. Pardiwala and Justice R. Mahadevan pronounced the judgment in two writ petitions seeking directions or guidelines for persons with blindness/low vision and acid attack survivors, respectively, to conduct digital KYC/e-KYC/video KYC.

It has directed the Reserve Bank of India (RBI) to issue guidelines to incorporate alternative modes for verifying the “liveness” or capturing a “live photograph” of the customers beyond the traditional “blinking of eyes” to ensure inclusivity and user convenience. This was one of the arguments, particularly raised in the first petition by the victims of acid attacks.

The Court has also directed authorities to accept the image of thumb impression during Digital KYC process, an argument raised in the second petition for persons with blindness and low vision.

The following directions have been issued by the Court:

(1) The respondent authorities/Ministries shall direct all Reporting Entities (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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) The respondent authorities should provide clear directions to all regulated entities to accept image of thumb impression during Digital KYC process.

(7) 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.

(8) 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.

(9) The respondent authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearing gimpaired users.

(10)  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.

(11) 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.

(12) 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.

(13) 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.

(14) 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).

(15) The respondent authorities shall establish a dedicated grievance redressal mechanism for persons with disabilities to report accessibility issues.

(16) 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.

(17) The respondent authorities shall establish dedicated helplines for persons with disabilities, offering step-by-step assistance in completing the KYC process through voice or video support.

(18) 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.

(19) 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.

(20) 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.