Context:
In a landmark ruling, the Supreme Court of India, in the case Amar Jain v. Union of India & Ors (2025), has declared that inclusive access to digital governance and welfare systems is an essential component of the fundamental right to life and liberty under Article 21 of the Constitution.
- The apex court directed substantial reforms in the digital Know Your Customer (KYC) process to ensure accessibility for persons with disabilities (PwDs), including those with vision impairments and facial disfigurements.
- The case was initiated through public interest petitions filed by individuals who faced systemic barriers in completing mandatory digital KYC procedures due to their disabilities.
About Supreme Court Ruling:
1. Revising Digital KYC for Inclusivity: The Court instructed the Reserve Bank of India (RBI) and regulated entities to revise digital KYC protocols to comply with the Rights of Persons with Disabilities (RPwD) Act, 2016. Specific instructions were issued to:
- Involve visually impaired individuals during the design and testing of KYC platforms.
- Avoid sole reliance on facial recognition, which disadvantages users with facial disfigurements.
- Ensure public and private sector entities adopt inclusive KYC mechanisms.
2. Institutional Framework for Compliance: To ensure long-term impact, the SC ordered the appointment of nodal officers across departments, mandated periodic accessibility audits, and required that digital platforms be co-designed with inputs from disabled users.
3. Addressing the Wider Digital Divide: The Court also acknowledged the structural digital exclusion faced by rural residents, elderly citizens, and the economically weaker sections. It reaffirmed that under Articles 14, 15, 21, and 38, digital access is not a luxury, but a constitutional obligation necessary for dignified and equal participation in society.
Key judgement related to Digital Rights:
- Faheema Shirin RK v. State of Kerala (2019): Recognized internet access as intrinsic to the right to life and education.
- Anuradha Bhasin v. Union of India (2020): Affirmed that internet-based freedoms under Article 19 must not be arbitrarily restricted.
· Enhances access to government welfare schemes and subsidies
· Bridges the rural–urban digital divide
· Facilitates online education and skilling for marginalized communities
· Promotes financial inclusion via digital banking and fintech platforms
· Enables full participation of persons with disabilities in the development process
About KYC:
KYC (Know Your Customer) is a mandatory process used by banks, financial institutions, and other service providers to verify the identity of their customers before allowing them to open accounts or invest in financial products.
Digital KYC is the process of verifying a customer's identity through electronic methods such as:
- Uploading scanned identity/address proof
- Biometric authentication (like fingerprint or facial recognition)
- Aadhaar e-authentication or OTP-based verification
Conclusion:
The Supreme Court’s judgment in Amar Jain v. Union of India reaffirms that digital inclusion is not merely a policy matter but a constitutional imperative. To fulfill its commitments under the UN Convention on the Rights of Persons with Disabilities (CRPD), India must move from symbolic inclusivity to systemic reform, ensuring that technology empowers every citizen, regardless of ability.
