Bench: Justice J.B. Pardiwala and Justice R. Mahadevan
Published on: May 1, 2025
By: Disability Rights India Team
Brief
In a historic and far-reaching judgment delivered on April 30, 2025, the Supreme Court of India declared that the right to digital access is an integral part of the right to life under Article 21 of the Constitution. This precedent-setting decision is a major milestone in the struggle for disability rights in India, specifically addressing the systemic digital exclusion faced by persons with disabilities (PwDs), especially those with visual impairments and facial disfigurements.
The judgment was delivered in two writ petitions:
Pragya Prasun v. Union of India, W.P.(C) No. 289/2024 and Amar Jain v. Union of India & Ors., W.P.(C) No. 49/2025 —filed by advocates and disability rights activists seeking digital accessibility in the e-KYC process for individuals with blindness and acid attack survivors.
Key Directions Issued by the Court
A two-judge bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan issued 20 binding directions that mark a significant overhaul of the digital architecture for service delivery, with inclusivity and accessibility at the center.
Here are some of the landmark directives:
Digital KYC Must Be Inclusive
- The Reserve Bank of India (RBI) must issue new guidelines that incorporate alternative methods to verify "liveness" or live photographs, moving beyond the default “blinking of eyes” method.
- Entities must now accept thumb impressions as valid authentication for visually impaired users during the e-KYC process.
Right to Reasonable Accommodation
- All reporting entities (REs), whether public or private, are directed to adhere to accessibility standards, appoint digital accessibility nodal officers, and undergo periodic audits by certified professionals.
- All apps, websites, and platforms must involve persons with visual impairments in user acceptance testing for any new digital service.
Mandatory Accessibility for Government and Private Services
- All government websites and digital services must comply with Section 46 of the Rights of Persons with Disabilities (RPwD) Act, 2016, which mandates both electronic and print media be accessible.
- WCAG 2.1 and Guidelines for Indian Government Websites (GIGW) are now mandatory for all government platforms.
Communication and Service Delivery
- Public services must provide information in alternative formats—including Braille, easy-to-read formats, and audio-described content.
- Helplines, grievance redressal mechanisms, and human review of rejected KYC applications must be set up for PwDs.
Sensitization and Training
- Disability awareness and inclusion modules must be part of training for employees of all regulated entities.
- RBI is directed to monitor implementation and regularly conduct public awareness campaigns about inclusive KYC processes.
A Game-Changer for Digital Equality
This judgment unequivocally affirms that access to digital services is no longer a privilege—but a constitutional right, especially for persons with disabilities who have been persistently sidelined in India’s digital revolution. The Court has not only addressed the how (mechanisms and guidelines) but also the why—the deep need to treat persons with disabilities as equal citizens entitled to dignity, convenience, and autonomy.
This move will have far-reaching consequences across all sectors—from banking and governance to education and healthcare. It is a wake-up call to both government and private entities that accessibility is not an afterthought—it is a non-negotiable obligation under the law.
Next Steps and Accountability
As disability rights advocates, it is now essential to monitor the implementation of these directions and hold entities accountable. Civil society must collaborate with regulators, tech developers, and service providers to translate these orders into practice on the ground.
The judgment reinforces the principles of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and aligns with the Accessible India Campaign. It is now up to us—activists, organizations, and allies—to ensure that these rights are not just declared but delivered.