Does Article 21 guarantee digital access?

• The Supreme Court has directed revisions to Know-Your-Customer (KYC) digital norms to ensure accessibility for ‘persons with disabilities’ (PwD).

• The Constitution and the Rights of Persons with Disabilities (RPwD) Act, 2016 are enacted to protect PwDs’ rights.

• Section 42 of the RPwD Act, 2016 mandates government measures to ensure all audio, print, and electronic media are accessible.

• The Prevention of Money-laundering Act, 2002 and its 2005 Rules mandate banks and financial institutions to verify client identities, maintain comprehensive records, and report relevant information to the Financial Intelligence Unit.

• The RBI’s 2016 Master Direction on Know Your Customer (KYC) rules prescribe a Customer Due Diligence (CDD) framework and introduces Video-based Customer Identification Process (V-CIP), enabling remote customer verification through secure, real-time video interaction.

• The SC has consistently held that accessibility for PwDs is a ‘constitutional imperative’.

• Currently, each’regulated entity’ has to devise its own tests, and most KYC apps and websites fail to meet the 2021 and 2022 Information and Communication Technology (ICT) Accessibility Standards.

• The SC has ruled that ‘accessibility’ is central to the right to life, dignity, and freedom of movement under Article 21.

• The court has mandated the state to ensure that all digital infrastructure is accessible, especially for marginalised communities.