Supreme Court issues directions for digital KYC of persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments.
In a recent judgment, Hon’ble Supreme Court issued directions to make the process of digital KYC accessible to persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments.
ABCAUS Case Law Citation:
4540 (2025) (04) abcaus.in SC
In the instant case, the Writ Petitioners had sought directions from the Hon’ble Supreme Court to respondents (RBI, TRAI, DoT, SEBI, PFRDA, IRDAI, Union Govt.) and Union Government to formulate appropriate rules and guidelines for conducting Digital KYC/ e-KYC / Video KYC process through alternative methods, with a view to ensuring that the process is more inclusive and accessible to all persons with disabilities-particularly acid attack survivors suffering from permanent facial/eye disfigurement and similarly placed individuals, including persons with blindness and low vision – in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Rules, 2017, and Article 21 of the Constitution of India.
It was submitted that persons who are acid attack survivors, have experienced difficulties in completing the digital KYC / e-KYC process due to their inability to click a “live photograph” by blinking, which has prevented them from opening a bank account and purchasing a SIM card from the telecom providers.
It was also the grievance of the petitioners who were suffering from 100% blindness, that due to his disability, they faces daily challenges in establishing account-based relationships, conducting transactions, availing services and verifying his identity – whether as a customer or as a citizen accessing government schemes.
It was submitted that these difficulties arise primarily because digital KYC / e-KYC / video KYC3 norms are not designed keeping in view the accessibility needs of persons with disabilities. Thus, the digital KYC process that excludes persons with disabilities is a violation of the fundamental rights enshrined under Article 21 of the Constitution of India.
It was submitted that in terms of RBI Master Direction, 2016, the digital KYC process has been made mandatory. Following this, all major sectors – including banking institutions, telecommunication companies, etc., require KYC as a mandatory part of their registration processes. Accordingly, digital KYC has now become indispensable for accessing essential services, such as opening a bank account, demat and trading accounts, SIM cards, pension accounts, insurance policies; any type of financial investment, such as mutual funds, etc., obtaining Director Identification Number from Ministry of Corporate Affairs, buying a FASTag device for National Electronic Toll Collection, obtaining a digital signature under the Information Technology Act, 2000, for income tax return filing or for government tendering, and for high value immovable property transactions involving buying, selling or renting. It is also required for accessing government benefits such as national scholarships, annual life certificates for pensioners, direct benefit transfers using Aadhaar, etc. However, these processes are not fully accessible to persons with disabilities, particularly individuals with facial disfigurements and visual impairments.
It was submitted that during the online KYC process, the methods used to identify a customer include, clicking a selfie, face recognition, signing on paper or a screen, OTP verification, random question and response. These methods are not accessible to persons with blindness, making it impossible for them to complete the formalities independently without physical assistance.
The Hon’ble Supreme Court observed that KYC formalities are needed to verify a customer’s identity, prevent fraud and money laundering, and comply with legal regulations. Consequently, several sectors have currently shifted their KYC formalities to digital means. Though digital KYC has benefitted the general public by making verification processes faster and more efficient, persons with blindness and low vision continue to face significant barriers in accessing and completing these procedures. Many such digital platforms are not compatible with screen readers, and crucial information is often presented in visual formats without alternative text. CAPTCHA tests, unlabeled form fields, and biometric verification methods such as facial recognition further exclude individuals with visual impairments. Moreover, those platforms often require fine motor control (e.g., precise selfie or signature capture) which is not feasible for individuals with mobility impairments. Additionally, interfaces are frequently overly complex and lack cognitive accessibility, thereby posing significant challenges for users with intellectual or learning disabilities.
The Hon’ble Supreme Court further observed that such barriers significantly hinder the ability of persons with disabilities to work, learn, and engage with society, thereby violating their right to equal opportunity and full participation as guaranteed under the UNCRPD and national disability laws. These barriers collectively amount to a denial of equal access and violate the accessibility mandates under the RPwD Act, 2016 and results in economic and social marginalization.
The Hon’ble Supreme Court observed that to combat this discrimination, governments and private entities must ensure that digital services comply with Web Content Accessibility Guidelines (WCAG) and other accessibility standards. Further, legal frameworks should impose stringent requirements for digital inclusion, ensuring that no individual is denied access to essential services on the basis of disability. As per international standards and the RPwD Act, 2016, digital services are expected to be inclusive and accessible to all users, regardless of ability.
The Hon’ble Supreme Court noted that admittedly, the petitioners who sufferred from facial and eye disfigurements due to acid attacks and from visual impairment, have highlighted their inability to complete KYC processes, which require them to perform visual tasks such as blinking, moving the head, or positioning their face within specified frames — tasks, which they are unable to accomplish due to their visual impairments and facial disfigurements. As a result, they encounter delays or are entirely unable to establish their identity, open bank accounts, or access essential services and government schemes.
The Hon’ble Supreme Court stated that the digital divide – characterized by unequal access to digital infrastructure, skills, and content – continues to perpetuate systemic exclusion, not only of persons with disabilities, but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities.
The Hon’ble Supreme Court stated that in such circumstances, the State’s obligations under Article 21– read in conjunction with Articles 14,15 and 38 of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs of all vulnerable and marginalized populations. Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life. The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, those who have been historically excluded.
In order to make the process of digital KYC accessible to persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments, the following directions were issued by the Hon’ble Supreme Court :
(i) The respondent authorities/Ministries shall direct all 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) The respondent authorities should provide clear directions to all regulated entities to accept image of thumb impression during Digital KYC process.
(vii) 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.
(viii) 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.
(ix) The respondent authorities shall provide options for sign language interpretation, closed captions, and audio descriptions for visually and hearing impaired users.
(x) 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.
(xi) 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.
(xii) 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.
(xiii) 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.
(xiv) 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). (xv) The respondent authorities shall establish a dedicated grievance redressal mechanism for persons with disabilities to report accessibility issues.
(xvi) 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.
(xvii) 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.
(xviii) 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.
(xix) 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.
(xx) 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.
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