She Could Not Blink For Bank KYC. How It Led To Landmark Top Court Verdict

The Supreme Court's landmark judgment, stressing that digital access is intrinsic to the right to life, follows a long legal battle led by an acid attack survivor whose inability to blink had become an obstacle in opening a bank account in her name.

In July 2023, acid attack survivor Pragya Prasun went to an ICICI bank branch to open a bank account. She could not complete the Digital KYC process as bank staff insisted that she must blink her eyes to fulfill the requirement of a "live photograph".

Owing to the injuries she had suffered in the acid attack, Pragya Prasun could not blink. She was told that the mandatory requirement of proving a customer's 'liveness' under the Reserve Bank of India-regulated KYC process can only be fulfilled when a customer blinks his/her eyes before the camera and this could be matched with the photograph.

Pragya Prasun later raised the issue on social media, triggering outrage. Later, a bank executive reached out to her and told her that they could make an exception for her. But for Pragya Prasun, this was not enough. She realised many like her continue to face similar problems and decided to approach the court.

Pragya Prasun faced the same problem while trying to purchase a SIM card. She was asked to blink and she could not. She eventually had to buy a SIM card in her spouse's name.

"Affronted by such indignity and humiliation, the Petitioner No. 1 took to social media and launched an online campaign titled, "#IWontBlink", to raise awareness about the non-inclusive policy mandating the Digital KYC/e-KYC process which fails to cater to the needs of the disabled, and the lack of implementation of the inclusive and disabled-friendly policy regarding offline/physical KYC process," the petition filed by her lawyer Nitin Saluja says.

Pragya Prasun's petition was clubbed with similar petitions by people struggling to clear KYC verification due to visual problems.

Nearly two years after Pragya Prasun's harrowing experience at the bank, the Supreme Court today ruled that digital access is a fundamental right and directed the Centre to ease the Know-Your-Customer (KYC) process for those with visual or facial impairment. The court noted that many welfare schemes of the government, including those linked to healthcare, now rely on digital infrastructure and this has made bridging the digital divide a must for ensuring a dignified life. 

"As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assistive technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy, and a scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems," the bench of Justice JB Pardiwala and Justice R Mahadevan said.

"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," the court said in its judgment.

The top court said all government portals, learning platforms, and financial technology services must be accessible to all.

Justice Mahadevan penned the order and his brother judge, Justice Pardiwala, complimented him, saying it is "brilliant".