How Acid Attack Survivor's KYC Struggle Led To Top Court's Landmark Verdict

NDTV

30-04-2025

New Delhi:
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.
"Right to digital access is an intrinsic component of right to life under Article 21," the court said. "We have held there is need for change in KYC processes for the disabled. We have given 20 directions. The petitioners who suffer from acid attacks and blindness have been unable to complete KYC process... due to facial disfigurements. Constitutional provisions confer a statutory right on the petitioners to be accommodated in the KYC process. It is imperative that digital KYC guidelines are revised with the accessibility code. In the contemporary era, where economic opportunities etc. is through digital (access) Article 21 needs to be re-interpreted in light of such technology and the digital divide increases," the court said.
"The digital divide, characterised by unequal access to digital infrastructure, skills and content, continues to perpetuate systematic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities and linguistic minorities," the bench of Justice JB Pardiwala and Justice R Mahadevan said.
The Supreme Court stressed that it was the obligation of the State to design an inclusive digital ecosystem that is accessible to all, including those from marginalised and vulnerable sections.
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. The top court said all government portals, learning platforms, and financial technology services must be accessible to all.