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New Indian Express
6 days ago
- Politics
- New Indian Express
Bridging the digital gap: Supreme Court's vision for an accessible India
Is the all-encompassing onslaught of technology creating a huge social divide that ignores large sections of the population, especially persons with disabilities (PwDs), acid attack survivors, visually impaired and rural poor? It seems so as the Supreme Court in a far-reaching order on April 30 said that the right to digital access is a fundamental right and that the right to life under Article 21 should be reinterpreted from a technological viewpoint. In an age where digitisation drives governance, service delivery, and economic transactions, the promise of digital India can only be fulfilled if access is inclusive. While digital tools have streamlined identification, verification, and access to essential services, they have simultaneously left out large sections of the population—especially persons with disabilities (PwDs), including acid attack survivors and the visually impaired—who face systemic barriers in using these platforms. A bench of Justices J B Pardiwala and R Mahadevan were hearing a batch of writ petitions challenging the inaccessibility of digital KYC and e-KYC processes and seeking redress under the Rights of Persons with Disabilities (RPwD) Act, 2016, and Article 21 of the Constitution. The petitioners had sought alternative KYC mechanisms that uphold their right to dignity and inclusion. Citing its 2024 verdict in Rajive Raturi vs Union of India, the Supreme Court reiterated that lack of digital accessibility violates Article 21, and ruled that accessibility is a constitutional imperative. The court concluded that bridging the digital divide is a Constitutional imperative, not a policy choice. Seeking a ray of hope The petitioners' grievances centred on the fact that the current KYC verification processes — including live photo capture, facial recognition, and blinking detection — are not designed keeping in mind the disabled. They argued that these methods are exclusionary and violate their right to equal access. Specific directions sought included issuing alternative methods for completing digital KYC, such as using voice recognition or facial feature movements in place of eye-blinking; amending the Reserve Bank of India's KYC Master Directions to reflect inclusive practices for acid attack survivors and the visually impaired; allowing physical KYC or alternative verification for those unable to fulfill visual prompts; sensitising public and private establishments to accommodate persons with disabilities and ensuring accessibility audits and user testing with visually impaired individuals before launching digital platforms. The exclusion of persons with disabilities and marginalised groups has had real-world consequences: petitioners were unable to open bank accounts or procure SIM cards because they couldn't blink to complete facial verification protocols. For those with 100% blindness, such hurdles extend to nearly every digital touchpoint — banking, government schemes, telecom services—thereby obstructing their participation in everyday life. Systemic barriers in current KYC methods The RBI's 2016 Master Direction on KYC, now adopted across banking, finance, telecom, and even governmental schemes, has made digital verification processes indispensable. However, the following methods mandated or commonly used in e-KYC—clicking selfies, signing on screens, OTP verification, reading on-screen prompts, and document scanning — pose substantial hurdles to persons with visual or motor impairments. Face recognition tools lack screen reader compatibility or voice instructions. Signature capturing often requires precise motor control. CAPTCHAs and visual cues, such as blinking or aligning one's face, are impossible for many. The result: people with disabilities often depend on a third person to complete processes, which undermines their autonomy and violates their rights to dignity and privacy. The petitioners argued that under Section 12 of the RPwD Act, public and private players are obligated to provide 'reasonable accommodation' to ensure full participation of disabled persons in all spheres of life. Precedents such as Vikash Kumar v. UPSC, Rajive Raturi v. Union of India, and Disabled Rights Group v. UoI have affirmed the state's duty to facilitate full integration and economic empowerment of PwDs. Digital accessibility in detail The issue of digital accessibility has come to the forefront through several cases, including those of acid attack victims and individuals with visual impairments. These individuals face significant barriers in completing digital KYC processes, which are mandatory for accessing essential services like banking, telecommunications, and government schemes. The digital KYC process, as it stands, excludes persons with disabilities, violating their fundamental rights under Article 21 of the Constitution of India. The process requires tasks like clicking selfies, face recognition, and signing documents, which are not accessible to individuals with visual impairments or facial disfigurements. For instance, acid attack victims with permanent eye disfigurement struggle to complete the KYC process due to the requirement of blinking or capturing a live photograph. Similarly, individuals with visual impairments face difficulties in accessing digital platforms, navigating through complex interfaces, and completing tasks independently. Legal and Constitutional context As per the Supreme Court's observations, KYC processes are vital for verifying identities, preventing fraud, and fulfilling obligations under the Prevention of Money Laundering Act (PMLA). However, if such procedures are inherently exclusionary, they undermine the constitutional guarantee of the right to life and dignity under Article 21. The court noted that current digital ecosystems — both public and private — often ignore the tenets of universal design and accessibility. Government websites are frequently incompatible with assistive technologies, and many digital services fail to meet Web Content Accessibility Guidelines (WCAG). These oversights violate the RPwD Act, 2016, and the principles enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. Top court shows the way ahead Compliance with accessibility standards: All public and private entities must follow prescribed accessibility norms. Each department must appoint a nodal officer to ensure digital accessibility. Regular accessibility audits: These must be conducted by certified professionals, with the inclusion of persons with visual disabilities during testing phases. Alternative verification methods: The RBI must revise its KYC Master Directions to allow non-visual cues—like voice, facial movements, or other biometric alternatives—to confirm identity and liveness. Customer Due Diligence guidance: The RBI must issue further clarifications mandating regulated entities to offer inclusive processes for verifying customer identities. Inclusive digital transformation The verdict has far-reaching implications beyond just banking or telecom sectors. As the state and private sectors increasingly rely on digital mechanisms for delivering services, they must internalise inclusivity as a design principle rather than an afterthought. Digital exclusion is not merely a matter of inconvenience—it is a denial of basic human rights. Going forward, accessibility must not be siloed as a 'disability issue' but embraced as a mainstream concern. Only then can the true vision of Digital India—where no one is left behind—be realised.


Mint
23-05-2025
- Politics
- Mint
Govt reserves 4% central housing quota for employees with disabilities
The Centre has introduced a 4% reservation in the allotment of General Pool Residential Accommodation (GPRA) for its employees with benchmark disabilities. The new policy, announced by the ministry of housing and urban affairs, aims to ensure greater accessibility and equal opportunity in government housing. The directive, issued under the provisions of the Rights of Persons with Disabilities (RPWD) Act, 2016, states that all central government employees with benchmark disabilities—defined in Section 34 of the Act—will be eligible for priority allotment of GPRA, according to a statement. These include individuals with conditions such as blindness, low vision, hearing impairments, locomotor disabilities, cerebral palsy, leprosy cured, dwarfism, acid attack injuries, and muscular dystrophy. The central government provides about 109,474 residential units under the GPRA scheme across 347 colonies in 61 cities throughout India, shows government data. So, under the new policy, about 4,379 government residential units across the country will be reserved for eligible government employees with benchmark disabilities. Under the revised policy, eligible employees will receive priority in both initial allotments and requests for change of accommodation over the general unified waiting list, the statement said. The benchmark disability is determined as per Section 2(r) of the RPWD Act, which defines a person with at least 40% of a specified disability, either measurable or otherwise, certified by the competent authority. Describing the initiative as a landmark step towards inclusive governance, Minister of housing and urban affairs Manohar Lala Khattar said the measure reflects the government's commitment to equal opportunity for all, aligning with the broader vision of sabka saath, sabka vikas. The decision is also part of the Sugamya Bharat Abhiyan, which seeks to build a more accessible and barrier-free environment for persons with disabilities. 'The allotments will be processed through the government's automated system of allotment (ASA), and eligible applicants must place their bids every month on the eSampada website under the newly introduced Persons with Disabilities (PwD) category,' said Ravi Arora, joint secretary, housing ministry. 'A Unique Disability ID (UDID) card, issued by the government, will serve as valid proof of eligibility. Applicants are required to upload the UDID card to their profile on the eSampada portal, which will be verified by their respective ministries or departments before the application is forwarded to the Directorate of Estates,' said Arora.


India Gazette
22-05-2025
- Business
- India Gazette
Government mandates 4% housing reservation for people with disabilities
New Delhi [India], May 22 (ANI): Union Minister Manohar Lal on Thursday took a milestone decision to provide a reservation of 4% in the allotment of central government housing for the person with disabilities. The decision was taken with an aim to reaffirm the commitment to equal opportunities for all citizens under the Sugamya Bharat Abhiyan, the Ministry of Housing & Urban Affairs said in a release. 'In alignment with the Rights of Persons with Disabilities (RPwD) Act, 2016, the Directorate of Estates has issued an Office Memorandum to ensure fair access to central government residential accommodations for persons with disabilities,' the release added. According to the ministry, this initiative is a reflection of 'the government's dedication to the empowerment of every citizen and also strengthens the foundation of an inclusive and accessible India.' Recently, the Supreme Court ruled that the eKYC (digital Know Your Customer) process must be made accessible to people with disabilities. A bench of Justices JB Pardiwala and R Mahadevan, while pronouncing a judgement on PIL pleas seeking directions to the government regarding problems faced by acid attack victims and blind or persons with low-vision in being able to complete the eKYC process, stated that the right to digital access is intrinsic to Right to Life under Article 21 of the Constitution of India. Additionally, the Reserve Bank of India (RBI) is directed to issue guidelines to ensure that alternative, inclusive methods are available for verifying customer 'liveness' during Digital KYC or e-KYC processes, moving beyond methods like eye blinking, which may not be accessible to persons with disabilities. Furthermore, the RBI must clarify that customer onboarding through video-based KYC (V-CIP) does not require eye blinking, making the process more directions also state that KYC templates and customer acquisition forms must be redesigned to record the type and percentage of disability, enabling institutions to provide accessible services or reasonable accommodations to customers with disabilities. (ANI)


The Hindu
22-05-2025
- Politics
- The Hindu
Government reserves 4% central government housing for persons with disabilities
The Union Urban Affairs Ministry has decided to make a reservation of 4% in the allotment of Central government housing for persons with disabilities. The Department of Estates (DoE) has issued an office memorandum to ensure fair access to Central government residential accommodations for persons with disabilities in alignment with the Rights of Persons with Disabilities (RPwD) Act, 2016, the Ministry of Housing and Urban Affairs said in an official statement. The DoE is an attached office under the Ministry of Housing and Urban Affairs, responsible for managing and administering the government's estates, particularly in the national capital. Established in 1944, it is also responsible for allocating government residential accommodation and managing bookings for holiday homes and touring officers' hostels. The Ministry statement said that going forward, a reservation of 4% in the allotment of Central government housing will be provided to persons with disabilities, marking a substantial move towards equity, dignity, and accessibility in public services. 'This initiative reflects the government's dedication to the empowerment of every citizen and also strengthens the foundation of an inclusive and accessible India,' it added.


Time of India
22-05-2025
- Politics
- Time of India
Govt reserves 4% central housing for persons with disabilities in push for inclusive development
NEW DELHI: Centre on Thursday announced a 4% reservation in the allotment of central government housing for people with disabilities (Divyangjans). The government said that this "initiative reflects the government's dedication to the empowerment of every citizen and also strengthens the foundation of an inclusive and accessible India. " "Drawing inspiration from the Prime Minister's vision of Sabka Saath, Sabka Vikas and reaffirming the commitment to equal opportunities for all citizens under the Sugamya Bharat Abhiyan, the minister of housing and urban affairs Manohar Lal has taken a landmark step towards inclusive governance," the ministry said in a statement. In line with the Rights of Persons with Disabilities (RPwD) Act, 2016, the Directorate of Estates has issued a notice to ensure fair access to central government housing for people with disabilities, the ministry added. Officials said the policy aims to ensure dignity, equity, and accessibility in public services and reflects the government's ongoing efforts to empower all citizens, including those with special needs. What is Sugamya Bharat Abhiyan? Sugamya Bharat Abhiyan, also known as the Accessible India Campaign, is a nationwide initiative launched by the central government on December 3, 2015, with the aim of making public spaces, transportation systems, and information and communication technologies accessible to persons with disabilities. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng với sàn môi giới tin cậy IC Markets Đăng ký Undo The campaign is implemented by the Department of Empowerment of Persons with Disabilities under the ministry of social justice and empowerment. Through the Sugamya Bharat Abhiyan, which is a key step toward fulfilling the vision of an inclusive society, the government aims to promote universal accessibility and seeks to empower people with disabilities to participate equally in all aspects of life.