SC affirms ‘Digital Access’ as a fundamental right following acid attack survivor’s legal battle

In a historic ruling, the Supreme Court of India declared that digital access is an essential part of the right to life under Article 21 of the Indian Constitution. This judgment came after a prolonged legal struggle led by acid attack survivor Pragya Prasun, who was denied the ability to open a bank account due to her inability to blink, which was an injury caused by the acid attack. ICICI bank had insisted that blinking was necessary to fulfill the ‘Live Photo’ requirement in the digital KYC (Know Your Customer) process, regulated by the Reserve Bank of India (RBI). 

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Despite later being offered an exception by the bank, Pragya chose to take legal action to help others facing similar issues. She had also encountered the same obstacle while trying to buy a SIM card, which later, she had to register in her spouse’s name. outraged by the system’s insensitivity, she launched the #IWontBlink campaign, demanding more inclusive digital verification methods. Her petition, along with others facing similar difficulties due to her visual and facial impairments were heard by the court. 

The Supreme Court emphasized that the government must ensure inclusive digital systems for all, especially the disabled, elderly, rural communities and linguistic minorities. It issued 20 directions to revise digital KYC processes, aiming  to eliminate systemic exclusion and ensure  access to welfare and economic opportunities.