Electronic Know Your Customer (e-KYC) Judgement to Favor All Stakeholders (SC)
The Supreme Court of India has directed the Reserve Bank of India and all government departments to revise their digital Know-Your-Customer (KYC) norms to accommodate persons with facial disfigurements, the visually challenged, and those who are digitally semi-literate.
The move comes in response to concerns that the current digital authentication process could disadvantage people with disabilities, particularly since many welfare schemes are being delivered through digital platforms. The court believes that the principle of substantive equality necessitates inclusive and equitable digital transformation.
To bridge the digital divide, the court has declared digital access a part of the fundamental right to life, applicable under Article 21, the right to equality under Article 14, and the right against discrimination under Article 15 of the Constitution. This ruling makes the right to digital access justiciable, potentially opening a path for legal action if not adhered to.
This new interpretation of the right to digital access as part of the fundamental right to life may have administrative implications. For instance, it could challenge Section 196 of the Bharatiya Nyaya Sanhita and Sections 20(2) and 69A of the Information Technology Act, under which the government can impose Internet blackouts as a preventive measure. However, the court's ruling on e-KYC is expected to benefit millions of vulnerable individuals.
Implementing and sustaining these changes will necessitate significant efforts. This includes upgrading infrastructure, addressing technical challenges, revising regulatory frameworks, enhancing digital literacy, implementing monitoring mechanisms, engaging stakeholders, ensuring privacy and security, and avoiding inadvertent exclusions. These challenges highlight the importance of a comprehensive and coordinated approach to digital inclusion.
The directive to revise digital KYC norms by the Supreme Court can foster technology in education-and-self-development for those who are digitally semi-literate, promoting inclusive and equitable digital transformation. The court's ruling on e-KYC may lead to improvements in digital literacy, a crucial aspect of technology's role in education and self-development for vulnerable individuals.
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