Convention on the Rights of Persons with Disabilities (UNCRPD)
Context: The UNCRPD obligates India to ensure equal digital access and inclusion for persons with disabilities, forming the basis for the Supreme Court’s directive to revise Know Your Customer (KYC) norms under Article 21.
Important Pointers:
UNCRPD (2006): An international human rights treaty adopted by the UN to protect the rights and dignity of persons with disabilities. India ratified it in 2007.
Purpose: Ensures full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and promotes respect for their inherent dignity.
Key Principles: Respect for dignity, non-discrimination, full participation, accessibility, equality of opportunity, and respect for difference.
RPwD Act, 2016: India enacted the Rights of Persons with Disabilities Act (RPwD Act), 2016, to give effect to the UNCRPD. It adopts a social-barrier model, recognizing that disability is caused not just by impairments, but by physical, social, and systemic barriers.
Section 42, RPwD Act: Mandates the government to ensure accessibility of all media (audio, print, electronic), and promotes universal design in electronic goods, websites, and services.
Digital KYC Exclusion: Current KYC systems (including video-based identification) exclude visually impaired persons and acid-attack survivors, due to requirements like reading on-screen codes, taking selfies, and unaided camera alignment.
Violation of Accessibility Standards: Despite Information and Communication Technology Accessibility Guidelines (2021, 2022), many apps/websites lack screen readers, audio prompts, or tactile interfaces, making them unusable for many PwDs.
SC Interpretation of Article 21 (2025): The Supreme Court redefined ‘Right to Life’ under Article 21 to include ‘Right to Digital Access’, especially for PwDs, rural citizens, and other marginalised groups.
Rajive Raturi Case (2024): Held that accessibility is central to the constitutional guarantee of dignity and liberty under Article 21. Emphasized that digital platforms must be inclusive by design.
SC Directions on KYC (April 2025):
Directed Reserve Bank of India (RBI),
Department of Telecommunications (DoT), and
Securities and Exchange Board of India (SEBI) to revise digital KYC rules to ensure non-discriminatory access. Cited barriers under current norms as a violation of UNCRPD and Articles 14, 15, 21, 38.
Constitutional Support:
Article 14: Equality before the law.
Article 15: Prohibition of discrimination.
Article 21: Right to life and liberty includes digital accessibility.
Article 38: Directive for securing social justice and reducing inequality.
UNCRPD & India’s Obligations: India is bound under international law to eliminate digital discrimination and ensure equal access to services and infrastructure for all Persons with Disabilities (PwDs).