CASE COMMENTARY: PRAGYA PRASUN V. UNION OF INDIA

The Supreme Court of India in Pragya Prasun & Ors. v. Union of India & Ors., 2025 INSC 599, delivered an important judgment on 30 April 2025 concerning the rights of persons with disabilities in the digital age. The case primarily dealt with the accessibility of Digital Know Your Customer (KYC), e-KYC and Video KYC procedures for persons with disabilities, particularly acid attack survivors with facial and eye disfigurement and persons suffering from blindness or low vision. The petitioners argued that existing digital KYC procedures often required users to perform tasks such as blinking their eyes, positioning their faces before a camera, taking selfies, reading text displayed on screens and providing signatures. Such requirements created serious barriers for persons who were unable to perform these actions because of their disabilities. As KYC has become necessary for accessing banking, telecommunications, insurance, investments and several government services, an inaccessible KYC system could effectively deny persons with disabilities access to essential services. The Supreme Court therefore examined the issue from the perspective of equality, dignity, accessibility and reasonable accommodation under the Constitution and the Rights of Persons with Disabilities Act, 2016 (RPwD Act) . The judgment recognised that technological development cannot be considered inclusive if it excludes persons with disabilities. It further emphasised that digital accessibility is closely connected with the right to live with dignity under Article 21 of the Constitution.