Court Cases

ICICI Bank refused to open Account of Acid Attack Survivor, Supreme Court gives Landmark Judgement

In a powerful ruling, the Supreme Court of India declared that digital access is an essential part of the right to life. This important decision came after a long legal fight led by Pragya Prasun, a brave acid attack survivor who faced discrimination because of her disability while trying to open a bank account.

Why Did Pragya Prasun Go to Court?

In July 2023, Pragya Prasun visited an ICICI Bank branch to open a savings account. Like every other customer, she was asked to complete the Digital KYC (Know Your Customer) process. But there was a problem: to prove her identity, the bank required her to blink in front of the camera to take a “live photo.”

Pragya couldn’t blink because of the severe injuries she had suffered in an acid attack years ago. The bank staff told her that blinking was mandatory to confirm she was physically present and alive during the verification. Without blinking, the system couldn’t verify her photo, and the bank refused to open her account.

This wasn’t the first time she faced such a barrier. When Pragya tried to buy a SIM card, she was also asked to blink for verification. Since she couldn’t blink, she was forced to buy the SIM card under her husband’s name instead of her own.

How Did She Respond?

Feeling humiliated and frustrated, Pragya turned to social media to share her experience. She launched an online campaign called #IWontBlink to raise awareness about how Digital KYC rules exclude people with disabilities.

Her story quickly gained attention and support. An official from the bank even reached out to her later, saying they could make an exception for her. But for Pragya, this wasn’t just about her personal problem. She realized that many others like her face the same discrimination every day, and temporary exceptions wouldn’t solve the bigger issue.

She decided to take the matter to court, determined to fight for more inclusive systems for everyone.

The Legal Battle and Court Ruling

Pragya’s petition was combined with other similar petitions from people who had difficulty completing KYC verification because of visual or physical impairments. After almost two years of legal proceedings, the Supreme Court finally gave its verdict. In a historic judgment, the court ruled that:

  • Digital access is a fundamental right under the right to life and liberty.
  • The government must make the KYC process easier for people with visual or facial disabilities.
  • Government websites, portals, online education platforms, and financial services must be accessible to everyone, including those with disabilities or living in rural areas.

The judges, Justice JB Pardiwala and Justice R Mahadevan, explained that in today’s world, many government services and welfare schemes depend on digital platforms. If people with disabilities or those in remote areas can’t access these services, they’re being unfairly left out of basic rights and opportunities.

The court said it’s not enough for the government to simply have digital services—it must also ensure that these services are designed to be inclusive and accessible for all. This is not just good policy; it’s a constitutional responsibility.

Justice Mahadevan, who wrote the judgment, emphasized that bridging the digital divide is crucial for equality. His fellow judge, Justice Pardiwala, praised him for writing a “brilliant” decision.

What Does This Mean for India?

This ruling is a big step forward for people with disabilities and others who face challenges in using digital platforms. It puts pressure on banks, telecom companies, government agencies, and educational institutions to:

  • Update their websites and apps to be accessible.
  • Offer alternative ways to verify identity for those who can’t complete digital KYC the usual way.
  • Make sure no one is denied services because of a disability or lack of digital literacy.

Pragya Prasun’s fight shows how one person’s courage can lead to a positive change for thousands of others. Her story reminds us that real inclusion means designing systems that work for everyone, not just the majority. If you are not happy with something, you should try to change it. Most of the people ignore these issues but if people start working together, we can build a better society to live in.

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