Supreme Court Rules: Right to Digital Access is Part of Article 21
Digital Access for All: Supreme Court Makes Landmark Ruling
The Supreme Court has ruled that the right to digital access is a fundamental right, protected under Article 21 of the Indian Constitution. This means the government has a responsibility to ensure that everyone, including marginalized and vulnerable groups, has equal access to digital services.
This decision came in response to petitions filed by acid attack survivors and visually impaired individuals who faced difficulties completing e-KYC processes due to the current system’s limitations. The court noted that these individuals are recognized as ‘Persons with Disabilities’ under the Rights of Persons with Disabilities Act, 2016, and deserve appropriate accommodations.
Bridging the Digital Divide
Justice Mahadevan, who authored the judgment, emphasized that in today’s world, where many essential services are delivered online, the right to life under Article 21 must be interpreted in the context of digital access. The court highlighted the ‘digital divide,’ which disproportionately affects people with disabilities, those in rural areas, senior citizens, economically disadvantaged communities, and linguistic minorities.
The court stressed that the principle of substantive equality demands that digital transformation be both inclusive and equitable. It called on the government to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible and responsive to the needs of all citizens.
Directions for e-KYC Accessibility
The Supreme Court issued 20 specific directions to make the e-KYC process more accessible for persons with disabilities. These directions will be made public once the judgment is officially uploaded. The court urged authorities to revise the current e-KYC guidelines and incorporate accessibility codes to ensure that individuals with facial disfigurement or visual impairments can easily complete the process.
