In a significant ruling, the Supreme Court said digital access is a fundamental right under Article 21 – right to life and liberty. The top court said true inclusion will be achieved only after technological advancements accommodate the diverse needs of all citizens.
“Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life,” the judgment authored by Justice R Mahadevan said before laying detailed guidelines aimed at overhauling eKYC norms to include accessibility for the differently abled.
The top court’s April 30 verdict came on a plea filed by acid attack survivors—one of whom was 100 per cent visually impaired—who sought access to banking facilities and e-governance services.
Digital access a fundamental right
The Supreme Court observed that in the “contemporary era”, where access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms, “the right to life under Article 21 of the Constitution must be reinterpreted in light of these technological realities”.
The top court noted that digital divide, marked by unequal access to digital infrastructure, continued to “perpetuate systemic exclusion”, of large sections of the rural population, senior citizens, the economically weak, linguistic minorities, and those who are differently abled.
“The principle of substantive equality demands that digital transformation be both inclusive and equitable,” the judgment read. The bench, which also included Justice JB Pardiwala, said fundamental rights must encompass the government’s responsibility to ensure that all aspects of digital infrastructure including government portals, online learning platforms, and financial technologies are “universally accessible, inclusive, and responsive to the needs of all vulnerable and marginalised populations”.
“The right to digital access, therefore, emerges as an intrinsic component of the right to life and liberty, necessitating that the State proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized, those who have been historically excluded,” the bench said.
The top court said government and private entities must incorporate and ensure that digital services comply with Web Content Accessibility Guidelines (WCAG) and other accessibility standards to combat this discrimination. “Legal frameworks should impose stringent requirements for digital inclusion, ensuring that no individual is denied access to essential services on the basis of disability,” the top court said.
This is not the first time the Supreme Court has championed digital access for the differently abled. In the case - Re: Distribution of Essential Supplies and Services During Pandemic, the court emphasized the “critical importance” of digital accessibility for persons with disabilities so they’re not excluded in the COVID-19 universal vaccination drive.
In another verdict, the court in its Disabled Rights Group judgment emphasised the need for inclusive education and the removal of barriers that hinder access and participation.