has affirmed that digital access, particularly for marginalized groups, is a vital component of the right to life and liberty.
- Digital access is now considered a part of the fundamental right to life and liberty
- Marginalized groups face barriers in completing digital KYC processes
- The state must ensure inclusive and equitable digital infrastructure for all citizens
The Supreme Court has declared that inclusive digital access to e-governance and welfare systems is an essential part of the fundamental right to life and liberty. The court emphasized that the state must ensure marginalized and vulnerable populations, including people with disabilities, the underprivileged, and historically excluded groups, can access digital services (1✔ ✔Trusted Source
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A Bench of Justices J.B. Pardiwala and R. Mahadevan ruled that the state is obligated to provide an inclusive digital ecosystem. The court also issued 20 directives for improving Know Your Customer (KYC) processes, making them more accessible to everyone, particularly those from vulnerable groups. As India advances its digital infrastructure through Aadhaar, online platforms, and banking, the court pointed out the often-overlooked issue of accessibility for all.
Challenges Faced by Marginalized Groups
The case arose from petitions filed by acid attack survivors and a visually impaired individual, highlighting how people with disabilities often struggle with digital KYC processes. Acid attack survivors, who face facial disfigurement and visual impairments, find it impossible to complete tasks like facial recognition, which is required for digital identity verification.
Justice Mahadevan, who authored the judgment, noted that such digital barriers prevent these individuals from accessing basic services like opening a bank account or receiving government welfare. Rather than helping integrate these individuals into society, the current digital infrastructure deepens their exclusion.
Digital Divide and its Impact
The court recognized that access to essential services like healthcare, education, and governance is increasingly mediated through digital platforms. Justice Mahadevan called for a reinterpretation of the right to life under Article 21 of the Constitution in light of these technological advancements. Bridging the digital divide is no longer a matter of policy preference, but a constitutional obligation to ensure a dignified and equitable life for all citizens.
The judgment also pointed out that the digital divide exacerbates systemic exclusion. People with disabilities, rural populations, senior citizens, and linguistic minorities are disproportionately impacted by unequal access to digital resources, creating barriers to essential services and opportunities.
Need for Inclusive Digital Transformation
The court invoked the principle of substantive equality, stressing that digital transformation must be inclusive and equitable. The judgment noted that people with disabilities face unique barriers, such as inaccessible websites and applications, which hinder their ability to access online services. Additionally, rural Indians often deal with poor internet connectivity and a lack of regional language content, limiting their participation in e-governance and welfare programs.
To ensure fairness, the court emphasized that the government’s responsibility under various Constitutional articles includes making digital infrastructure universally accessible to all, particularly the vulnerable and marginalized groups.
In summary, the Supreme Court’s decision represents a major milestone in establishing digital access as a fundamental right for all citizens, especially marginalized communities. By recognizing the importance of an inclusive digital ecosystem, the court stressed the government’s duty to close the digital gap.
Reference:
- Digital access a part of fundamental right to life and liberty: Supreme Court – (https://www.thehindu.com/news/national/sc-upholds-inclusive-digital-access-as-a-part-of-fundamental-right-to-life/article69508394.ece)
Source-Medindia