In a landmark judgment that resonates with the pulse of our increasingly digital world, the Supreme Court of India has declared digital access a fundamental right, intrinsically linked to the right to life and personal liberty under Article 21 of the Constitution. This momentous decision, delivered on Wednesday, April 30, 2025, not only acknowledges the profound impact of technology on our lives, but also mandates the government to actively bridge the digital divide that continues to exclude significant portions of the population.
The ruling came in response to petitions filed by individuals facing severe challenges in accessing essential digital services due to their disabilities. The petitioners, including acid attack survivors with complete blindness, highlighted the discriminatory nature of digital Know Your Customer (KYC) processes that rely on features like live photographs requiring blinking – an impossible task for them.
The Supreme Court bench, comprising Justices JB Pardiwala and R Mahadevan, unequivocally stated that in this “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.”
This insightful observation underscores the reality that in today’s world, being digitally excluded often translates to being excluded from fundamental aspects of life. The Court recognized that the “digital divide,” characterized by unequal access to digital infrastructure, skills, and content, perpetuates systemic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities.
In a powerful affirmation of the principle of substantive equality, the judgment emphasized that digital transformation must be inclusive and equitable, catering to the diverse needs of all citizens. The Court issued a series of crucial directives to the central government, the Reserve Bank of India (RBI), and other regulatory authorities, demanding a comprehensive overhaul of existing digital frameworks:
- Revision of KYC Norms: The Court specifically ordered the revision of digital KYC guidelines to ensure alternative verification methods for individuals unable to meet requirements like blinking or facial movements. This includes the development of alternative formats such as Braille and voice-enabled services.
- Universal Accessibility: The judgment mandates that all digital services, whether provided by government or private entities, must be made accessible to persons with disabilities. This includes ensuring compliance with Web Content Accessibility Guidelines (WCAG) and other accessibility standards.
- Alternative Verification Methods: The authorities are directed to develop and implement alternative modes to verify “liveness” during KYC processes and to continue offering paper-based KYC as an accessible option.
- Appointment of Accessibility Nodal Officers: All regulated entities are now required to appoint accessibility nodal officers to oversee and ensure compliance with the new guidelines.
- Inclusive Design and Testing: The Court stressed the importance of involving individuals with disabilities, particularly those with blindness, in the pre-launch testing phases of digital platforms and features.
- Provision of Assistive Technologies: Authorities are instructed to procure software that provides options for sign language interpretation, closed captions, and audio descriptions for visually and hearing-impaired users.
This landmark ruling signifies a paradigm shift in how India views digital access and a closer step towards the vision of ‘Digital India‘. It is no longer merely a matter of policy discretion but a constitutional imperative. By recognizing digital access as a fundamental right, the Supreme Court has paved the way for a more inclusive and equitable digital ecosystem, ensuring that the benefits of technological advancements reach every citizen, regardless of their abilities or circumstances. This judgment is a powerful step towards bridging the digital divide and truly empowering all individuals to participate fully in the digital age.
References:
1) https://www.hindustantimes.com/india-news/digital-access-intrinsic-to-right-to-life-sc-rules-101746037816159.html
2) https://brandequity.economictimes.indiatimes.com/news/digital/digital-access-part-of-fundamental-right-to-life-and-liberty-says-sc/120814631
3) https://www.boomlive.in/law/supreme-court-digital-access-fundamental-right-differently-abled-inclusivity-28463
4) https://www-ndtv-com.cdn.ampproject.org/c/s/www.ndtv.com/india-news/in-landmark-order-supreme-court-says-digital-access-a-fundamental-right-8292719/amp/1