Supreme Court Recognized Digital Access as Fundamental Right Under Article 21

In a landmark decision on April 30, 2025, the Hon’ble Supreme Court of India expanded the interpretation of Article 21 of the Constitution—Right to Life and Personal Liberty—to include the Right to Digital Access. This progressive judgment is a major stride toward digital inclusion and disability rights, marking a shift in how constitutional protections adapt to technological realities.

Background of the Case

The judgment arose from writ petitions filed by disability rights activists and affected individuals, urging the Court to direct the government and financial institutions to make digital KYC processes (e-KYC and Video KYC) accessible to persons with disabilities—especially acid attack survivors, individuals with visual impairments, and those with facial disfigurements.

The case was heard by a two-judge bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan.

Key Observations by the Supreme Court

The Court observed that in the digital age, access to governance, banking, education, and healthcare increasingly depends on digital infrastructure. Exclusion from this access effectively violates the right to live with dignity and autonomy.

“Bridging the digital divide is no longer merely a matter of policy discretion but a constitutional imperative,” the bench stated.

The judgment emphasizes that the digital divide perpetuates systemic exclusion, affecting not just persons with disabilities but also rural communities, the elderly, and economically weaker sections.

🔍 Constitutional Interpretation

The ruling reinterprets Article 21 by reading it in conjunction with:

• Article 14 (Right to Equality)
• Article 15 (Prohibition of Discrimination)
• Article 38 (State’s obligation to promote welfare)

Together, these provisions create a constitutional mandate for inclusive and accessible digital systems.

Key Directives Issued by the Supreme Court

The Court ordered significant reforms, including:

✅ Mandatory Accessibility Audits:

All digital platforms—public and private—must undergo periodic audits by certified accessibility professionals.

✅ Inclusive User Testing:

Persons with visual impairments must be included in user testing phases of all digital services.

✅ Departmental Accountability:

Each government department must appoint a nodal officer to oversee digital accessibility compliance.

✅ Alternative KYC Methods:

Financial institutions must adopt accessible alternatives for verifying “liveness” or live photographs, ensuring that no one is excluded due to physical impairments.

✅ Clarification on Customer Onboarding:

All regulated entities must be guided to implement inclusive onboarding processes, including video-based Customer Identification Procedures (V-CIP).

Significance of the Judgment

This is a milestone in recognizing technology as a tool for empowerment and not exclusion.

It affirms the State’s responsibility to ensure that digital services—especially essential ones like banking and e-governance—are accessible to everyone, regardless of their physical abilities or geographical location.

A Legal Professional’s Perspective

As a legal professional, this judgment reflects a transformative shift in how our judiciary views digital inclusion—not just as a policy goal but as a constitutional right. It reaffirms that substantive equality must be embedded into all aspects of governance, especially in an era where technology plays a pivotal role in daily life.

Way Forward

This judgment sets a strong precedent. Going forward:

• Institutions must invest in assistive technologies, inclusive design, and regional language support.
• The legal and tech communities must collaborate to ensure no one is digitally left behind.

Conclusion

This is not just a win for disability rights but a defining moment in India’s digital journey. By recognizing the Right to Digital Access as a fundamental right under Article 21, the Supreme Court has taken a powerful step toward building a just, inclusive, and accessible digital India.