Digital Access as a Fundamental Right in India
Recently, the Supreme Court of India recognised digital access as a fundamental right under Article 21 of the Constitution. This landmark judgement mandates that the state must provide an inclusive digital ecosystem.
Supreme Court Ruling
The Supreme Court ruled that digital access is integral to the right to life and liberty. The judgement arose from petitions by acid attack survivors and visually impaired individuals. They faced barriers in completing digital Know Your Customer (KYC) processes. The court identified these barriers as hindrances to accessing essential services and welfare schemes.
Inclusivity in Digital Ecosystems
The court emphasised the need for an inclusive digital ecosystem. It stated that access to services such as healthcare, education, and governance is increasingly digital. Therefore, the state must ensure that all citizens, regardless of their abilities or backgrounds, can participate equally in these digital platforms. The government is constitutionally obligated to build an inclusive digital ecosystem, ensuring access for:
- The marginalised and underprivileged
- Persons with disabilities (PwDs)
- Vulnerable groups
- Historically-excluded communities
Changes to KYC Processes
The court directed the government to reform KYC processes to accommodate individuals with disabilities. It mandated that KYC procedures should no longer require visual tasks that are impossible for certain individuals. This includes allowing alternative methods for identity verification, such as video-based KYC processes.
Constitutional Obligations
The ruling reinforced the state’s obligation under various articles of the Constitution.
- Article 21 – Right to life with dignity
- Article 14 – Right to equality
- Article 15 – Protection against discrimination
- Article 38 – State’s duty to promote welfare and reduce inequality
Recommendations for Government Action
The Supreme Court issued twenty directives to the government. These directives aim to enhance KYC processes and digital accessibility. The court instructed regulatory authorities to adhere to accessibility standards and ensure that all digital platforms are designed to be inclusive.
Implications for Future Policy
This judgement sets a precedent for future digital policies in India. It marks the importance of considering the needs of vulnerable populations in technological advancements. The court’s ruling may lead to reforms in how digital services are delivered across the country.
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