Does Article 21 include right to digital access?

India’s digital infrastructure, especially for identity verification like KYC, has become essential for accessing financial and government services. However, it remains largely inaccessible to persons with disabilities (PwDs), prompting the Supreme Court to reinterpret Article 21 to include the ‘right to digital access’.

What is Article 21?

• Article 21 says: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
• Over the decades, courts have expanded this to include rights such as:
  • Right to dignity
  • Right to education
  • Right to shelter
  • Right to health
• Now, the Supreme Court has added a new dimension—right to digital access—recognising that exclusion from the digital world can seriously affect a person’s right to live with dignity.

Legal Framework Supporting PwD Rights

• India has both constitutional and statutory protections for persons with disabilities:
  • o    Constitutional Mandate: The Preamble, Fundamental Rights (especially Articles 14, 15, 21), and Directive Principles guide the state to promote justice, equality, and dignity.
  • o    Rights of Persons with Disabilities (RPwD) Act, 2016: It aligns India with the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
    • It moves away from a purely medical model and adopts a social-barrier approach—disability is not just a bodily impairment, but also the result of barriers in society.
    • Section 42 specifically mandates that electronic and print media be made accessible, with features like:
      • Audio description
      • Captions
      • Sign language
      • Universal design principles in electronic devices

Why KYC is a Barrier for PwDs?

• KYC (Know Your Customer) norms are legal requirements that every bank, telecom provider, insurance company, etc., must follow to verify identities. It’s meant to stop fraud and money laundering.
• However, the current digital KYC methods exclude many PwDs, especially the visually impaired and acid attack survivors:
  • Facial Recognition & Selfies: Visually impaired persons or those with disfigurements cannot easily align their face for a selfie or complete facial verification.
  • Visual Tests: Blinking, reading on-screen codes, or clicking on-screen prompts are not accessible.
  • No Audio or Screen-Reader Support: KYC apps rarely support screen readers or provide voice-guided cues.
  • Document Uploads: Users can’t distinguish document sides or check if their PAN/Aadhaar has uploaded correctly.
  • No Valid Signature Alternatives: Thumb impressions, often used by visually impaired individuals, are not accepted. PAN cards can’t be issued with thumb impressions.
  • OTP and Real-Time Verification: Expecting users to respond in 30 seconds with perfect camera positioning leaves out many disabled users.
• Despite ICT Accessibility Standards (2021, 2022) issued by the Ministry of Electronics and IT, most service providers have not complied.

Supreme Court Ruling       

• In Rajive Raturi v. Union of India (2024) and the April 2025 KYC case, the Supreme Court:
  • Declared digital accessibility a constitutional requirement, not a matter of policy choice.
  • Anchored its decision in Articles 14 (equality), 15 (non-discrimination), 21 (life and liberty), and 38 (justice and welfare).
  • Reaffirmed that digital exclusion is a form of digital discrimination that violates the dignity and equality of PwDs.
  • Directed institutions like the RBI, SEBI, and DoT to revise digital KYC norms and ensure universal accessibility in all digital services.
• SC rightly pointed out that in a digital-first society, the denial of digital access is a denial of dignity, freedom, and opportunity.

Why this Judgment is a milestone?

• Recognition of Digital Exclusion as a Rights Violation: Digital platforms are the new gatekeepers to essential services. Excluding PwDs from them effectively means denying them participation in society.
• Article 21 (A Living, Evolving Right): This ruling builds upon earlier SC decisions where:
  • Right to privacy (Puttaswamy case)
  • Right to die with dignity (Common Cause case)
  • Right to access COVID vaccines digitally (during pandemic)
    • were read into Article 21. The right to digital access continues this progressive trend.
• Future Reforms: This case sets a precedent for:
  • Inclusive digital governance
  • Accessible fintech, edtech, and health platforms
  • Private sector compliance with accessibility norms

Required Measures

• Enforceable Guidelines: RBI, SEBI, and DoT must revise their frameworks and issue binding directions to regulated entities.
• Universal Accessibility Audits: KYC apps, websites, and customer service platforms should be audited by accessibility experts.
• Inclusive Tech Design: Future fintech and government platforms must be designed with accessibility in mind from the start, not added later as an afterthought.
• Training and Awareness: Institutions must train staff and developers on accessibility laws and user needs.