Right to Digital Access

The Supreme Court of India made a landmark declaration that the right to digital access is an intrinsic part of the Right to Life under Article 21 of the Constitution. This judgment came in response to a set of petitions demanding easier digital access for acid attack survivors and visually impaired individuals, particularly in essential services like banking and e-governance.

Key-takeways from the SC’s Judgment

• The two-judge bench stated that:
  • In today’s world, access to services and entitlements happens primarily through digital means.
  • Digital access is no longer a privilege—it is central to living a life of dignity.
  • Therefore, “bridging the digital divide” has become a constitutional imperative, directly linked to the Right to Life and Dignity under Article 21.
• The state’s obligations under Article 21—read in conjunction with Articles 14, 15 and 38 of the Constitution—must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible.
• The Court noted that exclusion from digital services undermines basic rights like:
  • Access to welfare schemes
  • Financial inclusion
  • Legal identity
  • Public services (e.g., pensions, subsidies, healthcare)
• Assistive technology: Technology can empower, but only if it is designed with accessibility in mind. The judgment recognizes that AI-driven assistive technologies like Screen readers, voice commands, and gesture recognition, or Alternatives to biometric authentication (e.g., iris scans, text-based OTPs), can open up new possibilities for inclusion.

Digital Divide in India

• Digital India, Ambitious But Unequal: India’s rapid digitisation, via Aadhaar, UPI, e-Governance portals, DigiLocker, Jan Dhan accounts, has enabled vast improvements in transparency and service delivery. However, digital readiness and access are not equal:
  • As per NFHS-5 (2019-21), only 33% of women in rural India use the internet.
  • PwDs face severe barriers due to non-compatible websites, lack of assistive tech, and inadequate training.
• Legal Identity and Exclusion: Mandatory Aadhaar-based authentication, e-KYC, and biometric requirements have excluded people with disabilities, old-age illnesses, and disfigurements from accessing banking, pensions, and healthcare schemes.
• Lack of Accessibility Norms: Many government websites and apps do not comply with accessibility guidelines (like WCAG 2.0 or GIGW – Guidelines for Indian Government Websites), despite obligations under the Rights of Persons with Disabilities Act, 2016.

Who is affected by the Digital Divide?

• People with disabilities, especially those with visual impairments or disfigurements, often find digital services inaccessible due to reliance on visual interfaces.
• Rural and poor households lack access to devices like smartphones or broadband, making it difficult to access schemes like MGNREGA, PM-Kisan, or banking services.
• Senior citizens and linguistic minorities struggle with digital literacy, user-unfriendly interfaces, and complex verification procedures.
  • For instance, a person unable to blink (as required for live photo capture in e-KYC) is denied a bank account, pushing them further into economic marginalisation.

Digital Access and Evolving Rights

• Intersection with Disability Rights: Under the Rights of Persons with Disabilities Act, 2016, the government is obligated to ensure equal access to ICT (Information and Communication Technology) infrastructure, including:
  • Accessible digital platforms,
  • Reasonable accommodation,
  • Assistive technology support.
• Evolving Jurisprudence on Digital Rights: This judgment aligns with recent cases that expanded digital rights, such as:
  • Right to internet access as a fundamental right (Anuradha Bhasin case, 2020)
  • Right to privacy in digital life (Puttaswamy case, 2017)
  • Digital education as a part of the right to education during COVID-19