Right to Digital Access
Kartavya Desk Staff
Syllabus: Polity
Source: TH
Context: The Supreme Court has held that the right to digital access is part of the right to life and liberty under Article 21, mandating inclusive revisions in digital KYC norms.
About Right to Digital Access:
• What It Is? The right to digital access refers to the guaranteed ability of every citizen, including the disabled and marginalized, to access and benefit from digital public and financial infrastructure.
• The right to digital access refers to the guaranteed ability of every citizen, including the disabled and marginalized, to access and benefit from digital public and financial infrastructure.
• Constitutional Interpretation: The SC reinterpreted Article 21 (right to life and liberty) to include digital accessibility, especially in the context of increasing dependence on online identity verification, governance, and welfare delivery.
Issues Surrounding Right to Digital Access:
• Exclusion in KYC Systems: Visual and motor-based tasks like blinking, selfie capture, and OTP validation exclude persons with visual impairments or facial disfigurement.
• Non-compliance with ICT Accessibility Standards: Most KYC apps lack screen readers, audio prompts, or alternate identity verification modes.
• Denial of Basic Services: Lack of accessible KYC leads to exclusion from banking, telecom, pension, and welfare schemes for persons with disabilities (PwDs).
• Discriminatory Design: The absence of universal design principles breaches Section 42 of the Rights of Persons with Disabilities Act, 2016.
• Widening Digital Divide: Barriers affect not only PwDs but also rural citizens, senior citizens, and linguistic minorities.
About Supreme Court Judgment on Digital Access (*Pragya Prasun & Amar Jain v. Union of India (2025))*
• The SC ruled that digital inclusion is a constitutional imperative, not a discretionary policy matter.
• It invoked Articles 14, 15, 21, and 38, affirming that digital infrastructure must be inclusive, accessible, and nondiscriminatory.
• Directed reform of KYC norms: Introduce alternative modes of live verification, appoint digital accessibility nodal officers, and conduct periodic accessibility audits.
• Emphasized the need for PwD user testing during app/portal development phases to prevent exclusion.
E.g. In Pragya Prasun & Amar Jain v. Union of India (2025), SC held that blinking and visual input-based verification violates the right to life and dignity of blind users and acid attack survivors.
Significance of the Judgment:
• Constitutional Recognition of Digital Inclusion: Establishes that digital access is a fundamental right, laying a foundation for future tech legislation.
• Strengthens Disability Rights: Reinforces India’s obligations under the UNCRPD and the RPwD Act, 2016.
• Inclusive Digital Transformation: Directs state to design tech solutions with equity, ensuring no one is left behind.
• Boost to Accessible Governance: Enables better access to e-governance, health, education, and financial inclusion for the disabled and marginalized.
• Promotes Substantive Equality: Upholds justice beyond formal equality, enabling structural reform in how digital systems are conceptualized and delivered.
Conclusion:
The Supreme Court’s recognition of digital access as intrinsic to Article 21 marks a paradigm shift in constitutional law. It compels both the government and private institutions to rethink accessibility as a legal right, not a technical afterthought. Bridging the digital divide is no longer optional—it is a matter of ensuring dignity and equity for every citizen.
• “Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach.” Do you agree? Give reasons for your answer. (UPSC-2023)