The Supreme Court on Wednesday declared that digital access is a fundamental right under the Constitution of India, requiring the state to ensure universal digital accessibility.
This judgment came in response to a petition filed by an acid attack survivor, highlighting the challenges she faced during the Know Your Customer (KYC) process at a bank.
Court Highlights
A bench comprising Justice JB Pardiwala and Justice R. Mahadevan emphasized that digital processes, particularly KYC, must be accessible to everyone, including individuals with facial disfigurements or disabilities. The court stated that this accessibility is guaranteed under Articles 21 (right to life and liberty), 14 (right to equality), and 15 (protection against discrimination) of the Indian Constitution.
The court’s decision underscores that digital access is no longer a matter of policy but a constitutional obligation. It is now considered a necessary component to secure a life of dignity for all citizens, irrespective of their physical or social challenges.
Reinterpretation Of Fundamental Rights
The court expanded the interpretation of the right to life and liberty, noting that digital access is integral to it in the modern era. “The right to digital access emerges as a distinct component of the right to life and liberty,” the bench remarked. The ruling stresses that the government must design and implement an inclusive digital ecosystem that caters not just to the privileged but also to marginalized groups, including those historically excluded.
This judgment also sends a clear message that the state has a duty to bridge the digital divide, ensuring equal access to technology and its benefits for all, especially vulnerable sections of society.
Specific Directions
The Supreme Court also issued 20 specific directions aimed at improving the KYC process for individuals with disabilities, particularly those suffering from facial disfigurements due to acid attacks or other conditions like blindness. The bench pointed out that many petitioners, including the acid attack survivor, were unable to complete their KYC due to physical barriers such as facial disfigurements, which hindered their digital verification.
The court emphasized that constitutional provisions mandate accommodations for such petitioners in the KYC process. The bench urged for the revision of digital KYC guidelines to include an accessibility code that would cater to individuals with disabilities, ensuring that they are not excluded from essential services like banking and financial transactions.
A Step Towards A Digital Future
The judgment highlights the importance of revising the KYC process to align with the principles of accessibility and inclusivity, particularly in a world where economic opportunities are increasingly digitized. The court’s ruling calls for the reinterpretation of Article 21 in the context of technology, emphasizing the need for policies that prevent the deepening of the digital divide.
This decision sets a precedent for ensuring that individuals with disabilities or those facing other challenges are not left behind in the digital era. By mandating that digital accessibility is treated as a fundamental right, the court has reinforced the importance of inclusivity in India’s technological and economic progress.
Read More: Supreme Court, Delhi High Court, States High Court, International
