Why in News?

In a landmark judgment, the Supreme Court of India has ruled that digital access is an intrinsic part of the fundamental right to life and liberty under Article 21 of the Constitution.

This pronouncement reinforces the constitutional obligation of the State to bridge the digital divide (marked by lack of infrastructure, skills, accessible content) and ensure inclusive digital infrastructure.

What’s in Today’s Article?

• Key Highlights of the Verdict
• Petition Background and Relief Granted
• Implications for Governance and Policy

Key Highlights of the Verdict:

• Relevant constitutional provisions invoked:
  • Article 21: Right to life and dignity.
  • Article 14: Right to equality.
  • Article 15: Prohibition of discrimination.
  • Article 38 (DPSP): Obligation of the state to promote welfare and reduce inequalities.
• Digital access as a constitutional right:
  • The Court held that the right to digital access is an "instinctive component" of the right to life and liberty.
  • The right is now deemed a constitutional imperative.
  • It is essential for access to governance, education, healthcare, essential services, and economic opportunities in the digital era.
  • The principle of substantive equality (which ensures policies accommodate varied needs beyond formal equality) mandates that digital transformation must be inclusive and equitable.
• Bridging the digital divide:
  • Given India’s rapid digital growth (via Aadhaar, online platforms, net banking), it is important to consider if technology is available to everyone, especially the vulnerable and historically excluded.
  • The judgment highlights that rural populations, senior citizens, economically weaker sections, linguistic minorities, and persons with disabilities face systemic exclusion due to lack of digital access.
  • The Court asserted that addressing the digital divide is not just policy discretion, but a constitutional responsibility to uphold dignity, autonomy, and equal participation in public life.

Petition Background and Relief Granted:

• Case of acid attack victims:
  • The verdict came in response to petitions by two acid attack survivors suffering from 100% blindness and facial disfigurement.
  • They were unable to complete the digital KYC/e-KYC process due to inability to take a live photograph by blinking, which hindered access to banking and telecom services.
• Directions issued by the court: RBI and other government bodies were directed to:
  • Revise KYC norms for visually- and hearing-impaired users.
  • Develop alternative formats like Braille, voice-enabled, and accessible digital interfaces.
  • Provide alternative modes to verify “liveness” during KYC.
  • Continue allowing paper-based KYC as an accessible option.

Implications for Governance and Policy:

• Inclusive digital governance:
  • The verdict reiterates the need for the State to proactively design inclusive digital ecosystems.
  • Technology must accommodate diverse needs to prevent exclusion and ensure true inclusion.