SC Says Digital Access is a Fundamental Right. How India Can Act on It

On 30 April, the bench of Justice JB Pardiwala and Justice R Mahadevan of the Supreme Court of India ruled that digital access is a fundamental right for every citizen, including those who are vulnerable, marginalised, and disabled. The court held that the principle of substantive equality demanded that digital transformation needed to be both inclusive and equitable.It also ruled that the State's obligation under Article 21, read 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, inclusive, and responsive to the needs of all vulnerable marginalised populations. ndfgaThe apex court also issued 20 directions to make the eKYC process accessible for persons with disabilities, particularly those suffering from facial disfigurements due to acid attacks.Digital Personal Data Protection Draft Rules: What Are the Sticking Points?The judgment came in response to two writ petitions—Pragya Prasun vs Union of India and Amar Jain vs Union of India—seeking directions for the creation of an accessible digital KYC framework. The Pragya Prasun case involves acid attack survivors who challenged eKYC requirements mandating facial movements (blinking, head tilting, positioning) that they cannot physically perform due to disfigurement and eye injuries. They argued that these requirements denied them access to essential banking services and government schemes, while urging the union government to redefine 'live photograph' in the Reserve Bank of India (RBI)'s KYC Master Directions of 2016.In the Amar Jain vs Union of India case, a 100 percent blind petitioner challenged allegedly discriminatory KYC requirements, arguing that barriers such as selfie requirements, handwritten signatures, and brief OTP windows violate disability rights under the Rights of Persons with Disabilities Act 2016 (RPwD) and Articles 14 and 21 of the Constitution.The Supreme Court judgment is welcome as it sets right a gap persisting for some years with the introduction and proliferation of digital technologies in governance ecosystems. For India, a nation striving to position itself as a global digital leader, ensuring universal digital access isn't merely a policy goal—it's an imperative for inclusive development and equitable participation in the digital economy.The court's judgment is built upon the foundation of the RPwD Act, establishing that digital accessibility falls within the ambit of reasonable accommodation. Earlier, the court had recognised this emerging reality in its landmark judgment Avni Prakash v National Informatics Centre (2023), where it acknowledged that digital access transcends mere infrastructure provision to encompass meaningful participation in the digital sphere. The court emphasised that for persons with disabilities and acid attack survivors, digital access represents not just connectivity but a pathway to dignity, employment, and social integration. Globally, the European Union (EU) has been a pioneer in embedding digital access within its human rights framework. The EU’s Digital Services Act and Digital Markets Act, enacted in 2022, emphasise accessibility, inclusivity, and non-discrimination in digital platforms. Additionally, the European Accessibility Act (2019) mandates that digital products and services, including e-commerce, banking, and public sector websites, comply with accessibility standards by 2025. The EU’s approach highlights the importance of enforceable accessibility standards, which India could emulate by strengthening its Web Content Accessibility Guidelines (WCAG 2.1) implementation and creating robust compliance mechanisms.For instance, the EU’s Web Accessibility Directive (2016) requires public sector websites and mobile applications to be accessible to persons with disabilities, with regular audits and penalties for non-compliance. This has led to measurable improvements, such as the adoption of screen-reader-compatible interfaces and alternative text for images across government portals in countries like Germany and France. India could adopt similar auditing mechanisms to ensure that platforms like DigiLocker and MyGov are fully accessible to all citizens.South Africa’s constitution explicitly recognises access to information as a fundamental right under Section 32, which has been interpreted to include digital access in the context of modern governance.The Promotion of Access to Information Act (2000) and subsequent policies have pushed for equitable digital access, particularly for marginalised communities. South Africa’s Universal Service and Access Agency works to bridge the digital divide by subsidising connectivity and devices in rural areas and providing digital literacy training to disadvantaged groups.Brazil’s Marco Civil da Internet (2014), often referred to as the Internet Bill of Rights, establishes internet access as a fundamental right and emphasises net neutrality, privacy, and universal access. The Connected Brazil programme, launched in 2020, aims to expand broadband access to underserved regions, particularly in the Amazon, through satellite and fiber-optic networks. Brazil’s focus on affordability, with subsidised data plans for low-income households, has reduced the digital divide significantly.They Lost Crores. Then Came the Silence: What Happens After Digital Arrest?One of the key strategy to implement the 20 points as laid by the top court would be to recalibrate the Digital India programme and make it more access friendly. While the programme has made significant strides in expanding digital infrastructure across the country, a few critical steps are needed to transform digital access into a fundamental right for all citizens:Accessibility standards must be mandated across all digital platforms, particularly government services. This includes implementing the WCAG 2.1 standards, developing accessibility testing frameworks, and creating enforcement mechanisms with meaningful consequences for non-compliance. Digital literacy must be recognised as the cornerstone of meaningful access. The National Digital Literacy Mission should be expanded beyond basic training to encompass critical digital skills, online safety, and the ability to navigate digital government services effectively. Affordability remains a significant barrier. While India boasts some of the world's lowest data costs, the combined expense of devices and connectivity remains prohibitive for many. Targeted subsidies, low-cost device programs, and innovative financing models are essential to overcome this barrier. Localised content and services in regional languages must be prioritised to ensure linguistic minorities aren't excluded from the digital ecosystem. This requires not just translation, but culturally appropriate content that addresses local needs and contexts. Data protection and privacy frameworks must be implemented to build trust in digital systems. Vulnerable populations, including survivors of violence and persons with disabilities, need particular safeguards against exploitation and misuse of their data. Institutional mechanisms for accountability and grievance redressal need strengthening. Digital rights require clear ownership within government structures and transparent reporting on progress and challenges.For Digital India to fulfil its transformative potential, it must be guided by this rights-based perspective, ensuring that technology serves as a force for inclusion rather than exacerbating existing inequalities. The Supreme Court's recognition provides the judicial foundation; now policy action must follow to transform digital public infrastructure into robust digital public intelligence through the integration of AI—making it a lived reality for every Indian citizen, regardless of ability, location, or economic circumstance.(Subimal Bhattacharjee is a Visiting Fellow at Ostrom Workshop, Indiana University Bloomington, USA, and a cybersecurity specialist. This is an opinion piece. The views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)

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SC Says Digital Access is a Fundamental Right. How India Can Act on It

For India, ensuring universal digital access is imperative for equitable participation in the digital economy.

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