In a landmark verdict, the Supreme Court of India ruled that equal and inclusive digital access is a fundamental right protected under Article 21 (Right to Life and Liberty). The ruling stems from a petition filed by acid attack survivors and visually impaired persons, who encountered severe barriers in completing digital Know Your Customer (KYC) procedures for availing government schemes.
The Court invoked Articles 14, 15, and 38, emphasising the need to ensure substantive equality and non-discrimination in digital governance. It underscored that technological advancement should not exclude the marginalised but rather be tailored to empower them.
In a first, the apex court issued 20 binding directives to ensure universal accessibility of digital platforms and public websites, including mandates for screen-reader compatibility, text-to-speech tools, multilingual access, and human interface support.
Points to Remember
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๐ Articles 14, 15, 21, and 38 invoked by the Supreme Court.
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๐งโ๐ฆฏ Petitioners included acid attack survivors and visually impaired persons.
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๐ ๏ธ Court ordered inclusive design in all government digital systems.
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๐ Issued 20 detailed directives to enhance digital access.
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โ๏ธ Strengthens the concept of โsubstantive equalityโ in the digital era.
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๐๏ธ Reinforces India’s global leadership in digital constitutionalism.
Legal Foundations: Articles 14, 15, 21 & 38
The judgement is anchored in key constitutional principles:
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Article 14: Equality before law โ prohibits discrimination.
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Article 15: Prohibits discrimination on the basis of disability, among other factors.
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Article 21: Right to life includes dignified and barrier-free access to state services.
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Article 38: Promotes the welfare of people and social justice.
These provisions combine to form a strong constitutional mandate for inclusive digital services.
Case Background and Petitioners
The case was triggered by multiple complaints regarding the digital KYC process under Aadhaar-based schemes, which excluded visually impaired individuals due to lack of proper interfaces. Acid attack survivors also raised concerns about their inability to use biometric systems due to disfigurement.
The petitioners were supported by rights-based organisations and legal advocates pushing for universal digital accessibility. The case highlighted the gap between digital expansion and accessibility in India’s governance model.
20 Directives by the Supreme Court
Among the 20 directives issued by the apex court are:
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Mandatory accessibility compliance for all government digital services.
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Provision of alternative non-biometric verification for KYC.
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Implementation of screen-reader compatible websites.
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Ensuring text-to-speech and speech-to-text tools.
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Multilingual and regional language access.
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Training of digital support staff in inclusive practices.
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Periodic audit of government websites and portals for accessibility.
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Accessible grievance redressal mechanisms.
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Directives to incorporate feedback from disabled persons in digital system design.
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Timelines for implementation with periodic review by the Court.
These reforms aim to bridge the digital divide while reaffirming Indiaโs democratic values.
Implications for Digital Governance in India
The judgment is a watershed moment for India’s ambitious Digital India campaign. It shifts focus from mere digital expansion to equity and accessibility.
Impact Areas
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๐ณ Banking and KYC procedures must now offer non-biometric options.
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๐งพ Government schemes like PM Garib Kalyan Yojana and DBT must accommodate differently-abled users.
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๐ฑ Digital portals such as DigiLocker, UMANG, and e-Shram must upgrade accessibility standards.
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๐ฉโโ๏ธ Strengthens the legal precedent for enforcing inclusive tech policies.
International Context
Globally, countries like Estonia, Sweden, and Canada are pioneering inclusive digital governance. The UNโs Convention on the Rights of Persons with Disabilities (CRPD) also mandates digital inclusion.
Indiaโs Supreme Court judgement places it among the global leaders advocating for digital human rights, contributing to an emerging field of digital constitutionalism.
Additional Resources
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Ministry of Social Justice and Empowerment โ Accessible India Campaign ๐ (DoFollow)
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Understanding Article 21 โ PRS India ๐ (DoFollow)
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Digital India Portal โ Official Site ๐ (DoFollow)
