Underlining that the “the right to digital access” is “an instinctive component of the right to life and liberty,” the Supreme Court Wednesday issued a series of directions and ordered the revision of digital Know Your Customer (KYC) norms to make it accessible to people with vision impairment or low vision and acid attack survivors.
The decision by a bench of Justices J B Pardiwala and R Mahadevan came on two writ petitions which sought directions to bring about the necessary changes to facilitate people with vision impairment or low vision and acid attack survivors to conduct the KYC process.
“In the contemporary era, where access to essential services, governance, education, health care and economic opportunities are increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be re-interpreted in light of these technological realities,” said the bench.
Writing for the bench, Justice Mahadevan said, “The digital divide, characterised by unequal access to digital infrastructure, skills and content, continues to perpetuate systematic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities and linguistic minorities.”
The court said that ensuring “substantive equality demands that digital transformation be both inclusive and equitable.” “Persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assisted technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy and the scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.”
The court added, “In such circumstances, 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 to all vulnerable marginalised populations.”
“Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life. The right to digital access, therefore, emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement an inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded.”
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