Copyright infringement not intended

Picture Courtesy:  TIMESOFINDIA

Context:

SC declares digital access a fundamental right under Article 21, urging inclusive digital reforms for all citizens.

News in Detail

The Supreme Court declares that access to digital services is an essential part of the fundamental right to life and liberty under Article 21 of the Constitution. 

• Every citizen, including those in rural areas, senior citizens, economically weaker sections, linguistic minorities, and differently-abled people, must have equal access to digital platforms like the internet, mobile apps, and online services.

The court makes this ruling while hearing a case filed by two acid attack survivors who are blind and have facial disfigurements. They face difficulties in completing the digital KYC (Know Your Customer) process, which requires taking a "live photograph" by blinking. This prevents them from opening bank accounts or buying SIM cards.

Highlights of the Supreme Court’s Ruling

Digital Access as a Fundamental Right

The court reinterprets Article 21 to include the right to digital access. It states that access to digital platforms is vital for education, healthcare, governance, and economic opportunities.

The "digital divide"—the gap between those who have access to digital infrastructure and those who do not—creates systemic exclusion. This affects rural populations, senior citizens, economically weaker sections, linguistic minorities, and differently-abled persons. The court declares that the government has a duty to ensure inclusive digital systems.

Directions to the Government and RBI

The court orders the RBI and other authorities to modify the digital KYC process to accommodate visually- and hearing-impaired individuals => Developing alternative verification methods, such as voice-enabled services or Braille formats.

The court mandates the continuation of paper-based KYC processes to ensure accessibility for those unable to use digital systems. The court said that the government must design digital ecosystems that are inclusive and equitable, which serve both privileged and marginalized groups.

Emphasis on Substantive Equality

The court invokes the principle of substantive equality, which goes beyond treating everyone the same. It requires addressing systemic barriers faced by disadvantaged groups to ensure true equality.

The ruling highlights that digital transformation must not exclude marginalized communities but should empower them to participate fully in public life.

Significance of the Judgment

By recognizing digital access as part of the right to life, the court aligns the Constitution with modern realities. This follows precedents like K.S. Puttaswamy v/s Union of India (2017), where privacy was declared a fundamental right under Article 21.

The judgment addresses the needs of marginalized groups, reinforcing commitment to social justice and equality.

The court shifts the responsibility to the government, making inclusive digital access a constitutional mandate rather than a discretionary policy choice.

Must Read Articles: 

Personal Liberty Under Article 21 

Source: 

TIMES OF INDIA