‘The right to digital access emerges as an instinctive component of the right to life and liberty, necessitating the state to proactively design and implement inclusive digital ecosystems to serve not only the privileged, but also the marginalised and those who have been historically excluded’

The Supreme Court on Wednesday (April 30, 2025) held in a judgment that inclusive and meaningful digital access to e-governance and welfare delivery systems is a part of the fundamental right to life and liberty.

A Bench of Justices J.B. Pardiwala and R. Mahadevan laid down that the state has an obligation to provide an inclusive digital ecosystem to the marginalised, underprivileged, vulnerable, disabled and historically-excluded sections of the society.

“The right to digital access emerges as an instinctive component of the right to life and liberty, necessitating the state to proactively design and implement inclusive digital ecosystems to serve not only the privileged, but also the marginalised and those who have been historically excluded,” Justice Mahadevan, who authored the judgment, laid down.

The judgment was based on petitions filed by Pragya Prsaun raising concerns about how disabled persons, including acid attack victims, find it nearly impossible to successfully complete the digital Know Your Customer (KYC) processes, which include visual tasks.

Justice Mahadevan said facial trauma, disfigurement, and visual impairments make them unable to even move their heads, blink, carry out visual instructions and position their faces within the specified frames provided on-screen. As a result, they are unable to establish their identity digitally or face prolonged delays to even open a bank account or access essential services and government welfare schemes.

The apex court said the unfriendly digital atmosphere has managed to further cripple these sections of the population rather than return them to the mainstream. It has issued 20 directions to the government to improve the digital KYC process.

“In the contemporary era, access to essential services, governance, education, healthcare and economic opportunities is increasingly mediated through digital platforms. Right to life under Article 21 of the Constitution has to be reinterpreted in light of these technological realities,” Justice Mahadevan pointed out.

Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to ensure a life of dignity, autonomy, equal participation in public life, the Supreme Court noted.

“Digital divide characterised by unequal access to digital infrastructure, skills, contents continue to perpetrate systemic exclusion not only of persons with disabilities (PwD), but also large sections of the rural population, senior citizens, economically weaker communities and linguistic minorities,” the apex court highlighted.

Invoking the ‘principle of substantive equality’, the Supreme Court held that digital transformation must be both inclusive and equitable. “PwD encounters unique barriers in accessing online services due to a lack of accessible websites, applications and assisted technology,” the judgment spelt out.

Similarly, rural India faces poor connectivity, scarcity of content in regional languages, which effectively deny them meaningful access to e-governance and welfare measures.

“The state’s obligation under Articles 21 [right to a dignified life], 14 [equality], 15 [right against discrimination], 38 [Directive Principles of State Policy] of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms and financial technology are universally accessible and responsive to all vulnerable and marginalised sections,” the court held.