Digital access intrinsic to right to life, SC rules

The Supreme Court on Wednesday ruled that all digital services must be accessible to persons with disabilities, declaring digital access an "intrinsic component" of the fundamental right to life and liberty under Article 21 of the Constitution as almost all essential services are now mediated through such platforms.

- Abraham Thomas

A bench comprising justices JB Pardiwala and R Mahadevan issued comprehensive directions to the Centre, Reserve Bank of India and other regulatory authorities requiring alternative methods for digital KYC, as it stressed that technological advancements have made digital accessibility a constitutional necessity.

"The right to digital access emerges as an intrinsic component of the right to life and liberty, necessitating that the state continued on proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalised," the court stated in its 62-page ruling.

The judgment came in response to petitions filed by acid attack survivors led by Pragya Prasun and by Amar Jain, a visually impaired person, who detailed the difficulties they face with digital services, particularly those requiring facial recognition or eye movement for verification.

The petitioners narrated their ordeal of being systematically excluded from essential services as digital KYC procedures often require facial movements or blinking of eyes-actions impossible for many acid attack survivors with facial disfigurements and blind persons.