Supreme Court Recognises Right to Digital Access for Persons with Disabilities
16.05.2025
Supreme Court Recognises Right to Digital Access for Persons with Disabilities
Context:
India’s digital infrastructure has become indispensable for availing financial, health, and government services. However, persons with disabilities (PwDs) face systemic exclusion from such platforms, especially during digital KYC processes. This prompted the Supreme Court to interpret Article 21, the right to life and personal liberty, to include the ‘right to digital access’, ensuring digital inclusion as a constitutional guarantee.
About the Issue:
- Digital Infrastructure as a Gateway:
Access to banking, telecom, healthcare, and public services increasingly requires digital identity verification like KYC (Know Your Customer). - Exclusion of PwDs:
Many platforms remain inaccessible to users with visual impairments, disfigurements, or cognitive limitations. - Examples of Inaccessibility:
- Facial recognition and selfie uploads are difficult for visually impaired individuals.
- On-screen instructions, blinking tests, and document uploads lack screen-reader support.
- Real-time OTP-based verification often assumes flawless interaction within seconds—unrealistic for many PwDs.
- Thumb impressions, commonly used by visually impaired individuals, are not accepted for PAN or digital KYC.
Legal Foundation:
Article 21 – Right to Life and Personal Liberty:
Interpreted over time to include:
- Right to dignity
- Right to shelter
- Right to education
- Right to health
Now extended to the Right to Digital Access, reinforcing that exclusion from digital services undermines the dignity and autonomy of individuals with disabilities.
Related Constitutional Provisions:
- Article 14: Equality before law
- Article 15: Non-discrimination
- Rights of Persons with Disabilities (RPwD) Act, 2016:
- Aligned with the UN Convention on the Rights of Persons with Disabilities (UNCRPD)
- Advocates a social model of disability, addressing barriers in society rather than individual impairments
- Section 42 mandates accessible electronic and print media, including:
- Audio descriptions
- Captions and sign language
- Universal design in electronic interfaces
Supreme Court Intervention:
- In Rajive Raturi v. Union of India (2024) and a landmark KYC-related case (April 2025), the SC ruled that:
- Digital accessibility is a constitutional right, not a discretionary policy.
- Digital exclusion amounts to digital discrimination.
- Regulatory bodies like RBI, SEBI, and DoT must revise norms to ensure universal accessibility in digital services.
- The court highlighted that in a digital-first society, denying digital access is equivalent to denying freedom, dignity, and equal opportunity.
Way Forward:
- Mandatory Compliance by Regulators:
Authorities like RBI, SEBI, and DoT must revise regulations and issue binding compliance directives to banks, insurers, and telecom companies. - Accessibility Audits:
Conduct periodic audits of websites, apps, and customer interfaces to ensure real-time accessibility. - Universal Design Principles:
Integrate accessibility features from the design stage, not as retroactive fixes. - Training and Sensitisation:
- Staff and developers must be trained on inclusive design and accessibility laws.
- Encourage user testing by PwDs to identify gaps.
- Technology Inclusion Mandate:
Ensure that AI-based verification tools support audio prompts, sign language, screen readers, and allow alternative forms of identification like thumb impressions.
Conclusion:
The Supreme Court's ruling is a watershed moment for digital equality in India. By recognising digital access as a constitutional right under Article 21, it acknowledges the centrality of technology in modern life. However, laws alone are insufficient. There must be strong enforcement, institutional awareness, and inclusive design thinking to ensure persons with disabilities are not left behind in India's digital journey.