Digital Access Now a Fundamental Right: Supreme Court Landmark Ruling

New Delhi (The Uttam Hindu): The Supreme Court has ruled that digital access is a fundamental right and the State must ensure digital accessibility for everyone, including those from rural areas and marginalized sections of society. A bench of Justice JB Pardiwala and Justice R Mahadevan passed the landmark judgment on two Public Interest Litigations.

Landmark Judgment

The court's decision emphasizes that bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity. The right to digital access emerges as a distinct component of the right to life and liberty, necessitating that the State proactively design and implement an inclusive digital ecosystem. The court has issued 20 directions to the State to make the Know Your Customer (KYC) process more inclusive. The directions aim to address the challenges faced by individuals with disabilities, including acid attack survivors, in accessing digital services.

One of the PILs before the court was related to an acid attack survivor who suffered severe eye disfigurement and facial damage. She faced difficulties during the digital KYC process at a bank, which required her to blink before the camera to prove she was alive. The bank later made an exception for her after an uproar on social media. The court's decision recognizes that access to essential services such as healthcare is now largely mediated through digital platforms. Therefore, the right to life under Article 21 should be interpreted in light of technological realities. The ruling emphasizes the need for an inclusive digital ecosystem that accommodates the needs of all individuals, including those with disabilities.