Supreme Court Declares Digital Access as a Fundamental Right Under Right to Life and Liberty

 
In a significant judgment, the Supreme Court of India ruled that inclusive digital access, especially for e-governance and welfare schemes, is integral to the fundamental right to life and liberty under Article 21 of the Constitution. The ruling came while addressing the challenges faced by disabled persons in completing mandatory digital KYC procedures.

Summary in Short Points:

• Supreme Court recognized digital access as part of the Right to Life and Liberty (Article 21).
• The judgment arose from a petition about the difficulties disabled persons face in completing digital KYC.
• The Court emphasized that the state must ensure inclusivity in digital systems, especially for vulnerable and marginalized groups.
• The ruling mandates governments to build an inclusive digital ecosystem.
• Sets a precedent for expanding access to welfare and public services through accessible digital means.

Detailed Explanation for RAS Aspirants: 

Background & Context:

India’s digital transformation has been rapid, with e-governance, Aadhaar authentication, KYC processes, and online public service delivery becoming the norm. However, accessibility and digital inclusion remain critical concerns, especially for persons with disabilities and marginalized groups.

The Supreme Court ruling, in this context, redefines how constitutional rights apply in the digital age.

What the Supreme Court Said:

• The Bench of Justices J.B. Pardiwala and R. Mahadevan highlighted that access to digital platforms for essential services is not a luxury, but a right.
• It ruled that denying digital access or making it inaccessible amounts to violation of Article 21, which guarantees the right to life and personal liberty. 

Implications of the Judgment:

• Digital Access = Human Right: A person’s inability to access digital platforms must now be considered a rights violation.
• Policy Reform Needed: Governments (central and state) are now under constitutional obligation to ensure:
• Accessible apps and websites (in line with Web Content Accessibility Guidelines - WCAG)
• Inclusive KYC processes (alternative to biometric or visual-only methods)
• Multilingual interfaces for public platforms
• Disability Rights Strengthened: Reinforces provisions of the Rights of Persons with Disabilities Act, 2016 in the digital realm.
• E-Governance Must Be Inclusive: Ensures that schemes like DBT, PMAY, pensions, and more must be digitally accessible to all sections.

Relevance to RAS Exam:

This case connects multiple syllabus areas:

• Polity and Constitution: Fundamental Rights (Article 21), Judicial Activism, Role of Supreme Court.
• Governance: E-governance, Digital India, Inclusivity.
• Social Justice: Rights of marginalized and disabled.
• Current Affairs: Supreme Court judgments, evolving interpretations of rights.

Example for Mains Answer:

If asked about the digital divide or social inclusion in governance, quote this judgment to show how the judiciary is expanding the scope of welfare rights in the digital age.

Conclusion:

This Supreme Court judgment is a progressive interpretation of the Constitution, ensuring that India’s digital transformation does not leave behind the disabled or disadvantaged. It is a clarion call for inclusive policymaking in the digital era, safeguarding dignity and equality for all citizens.

MCQs:

1. According to the recent Supreme Court judgment, what constitutional article is digital access now linked with?
A. Article 14
B. Article 19
C. Article 21
D. Article 32
Answer: C. Article 21

2. Which of the following was a primary concern in the SC case regarding digital KYC?
A. Internet shutdowns
B. Cybersecurity threats
C. Inaccessibility for disabled persons
D. Blockchain technology use
Answer: C. Inaccessibility for disabled persons