In a groundbreaking decision, the Supreme Court has ruled that digital access is a fundamental right. This ruling mandates that the State must ensure digital accessibility for all individuals, particularly focusing on those from rural areas and marginalized communities.
The judgment was delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan. Justice Mahadevan authored the ruling, while Justice Pardiwala described it as "brilliant."
The Supreme Court traced the right to digital access to several articles of the Constitution, notably Article 21, which guarantees the right to life and liberty. This was interpreted in conjunction with Articles 14 (equality before law), 15 (prohibition of discrimination), and 38 (the State's obligation to promote social welfare). The court highlighted that in today's digital age, essential services are increasingly provided through digital platforms, necessitating a reinterpretation of Article 21 in light of technological advancements.
This landmark ruling arose from two significant Public Interest Litigations:
In July 2023, Pragya Prasun approached a bank to open an account but could not complete the Digital KYC process, which required a live photograph featuring her blinking. Due to severe eye disfigurement from an acid attack, she was unable to fulfill this requirement.
Similarly, Amar Jain emphasized that the current KYC processes—such as capturing selfies, signing with a pen, or using a mouse—are inaccessible for individuals with disabilities, particularly those who are blind or have low vision.
The court issued 20 directives aimed at making the KYC process more inclusive. It stressed the importance of revising digital KYC guidelines to align with accessibility standards. Additionally, the court mandated that all government portals, educational platforms, and financial technology services must be universally accessible.
This judgment is deemed landmark as it establishes that bridging the digital divide is not merely a policy choice but a constitutional obligation to ensure a life of dignity for all citizens. The right to digital access is now recognized as a crucial aspect of the right to life and liberty, compelling the State to actively design and implement an inclusive digital ecosystem.
The Supreme Court acknowledged that the digital divide contributes to systemic exclusion of not just persons with disabilities, but also large segments of rural populations, senior citizens, economically disadvantaged communities, and linguistic minorities. The ruling asserts that the principle of substantive equality necessitates that digital transformation be inclusive and equitable.
The judgment was delivered on April 30, 2025.
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