Context: In a recent judgement, the Supreme Court has held that inclusive and meaningful digital access to e-governance and welfare delivery systems is a part of the fundamental right to life and liberty.
Relevance of the topic:
Prelims: Right to Digital Access.
Mains: Inclusive Development: Challenges and Government Initiatives.
Background: A two-judge SC bench was hearing a petition on how people with disability find it nearly impossible to successfully complete the digital Know Your Customer (KYC) processes, which include visual tasks.
Right to Digital Access
The Supreme Court held that:
- Right to Digital Access emerges as an instinctive component of the Right to life and personal liberty under Article 21 of the Indian Constitution.
- Invoking the ‘principle of substantive equality’, the SC held that digital transformation must be both inclusive and equitable.
- Since many welfare schemes and government services are provided through online platforms, bridging the digital divide has become a necessity to ensure a dignified life.
- The state has an obligation to provide an inclusive digital ecosystem to the marginalised, underprivileged, vulnerable, disabled, and historically excluded sections of society.
The SC issued directions to the government to improve the KYC processes, to make them more accessible.
Bridging the Digital Divide
The Supreme Court held that:
- Digital divide, characterised by unequal access to digital infrastructure, skills and content, continues to perpetuate systematic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities and linguistic minorities.
- Hence, the state should proactively design and implement inclusive digital ecosystems to serve not only the privileged, but also the marginalised.
The ruling emphasises the need for alternative identification methods in KYC processes for persons with disabilities. It highlights systemic exclusion faced by marginalised groups due to the digital divide. Hence, the right to life under Article 21 of the Constitution must be re-interpreted in light of changing technological realities.