SC Declares Digital Access as Fundamental Right

SC Declares Digital Access as Fundamental Right

Why in the News ?

The Supreme Court ruled that inclusive digital access to e-governance and welfare services is part of the fundamental right to life and liberty. The court directed the government to improve digital KYC processes for disabled and marginalized individuals.

Supreme Court’s Judgment on Digital Access:

• The Supreme Court recognized digital access to governance and welfare systems as part of the fundamental right to life and liberty.
• The ruling emphasized the state’s obligation to create an inclusive digital ecosystem for marginalized and vulnerable groups, including the disabled, rural populations, and economically weaker sections.
• The court highlighted the need for accessible digital platforms to ensure equal participation in society, especially in areas like banking, welfare schemes, and government services.

Challenges Faced by Disabled Individuals

• The case, filed by acid attack survivors and a visually disabled individual, raised concerns about difficulties in completing digital KYC
• Acid attack victims face issues like facial trauma and visual impairments, preventing them from completing visual tasks required in KYC.
• These barriers hinder their ability to access essential services, such as opening bank accounts and availing welfare benefits.

Bridging the Digital Divide

• The court stressed that the digital divide—marked by unequal access to digital tools—perpetuates systemic exclusion.
• It called for the principle of substantive equality, ensuring that digital transformation is inclusive and equitable.
• The state’s responsibility under various constitutional articles was emphasized to ensure that digital infrastructure is universally accessible, especially for vulnerable and marginalized communities.