Right To Digital Access Part of Article 21

Syllabus: GS2/ Polity and Governance

Context

• The Supreme court emphasized that digital access is a crucial component of the Right to Life under Article 21.

Background

• The judgment was based on a petition filed by a group of acid attack survivors.
• They raised concerns about how disabled people, including acid attack victims, find it nearly impossible to successfully complete the digital KYC processes, which include visual tasks.

Supreme Court Ruling

• The court said that the state has an obligation to provide an inclusive digital ecosystem to the marginalised, underprivileged, vulnerable, disabled, and historically-excluded sections of society. 
• Directive to Improve KYC Accessibility:
  • The Court mandated that alternative verification mechanisms must be introduced for those unable to blink or use facial recognition.
  • It also called for full compliance with Section 46 of the Rights of Persons with Disabilities (RPwD) Act, 2016, which mandates accessibility in electronic and print media.
  • Websites, mobile applications, and digital platforms must be made compliant with universal accessibility standards.
• The state’s obligations under Article 21, with Articles 14, 15 and 38 of the Constitution, must encompass the responsibility to ensure that digital infrastructure, government portals, and financial technologies are universally accessible.

Article 21 of the Indian Constitution

• No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Article 21 is part of the Fundamental Rights, Part III of the Constitution. It is guaranteed to all persons, citizens and non-citizens alike.
• It places a restriction on the state from arbitrarily interfering with a person’s life and liberty.
  • Over time, courts have interpreted it to also impose positive obligations on the state to ensure a dignified life.

Rights Included Under Article 21 ( Judicial Interpretation)

Source: TH