Digital Access as a Fundamental Right – SC Judgment in Amar Jain v. Union of India (2025)

Theme

Key Judicial Rulings

Right to Digital Access

The Court held that digital inclusion is part of the right to life and dignity under Article 21, making it a constitutional obligation.

KYC Reforms

Directed the RBI and all regulated entities (public and private) to revise KYC norms to accommodate PwDs, especially those with visual impairments and facial disfigurements.

Accessibility Mandates

Ordered appointment of nodal officers, regular accessibility audits, and inclusion of PwDs in the design process of digital platforms.

Digital Divide

Recognised digital exclusion among PwDs, rural citizens, elderly, linguistic minorities, and the economically weaker sections.

Equality & Non-discrimination

Emphasized Articles 14, 15, 21, and 38, reinforcing that universal digital access is a constitutional imperative, not merely policy discretion.

Article

Provision

Relevance to the Case

Article 21

Right to Life and Personal Liberty

Digital access is now seen as a prerequisite to live a life with dignity and access essential services.

Article 14

Equality before Law

Denial of digital access to marginalised communities violates the principle of equal treatment and opportunity.

Article 15

Prohibition of Discrimination

KYC and online portals that exclude PwDs and linguistic minorities could amount to discrimination on grounds of disability or language.

Article 38

Directive Principles – Promote welfare of the people

Obligates the state to minimise inequalities in income, status, opportunities, including in digital access.

Case

Key Takeaway

Maneka Gandhi v. Union of India (1978)

Procedures affecting Article 21 must be just, fair, and reasonable — extends to digital systems.

Faheema Shirin RK v. State of Kerala (2019)

Kerala HC ruled right to Internet is part of Right to Life and Education (Art. 21 & 21A).

Anuradha Bhasin v. Union of India (2020)

SC upheld freedom of speech and business via internet under Article 19(1)(a) and 19(1)(g).

Stakeholder Group

Challenges Faced

Persons with Disabilities (PwDs)

Lack of assistive tech, inaccessible websites/apps, inability to comply with biometric requirements.

Rural Population

Weak connectivity, limited device ownership, and scarcity of content in regional languages.

Senior Citizens

Digital illiteracy and poor user interface design in platforms like banking or health portals.

Linguistic Minorities

Government websites often lack multi-language support, denying equitable access to vital information.

Economically Weaker Sections

Cannot afford smartphones or high-speed internet, leading to exclusion from online welfare services.

Measure

Implementation Suggestions

Inclusive Digital Infrastructure

Promote tools like screen readers, voice interfaces, and AI-based sign language through Digital India.

Disability-inclusive Digital Literacy

Tailor digital training for PwDs via NIEPMD partnerships with tech companies (e.g., Google, Microsoft).

Urban Planning with Assistive Tech

Use Smart City Mission to build PwD-friendly public spaces, including digital signage in multiple formats.

Inclusive Innovation Labs

Set up PPP-led innovation hubs to develop affordable assistive tech for scalable impact.

Term

Explanation

KYC (Know Your Customer)

Identity verification system used before account opening or financial transactions.

Digital KYC

Uses Aadhaar, biometrics, digital documents, often excluding those unable to comply visually.

CKYCRR (Central KYC Registry)

Centralised repository of KYC records under PMLA; 94+ crore records as of Sept 2024.

CERSAI

Government company maintaining digital KYC registry, ensuring unified verification across sectors.