The Supreme Court in Amar Jain v. Union of India (2025) held that inclusive digital access is part of the fundamental right to life and liberty under Article 21.

Key Highlights of the Case

• Background of the Case: The petition was filed by acid attack survivors and visually impaired individuals who were unable to complete digital Know Your Customer (KYC) due to disability-related limitations.
• Issue with KYC Process: Existing digital KYC required live facial verification like blinking or positioning, which excluded those with visual impairments or facial disfigurement.
• Violated Rights:  The petition highlighted violation of:

• • Article 21 (Right to Life and Dignity)
  • Article 14 (Right to Equality)
  • Article 15 (Prohibition of Discrimination)
  • Article 38 (Directive Principle for Social Justice)
• Supreme Court (SC) Decision: Recognized digital access as a constitutional right and issued 20 directions to the government and RBI to revise KYC norms, provide accessible alternatives (e.g., Braille, voice-assisted), and continue paper-based options.

About the Right to Digital Access

• Digital access refers to the ability of individuals or groups to access and effectively utilize digital technologies and resources. 
• This encompasses various aspects, including access to the internet, computers, smartphones, software, and digital services
• Digital Access as a Constitutional Imperative and is an “instinctive component” of Article 21, as it is vital for accessing governance, education, healthcare, and welfare services.
• Substantive Equality Principle: The judgment applied this principle to stress that digital platforms must account for diverse abilities, not just offer formal equality.
• Global Recognition as Right : The UN Human Rights Council declared internet access a human right in 2016, building upon the earlier recognition of this right by countries like Costa Rica (2010), Finland (2009), and Estonia (2000).

Challenges to Digital Access

• Barriers for Marginalized Groups: Persons with disabilities (PwDs), rural communities, senior citizens, and linguistic minorities face systemic exclusion due to inaccessible infrastructure and content.
• Technological Discrimination: Many digital interfaces are designed without inclusive features like voice support, tactile interfaces, or regional languages, excluding vulnerable users.

Government Initiatives to Improve Digital Access

• Digital India Mission: Launched to transform India into a digitally empowered society by expanding internet access, e-governance, and digital literacy.
• BharatNet and PMGDISHA: BharatNet aims to connect rural areas with high-speed internet; PMGDISHA focuses on digital literacy for rural citizens.
• Accessible India Campaign: Promotes inclusive infrastructure in digital services for persons with disabilities under the Rights of Persons with Disabilities Act, 2016.

Significance of Digital Access as a Fundamental Right

• Enables Equal Participation: Digital inclusion allows marginalized groups to access financial services, social welfare schemes, and online education, ensuring autonomy and dignity.
• Reduces Rural-Urban Divide:Access to online platforms helps bridge socio-economic gaps between urban and rural areas.
• Supports Inclusive Development:Recognizing digital access as a fundamental right ensures no citizen is left behind in the digital transformation process.

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