Thank you dear subscribers, we are overwhelmed with your response.
Your Turn is a unique section from ThePrint featuring points of view from its subscribers. If you are a subscriber, have a point of view, please send it to us. If not, do subscribe here: https://theprint.in/subscribe/
In a watershed moment for constitutional rights and digital inclusion, the Supreme Court of India has declared that digital access is a fundamental right intrinsic to the right to life and liberty under Article 21 of the Constitution. This landmark verdict not only redefines the contours of Article 21 in the digital era but also imposes a constitutional obligation on the State to bridge the widening digital divide and ensure that the benefits of technological advancement reach every section of society.
The genesis of this historic ruling lies in petitions brought forth by acid attack survivors and visually impaired individuals, who faced insurmountable barriers in accessing essential banking and governance services due to rigid digital Know Your Customer (KYC) norms. The petitioners, denied access to digital KYC for inability to meet biometric requirements such as blinking for a live photograph, highlighted a glaring gap in the State’s much-touted ‘Digital India’ drive: the exclusion of persons with disabilities and other marginalized groups from the digital ecosystem. The Supreme Court, in its considered judgment, recognized that in today’s technology-driven society, access to essential services, governance, education, healthcare, and economic opportunities is increasingly mediated through digital platforms. The Court unequivocally stated that the right to digital access is now an “instinctive component” of the right to life and liberty, and that bridging the digital divide is no longer a matter of policy discretion but a constitutional imperative. The bench, comprising Justices JB Pardiwala and R Mahadevan, observed that the digital divide-marked by disparities in infrastructure, digital literacy, and accessible content-continues to perpetuate systemic exclusion for large sections of the rural population, senior citizens, economically weaker groups, linguistic minorities, and especially persons with disabilities.
Central to the Court’s reasoning was the invocation of the principle of substantive equality. The Court emphasized that digital transformation must be both inclusive and equitable, moving beyond mere formal equality to accommodate the varied needs of all citizens, particularly the vulnerable and historically excluded. The judgment drew upon constitutional provisions beyond Article 21, including Article 14 (right to equality), Article 15 (prohibition of discrimination), and Article 38 (directive to reduce inequalities), to reinforce the State’s duty to foster a just and inclusive digital society. In a series of sweeping directions, the Court mandated that all government websites, educational platforms, and financial technology services be made universally accessible. It ordered a comprehensive revision of digital KYC norms, directing authorities to adopt alternative authentication methods such as Braille, voice-enabled formats, and to retain paper-based options to ensure no one is left behind. The Court also underscored the need for compliance with accessibility codes and universal design standards across all digital public services, thus laying the groundwork for a more equitable digital infrastructure.
The implications of this verdict are profound and far-reaching. By recognizing digital access as a constitutional right, the Supreme Court has set a powerful precedent that will shape governance, policy, and the delivery of public services in the years to come. The judgment compels the State to move beyond tokenistic measures and invest in robust digital infrastructure, digital literacy initiatives, and accessible content, particularly in underserved rural and marginalized communities. It also places the onus on both government and private sector entities to design digital services that are truly inclusive, ensuring equal participation in public life for all citizens. Moreover, the verdict resonates with the evolving global discourse on digital rights. As societies worldwide grapple with the challenges of digital exclusion, censorship, and net neutrality, India’s highest court has affirmed that digital access is not merely a privilege but a right essential for the enjoyment of other fundamental rights-freedom of expression, education, and participation in cultural and civic life. The ruling is especially significant for strengthening democratic institutions, enhancing transparency, and enabling citizens to engage more actively in governance through digital means. At its core, the Supreme Court’s declaration is a clarion call to bridge the digital divide and uphold the dignity, autonomy, and equal rights of every individual in the digital age. It recognizes that technology, if harnessed inclusively, can be a powerful enabler of social justice and economic empowerment. Conversely, if access remains unequal, it risks deepening existing disparities and undermining the very foundations of constitutional democracy.
As India stands at the cusp of a digital revolution, the Supreme Court’s verdict serves as both a reminder and a mandate: the benefits of digital progress must be shared by all, not just a privileged few. The State must now act with urgency and resolve, translating the Court’s vision into concrete action-so that digital access truly becomes a gateway to dignity, opportunity, and justice for every citizen.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint.