The right to digital access is now recognized as an inherent part of the right to life and liberty, placing an obligation on the state to proactively design and implement inclusive digital ecosystems that serve not only the privileged but also the marginalized and historically excluded communities.
The Supreme Court on Wednesday (April 30, 2025) ruled that inclusive digital access to e-governance and welfare systems is an essential part of the fundamental right to life and liberty.
A Bench of Justices J.B. Pardiwala and R. Mahadevan affirmed that the state has a duty to ensure digital ecosystems are accessible to marginalized, vulnerable, disabled, and historically excluded communities.
Justice Mahadevan, who authored the judgment, stated, “The right to digital access is an intrinsic element of the right to life and liberty, obliging the state to design inclusive systems that serve not only the privileged but also the marginalized.”
The case stemmed from petitions highlighting how disabled individuals, including acid attack survivors, struggle with digital Know Your Customer (KYC) processes due to visual tasks. Justice Mahadevan noted that facial trauma and visual impairments hinder their ability to complete these tasks, often delaying access to banking and essential services.
The Court emphasized that digital exclusion worsens the situation for these populations, preventing their integration into society. It issued 20 directives to improve the digital KYC process.
In its judgment, the Supreme Court stressed that access to services, governance, education, and healthcare is increasingly digital, necessitating a reinterpretation of the right to life under Article 21 to account for technological realities. Bridging the digital divide has become a constitutional obligation to ensure dignity, autonomy, and equal participation.
The Court noted that systemic exclusion persists for people with disabilities (PwD), rural populations, senior citizens, and linguistic minorities due to digital infrastructure gaps. Invoking the ‘principle of substantive equality,’ the Court called for equitable digital transformation that accounts for accessibility barriers.
It concluded that the state’s responsibility extends to ensuring universal access to digital infrastructure, government portals, online education, and financial services for all vulnerable and marginalized groups, as outlined under Articles 21, 14, 15, and 38 of the Constitution.
