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Recently, the Supreme Court of India, in the case of Amar Jain v. Union of India &Ors., declared that inclusive digital access to e-governance and welfare systems is an integral part of the fundamental right to life and liberty under Article 21 of the Constitution. The Court issued a set of 20 binding directions to enhance the accessibility of digital services, especially the Know Your Customer (KYC) process, for persons with disabilities (PwDs) and other marginalized groups.

Background of the Case

The ruling arose from petitions filed which highlighted that digital KYC processes, which rely heavily on visual and facial inputs, were discriminatory and inaccessible to individuals with visual impairments or facial disfigurements. This impeded their access to banking, welfare schemes, and essential services.

Key Supreme Court Observations

• Digital access is part of Article 21: The right to life and liberty must now be interpreted to include meaningful digital access, particularly as governance, education, and financial services shift online.
• Constitutional mandate, not policy choice: Bridging the digital divide is not discretionary but a constitutional obligation under Articles 14, 15, 21, and 38.
• Substantive Equality: Digital services must be inclusive and equitable, particularly for:
  • Persons with Disabilities (PwDs)
  • Rural and remote communities
  • Linguistic minorities
  • Senior citizens
  • Economically weaker sections
• Exclusion through technology: Digital platforms, in their current form, further alienate historically disadvantaged groups rather than empowering them.

Key Directives Issued by the Court

1. Revise digital KYC norms to be PwD-inclusive.
2. Reserve Bank of India (RBI) and other regulators must ensure universal accessibility.
3. Mandate accessibility audits by certified professionals.
4. Appoint nodal officers in each department to monitor compliance.
5. Include PwDs in digital platform design processes.
6. Ban discriminatory design features that rely solely on facial inputs.

Relevant Constitutional Provisions

Article                       Provision

Article 14                 Equality before law

Article 15                 Prohibition of discrimination

Article 21                 Right to life and personal liberty

Article 38               Directive for securing social justice and reducing inequalities

Precedents in Digital Rights Jurisprudence

• Maneka Gandhi v. Union of India (1978): Expanded Article 21 to include fair, just, and reasonable procedures.
• Faheema Shirin v. State of Kerala (2019): First Indian case to recognize right to internet access as part of Right to Life and Right to Education (Article 21A).
• Anuradha Bhasin v. Union of India (2020): Held that freedom of speech (Article 19(1)(a)) and right to trade (Article 19(1)(g)) apply to the internet.

Barriers to Digital Empowerment of PwDs

• Digital Literacy Gap: PwDs are underrepresented in programs like PMGDISHA.
• Weak Enforcement: Accessibility mandates under the Rights of Persons with Disabilities Act, 2016 are poorly implemented.
• Limited Assistive Technology (AT): Lack of affordable tools for facially disfigured or visually impaired individuals.
• Design Exclusion: Platforms that depend on facial cues (e.g., blinking, alignment) exclude acid attack survivors and visually impaired users.

Way Forward: Recommendations for Inclusive Digital Access

• Accessible Digital Infrastructure:
  • Promote screen readers, voice commands, haptic navigation, and AI-based assistive tech under Digital India.
  • Adhere to Web Content Accessibility Guidelines (WCAG).
• Disability-Focused Digital Literacy:
  • Collaborate with tech giants like Google/Microsoft to provide training in assistive technologies.
  • Expand schemes like PMGDISHA to include PwD-specific modules.
• Disability-Sensitive Urban Planning:
  • Incorporate assistive tech into Smart City projects.
  • Public infrastructure should have Braille, audio, and sign language-based digital signage.
• Inclusive Innovation Lab:
  • Establish Public-Private Innovation Hubs for developing affordable accessibility tech.
  • Encourage startups and NGOs to co-create need-based digital solutions for PwDs.