Supreme Court declares digital access a fundamental right under Article 21

HYDERABAD: The Supreme Court has held that digital access is a fundamental right under Article 21 of the Constitution, affirming that the right to life includes equal access to essential digital services. In a landmark judgment delivered on Wednesday, a bench comprising Justices J.B. Pardiwala and R.R. Mahadevan directed the Central Government to ensure that mandatory digital procedures like e-KYC are made accessible to persons with disabilities and acid attack survivors.

The judgment came in response to two Public Interest Litigations (PILs) challenging the inaccessibility of digital systems for marginalised individuals. The court observed that as essential services such as banking, healthcare, and education are rapidly shifting online, ensuring universal digital access has become a constitutional obligation.

Stressing the need to bridge the digital divide, the bench stated that no citizen can be excluded from digital participation. It emphasised that the government must ensure that all digital platforms – including government websites, education portals, and financial technology systems – are universally accessible.

The court advised the Centre to review and revise its digital frameworks, particularly e-KYC processes, to make them more inclusive. Notably, the bench issued 20 specific directives aimed at improving the accessibility of digital services for the vulnerable and disadvantaged.

The court’s pronouncement reinforces the interpretation of Article 21 to include modern dimensions of the right to life, stating that in the present technological landscape, access to digital services is no longer a luxury but a constitutional necessity.