Digital Disparities and Constitutional Mandates: Supreme Court’s Stand on Inclusion

Muskan Sharma
Muskan Sharma
Intern - Policy & Advocacy, CyberPeace
PUBLISHED ON
May 15, 2025
10

Introduction

On April 30, 2025, the Supreme Court of India delivered a landmark judgment that cast a sharp light on one of the most overlooked yet pressing issues in modern governance—digital inequity. In a country that has a staggering 900 million Internet users, the ruling highlights a disheartening reality, a paradox that brings the “digital divide” to centre stage. While India may be the world’s second-largest online market, a significant segment of its population remains digitally disenfranchised. The judgment, delivered in response to two interconnected petitions, underscored that access to the internet is no longer a luxury but a lifeline integral to exercising fundamental rights. The court pointed out in clear terms that the government must build a digital ecosystem that is inclusive and accessible to all and attributed the right to digital access as an intrinsic part of the right to life and liberty under Article 21 as enshrined under the Indian Constitution. 

Understanding the Context: What Prompted the Petitions? 

The judgment springs out of two writ petitions, which sought instructions or guidelines for people with blindness or limited vision and acid attack survivors, respectively, to conduct digital Know Your Customer (KYC)/e-KYC/video KYC mandated by RBI’s KYC Master Directions, 2016, which were reserved for judgment on January 28. The court delivered the judgment on April 30, 2025, emphasising the fact that true inclusion in this digital era is confounded in an inclusive digital infrastructure, and it must provide reasonable accommodation to those who face impediments due to any disability or disfigurement. 

In consonance with its view, it laid down various guidelines that ensure that all persons with disabilities or acid attack survivors are treated even when digital processes are involved in accordance with the provisions of the Right of Persons with Disabilities Act, 2016 (hereinafter referred to as “RPwD Act”)

Another major observation made by the Honourable SC judges is that the mode of facilitation of government services is through digital platforms, i.e., e-governance, and access to all these welfare schemes is the right of every citizen, irrespective of the fact that they suffer from any disability. The failure of the provisioning of e-governance of these facilities to these individuals is a gross failure of the objectives of these schemes. 

Key Observations and Directives

The court directed the government to release fresh guidelines that establish alternative methods to conduct digital KYC/e-KYC for all persons who suffer any impairment, low vision, or disfigurement with greater sensitivity, particularly for acid-attack survivors. The court made its intention very clear that the right to digital access is intrinsic to the right to life and liberty. All the tasks that are included within the ambit of digital KYC, such as pen-on-paper signatures, screen signatures, and the brief window for OTP entry, create an inaccessible and exclusionary framework, violating not just the dignity but the legal rights granted protection under the RPwD Act, 2016. The ruling directs a fundamental reimagining of digital governance through the lens of inclusion, equality, and dignity. 

Conclusion

The court is not mincing its words when it declares digital accessibility as a constitutional imperative; it has made it clear that bridging the digital divide is no longer optional but a legal duty. The decision marks the new beginning and a propeller of digital transformation, and a delightful amalgamation of digital access and the rights of people. The effect of this judgment will not be restricted to one class of people. Still, it will cater to all those individuals who face these obstacles on a daily basis due to the exclusionary nature of digital platforms. 

References

PUBLISHED ON
May 15, 2025
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