<p>The <a href="https://www.deccanherald.com/tags/supreme-court">Supreme Court </a>has expanded the scope of fundamental rights by stating that inclusive and meaningful digital access to e-governance and welfare delivery is a part of the right to life and liberty under Article 21 of the Constitution. </p><p>The court has said that the state has a responsibility to provide an inclusive digital ecosystem to the marginalised, underprivileged, vulnerable, disabled, and historically excluded sections of society. </p><p>It has accordingly issued directions to the government to improve the Know Your Customer (KYC) processes so that they can be made accessible to all sections. The directive obligates the Reserve Bank of India (RBI) and all government departments to revise the digital KYC norms for people with facial disfigurements, the visually challenged, the hearing impaired, and the digital semi-literate for banking and similar purposes. </p><p>They have to develop alternative formats such as Braille and voice-enabled services to ensure accessibility to those services for all.</p>.<p>The court’s ruling and directions were based on petitions including one by an acid attack survivor who could not open a bank account in 2023 because her eyes were disfigured. </p><p>There are many others whose disabilities make them ineligible to access benefits that demand compliance with the existing KYC processes. The court also observed that there are large sections of rural populations, senior citizens, and economically weaker communities who were affected by the digital divide. Bridging the digital divide was necessary to "ensure a dignified life” for all sections of people because everyone has digital rights. </p><p>It is only when all government portals, learning platforms, and financial technology services are “universally accessible” to all vulnerable and marginalised sections that the principle of substantive equality will become real. Denial of legitimate rights to persons who suffer mental or physical disability amounts to discrimination.</p>.<p>It is a surprise that such a grave matter of injustice and discrimination against a large section of citizens was not given due attention till now. The court did well to make it clear that bridging the digital divide is no longer a matter of policy but a constitutional imperative. That is why it decided that the right to life should be reinterpreted to include the right to digital access because of the advances in technology that have touched the lives of all citizens. </p><p>The recognition of the right to digital access as a fundamental right, and hence justiciable, could also make it difficult for the government to declare internet shutdowns. The ruling has empowered citizens with an important right because the failure to provide digital connectivity to any citizen, not just the disabled, on any ground could be challenged now.</p>
<p>The <a href="https://www.deccanherald.com/tags/supreme-court">Supreme Court </a>has expanded the scope of fundamental rights by stating that inclusive and meaningful digital access to e-governance and welfare delivery is a part of the right to life and liberty under Article 21 of the Constitution. </p><p>The court has said that the state has a responsibility to provide an inclusive digital ecosystem to the marginalised, underprivileged, vulnerable, disabled, and historically excluded sections of society. </p><p>It has accordingly issued directions to the government to improve the Know Your Customer (KYC) processes so that they can be made accessible to all sections. The directive obligates the Reserve Bank of India (RBI) and all government departments to revise the digital KYC norms for people with facial disfigurements, the visually challenged, the hearing impaired, and the digital semi-literate for banking and similar purposes. </p><p>They have to develop alternative formats such as Braille and voice-enabled services to ensure accessibility to those services for all.</p>.<p>The court’s ruling and directions were based on petitions including one by an acid attack survivor who could not open a bank account in 2023 because her eyes were disfigured. </p><p>There are many others whose disabilities make them ineligible to access benefits that demand compliance with the existing KYC processes. The court also observed that there are large sections of rural populations, senior citizens, and economically weaker communities who were affected by the digital divide. Bridging the digital divide was necessary to "ensure a dignified life” for all sections of people because everyone has digital rights. </p><p>It is only when all government portals, learning platforms, and financial technology services are “universally accessible” to all vulnerable and marginalised sections that the principle of substantive equality will become real. Denial of legitimate rights to persons who suffer mental or physical disability amounts to discrimination.</p>.<p>It is a surprise that such a grave matter of injustice and discrimination against a large section of citizens was not given due attention till now. The court did well to make it clear that bridging the digital divide is no longer a matter of policy but a constitutional imperative. That is why it decided that the right to life should be reinterpreted to include the right to digital access because of the advances in technology that have touched the lives of all citizens. </p><p>The recognition of the right to digital access as a fundamental right, and hence justiciable, could also make it difficult for the government to declare internet shutdowns. The ruling has empowered citizens with an important right because the failure to provide digital connectivity to any citizen, not just the disabled, on any ground could be challenged now.</p>
