Digital Access as a Fundamental Right

Prelims (GS I) – Indian Polity and Governance.

Mains (GS II) – Structure, organization and functioning of the Executive and the Judiciary| Inclusive growth and issues arising from it.

Why in news?

In a recent judgement the Supreme Court held that inclusive digital access to e-governance and welfare delivery systems is part of the fundamental right to life and liberty.

• The judgement addressed the concerns of the petitioners that disabled people find it nearly impossible to complete digital KYC processes.

Digital KYC is a process of verifying a customer’s identity using digital means, like e-documents, biometric data, or Aadhaar authentication, rather than traditional paper-based methods.

• The court interpreted the right to digital access as a fundamental right under the Article 21 (right to a dignified life) of the constitution.

Key observations and orders by the Court

• Bridging the digital divide is not merely policy discretion but a constitutional imperative.
• Digital transformation must be both inclusive and equitable.
• The unfriendly digital atmosphere has further marginalized vulnerable populations rather than integrating them into mainstream society.
• Revision of digital Know Your Customer (KYC) – To proactively design and implement inclusive digital ecosystems to make it accessible to persons with disabilities and other marginalized section of the society.
• It also asked the RBI to issue guidelines to all regulated entities to adopt alternative modes for verifying the liveness or capturing a live photograph to ensure inclusivity and user-convenience.
• Ensuring accessibility standards – The court asked various ministries to direct all the regulated entities, government or private, to follow accessibility standards.
• Appointing a nodal officer in every department responsible for digital accessibility compliance.
• Periodical audit – All regulated entities must mandatorily undergo periodical accessibility audit by certified professionals.

Reference

The Indian Express| Right to digital access part of right to life