Syllabus:

GS 2: Important Aspects of Governance, Transparency and Accountability, E-governance- applications, models, successes, limitations, and potential; Citizens Charters, Transparency & Accountability and institutional and other measures.

Context: 

Recently, the Supreme Court of India ruled that digital access is an integral fundamental right to life and personal liberty guaranteed under Article 21 of the Indian Constitution.

More on the News

• The judgment stemmed from a petition filed by a group of acid attack survivors who highlighted the difficulties faced by persons with disabilities especially acid attack victims in completing digital KYC processes that rely heavily on visual tasks.
• A bench of Justices J B Pardiwala and R Mahadevan issued this as part of a series of directions to the Centre and various public bodies, including the RBI, in response to two writ petitions seeking to make the digital KYC process more inclusive for individuals with visual impairments and acid attack survivors.
• In the 2025 case of Amar Jain v. Union of India & Others, the Supreme Court of India held that inclusive digital access to e-governance and welfare systems is a fundamental aspect of the right to life under Article 21 of the Constitution.

Supreme Court (SC) Ruling

Revision of digital Know Your Customer (KYC) norms: 

• Facial trauma, disfigurement and visual impairments make it extremely difficult for acid attack survivors to perform basic actions such as moving their heads, blinking or aligning their faces within designated screen frames.
• Consequently, they face severe obstacles in verifying their identity digitally, leading to prolonged delays in opening bank accounts or accessing essential services and government welfare schemes.
• The SC observed that the current digital environment, rather than aiding the reintegration of these individuals into mainstream society has further marginalized and excluded them.

Digital Divide:

• The digital divide marked by unequal access to infrastructure, skills and content—continues to marginalize not just persons with disabilities but also rural populations, senior citizens, the economically weaker and linguistic minorities.
• The SC held in today’s digital age, where access to essential services, governance, education, healthcare and economic opportunities is increasingly dependent on digital platforms, the right to life under Article 21 of the Constitution must be reinterpreted to reflect these technological advancements.

Need for Inclusivity and Equity: 

• The SC asserted that digital transformation must ensure both inclusivity and equity by invoking the principle of substantive equality. 
• The Constitution must mandate that digital infrastructure, government portals, online platforms and financial technologies are accessible and responsive to all vulnerable and marginalized groups, in accordance with various provisions.
• Article 21: Right to a dignified life 
• Article 14: equality
• Article 15: Prohibition of discrimination
• Article 38: Directive Principles of State Policy

Mains Question:

Q. To what extent has the digital divide been exaggerated in India due to the impairment and exclusion of people with disabilities? Analyze the challenges and suggest measures to bridge this gap in the context of inclusive digital access.

UPSC PYQ

Appropriate local community-level healthcare intervention is a prerequisite to achieve ‘Health for All ‘in India. Explain. (CSE 2018)