Does Article 21 include right to digital access?, Pg12

Key Highlights:

• On April 30, the Supreme Court ruled that accessibility for persons with disabilities (PwDs) is a constitutional right, linked to Article 21’s right to life and dignity.
  • The Court directed revisions to KYC (Know Your Customer) digital norms to ensure inclusive digital access.

Detailed Insights:

1. What Rights Does Article 21 Guarantee?

• Article 21 guarantees the right to life and personal liberty, which has been judicially expanded to include:
  • Right to dignity
  • Right to privacy
  • Right to access public services (including digital infrastructure)

2. The Problem with Current KYC Systems:

• KYC digital systems (Aadhaar, banking apps, video verification) are not accessible to:
  • Visually impaired users (no screen reader cues)
  • Users with motor or cognitive impairments
  • Examples of exclusion:
  • Blind users often fail KYC due to camera alignment or PAN mismatches.
  • Biometric failures (fingerprints, retina) are common.
  • RBI directions lack accessibility safeguards.

3. Legislative Framework Supporting PwDs:

• RPwD Act, 2016 mandates:
  • Government measures to ensure digital and media access.
  • Use of assistive technology (screen readers, captions, audio cues).
  • Section 42 obligates “universal design” in public systems.

4. Supreme Court’s Judicial Stand:

• In Rajive Raturi v. Union of India (2024), Court reaffirmed:
  • Accessibility is a constitutional imperative under Article 21.
  • Digital systems must accommodate not just PwDs, but also:
    • Senior citizens
    • Poor, rural users
    • Technologically excluded
  • Directed that all digital frameworks (KYC, vaccination, government forms) be accessible.

Scientific/Technical Concepts Involved:

• Digital Divide: Inequity in access to digital tools due to physical, economic, or social barriers.
• Universal Design: Creation of systems usable by all people, regardless of disability.
• KYC (Know Your Customer): Process to verify customer identity for financial security.

Significance:

• This landmark ruling elevates accessibility as a core right in the digital governance era.
• Banks, telecoms, insurance, and public service providers must redesign systems to avoid exclusion-by-design.
• India moves closer to aligning with UNCRPD (United Nations Convention on Rights of Persons with Disabilities) mandates.

Mains Mock Question:

Discuss the significance of the Supreme Court’s ruling linking digital accessibility for persons with disabilities to Article 21 of the Constitution. How does this reshape the concept of digital governance in India?