Does Article 21 Include Right to Digital Access? A Step Toward Inclusive Governance
Why in News?
On April 30, 2024, the Supreme Court of India reinterpreted Article 21 of the Constitution to include the right to digital access, ensuring that digital Know-Your-Customer (KYC) norms become accessible for Persons with Disabilities (PwDs). 
Introduction
Digital services, especially those involving identity verification like KYC, have become essential to modern life. However, visually impaired individuals and others with disabilities often face exclusion due to inaccessible digital platforms. This issue prompted judicial intervention to expand the meaning of constitutional rights.
Key Issues and Background
1. The Basis of the Ruling
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Article 21 guarantees the right to life and personal liberty.
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The Supreme Court emphasized that accessibility for PwDs is a constitutional imperative, as established in the Rajive Raturi vs Union of India case.
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The ruling is rooted in the Rights of Persons with Disabilities (RPwD) Act, 2016, which requires digital and physical environments to be accessible.
2. Digital KYC and Exclusion
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KYC is mandatory under laws like the Prevention of Money Laundering Act, 2002.
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Digital KYC involves face scans, biometric verification, and random code reading—processes that are difficult or impossible for many PwDs.
The Core of the Concern
1. Accessibility Gaps
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Most digital interfaces lack accessibility features:
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No screen reader support
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No voice prompts or lighting options
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No alternate text for images
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Users with visual impairments, amputations, or acid attack injuries are severely disadvantaged.
2. RBI and UIDAI Guidelines
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Although the RBI’s KYC Master Directions require digital verification, they lack mandatory accessibility standards.
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This creates a legal and practical barrier for full digital participation.
Key Observations
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The court noted that “digital exclusion is a form of inequality.”
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Accessibility features should not only benefit PwDs but also the elderly, rural users, and marginalized groups.
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The issue has intensified post-COVID, as services became “digital by default.”
Challenges and the Way Forward
Challenges
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Financial institutions do not consistently comply with RPwD guidelines.
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Accessibility audits are rare.
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Government apps and portals are often not designed with universal usability in mind.
Steps Forward
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Mandate accessibility standards for all digital verification processes, including voice prompts and screen-reader compatibility.
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Train banking and tech staff to handle non-digital or assisted verification.
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Implement penalties for exclusionary digital practices.
Conclusion
The Supreme Court’s ruling marks a crucial step in recognizing that digital access is not a luxury but a fundamental right under Article 21. For true digital inclusion, government and financial institutions must adopt universal design principles that include every citizen, regardless of ability.
5 Questions and Answers
Q1. What recent decision did the Supreme Court make regarding digital access for PwDs?
A: The SC ruled that digital access is a constitutional right under Article 21 and must be made accessible for persons with disabilities (PwDs).
Q2. Why are current digital KYC methods problematic for PwDs?
A: Most KYC systems rely on face scans, biometric prompts, and screen-based interactions that are not accessible to visually impaired or physically disabled users.
Q3. What laws support the rights of PwDs in India?
A: The RPwD Act, 2016; the UN Convention on the Rights of PwDs (ratified by India); and Articles 14, 15, and 21 of the Constitution.
Q4. What are the SC’s key observations about digital exclusion?
A: The SC stated that digital exclusion equals inequality and that accessibility must extend to everyone, not just PwDs.
Q5. What steps are necessary to ensure accessible digital services?
A: Mandating inclusive design, adding assistive tech features, enforcing legal compliance, and training service providers in inclusive practices.
