Inclusive Digital access part of Article 21: Supreme Court | Current Affairs | Vision IAS
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    Inclusive Digital access part of Article 21: Supreme Court

    Posted 01 May 2025

    2 min read

    Recently, Supreme Court in Amar Jain V Union of India and Ors. judgment held that inclusive and meaningful digital access to e-governance and welfare delivery systems is a part of the fundamental right to life and liberty.

    Key Highlights of Judgment

    • Directed to revise the digital Know-Your-Customer (KYC) norms: To enable persons with facial disfiguration due to acid attacks or visual impairment to access banking and e-governance services.
      • Under the Rights of Persons with Disabilities Act, 2016, the Court issued twenty directions to make the eKYC process accessible to them.
    • Invoking the ‘principle of substantive equality’: Digital transformation must be both inclusive and equitable.
    • Part of Article 21: Right to digital access emerges as an instinctive component of the right to life and liberty.
    • State's obligation: Under Articles 21 [Right to a dignified life], 14 [Right to Equality], 15 [Right against discrimination], and 38 [directs the State to promote Social Justice] of the Constitution, state is obliged to ensure digital infrastructure to all vulnerable marginalized populations.

    Significance of inclusive digital access: Access essential governmental schemes, reducing rural-urban divide, access to online learning platforms, and financial technologies, inclusion of marginalised in development process, etc.

    Other Supreme Court Judgments concerning Right to Internet Access

    • Sabu Mathew George v. Union of India (2017): Directed search engines to proactively block advertisements related to pre-natal sex determination but clarified that it does not create any kind of curtailment in right to access information and freedom of expression.
    • Anuradha Bhasin v. Union of India (2020): Accessing the Internet for Freedom of Speech and Expression and the right to carry out trade is protected as a Fundamental Right under Article 19(1)(a) and Article 19(1)(g), respectively.
    • Tags :
    • Article 21
    • Article 19(1)(a)
    • Article 19(1)(g)
    • Anuradha Bhasin v. Union of India (2020)
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