Digital access for persons with disabilities recognised as a fundamental right

Reference

The Supreme Court has given directions to ensure 'digital access' for persons with disabilities (PwD). The court has reinterpreted the 'right to digital access' under Article 21 of the Constitution.

Right to Digital Access in India

• The right to digital access in India is considered as a fundamental right, which provides access to digital platforms to all citizens without any discrimination.
• This right ensures equal opportunity and justice, especially for persons with disabilities.
• Many legislative and judicial efforts are being made to ensure inclusivity and accessibility in the digital world.

Recent decision of the Supreme Court

• In the decision of Rajiv Raturi vs Union of India (2024), the court considered 'digital access' as a fundamental right and linked it to Article 21 of the Constitution.
• Article 21 of the Constitution guarantees the right to life and personal liberty.
• Linking it to digital access, the Supreme Court said that 'digital barriers' violate the right to life and liberty.
• Digital services should be accessible to persons with disabilities so that they can exercise their rights.
• The court directed that inclusive measures for persons with disabilities should be implemented in digital KYC processes.

Need for Divyangjan (PwD)

• There is a need to ensure access to digital services to Divyangjan (PwD) at par with normal citizens.
• It is mandatory to make digital services accessible especially for persons with visual impairment, hearing impairment and physical disabilities.
• Persons with disabilities face many barriers in identity verification, access to education, health services and government benefits.

Government efforts

• Rights of Persons with Disabilities (RPwD) Act, 2016: The Act aims to ensure inclusion, accessibility and support for persons with disabilities in the public and private sectors.
• Digital India: Accessible India Campaign aims to make websites and apps accessible.
• RBI guidelines: Video-based KYC (V-CIP) has been introduced but it is not yet fully accessible for PwD.
• Information and Communication Technology (ICT) Standards, 2021-22: Accessibility mandatory for digital platforms.
• Aadhaar reform: Allowing alternative methods in biometric authentication.

Challenges

• The current digital KYC framework poses several hurdles for persons with disabilities, such as visual impairment, thumbprint requirement and camera-alignment issues.
• Banks and financial institutions are required to collect KYC details but the process can be too complex for persons with disabilities.
• The KYC process does not give special attention to visually impaired persons, acid attack survivors and persons with other disabilities, leaving them out of digital services.

Way forward

• India should prioritise accessibility and inclusivity of digital platforms
• Further strengthen the framework created under the RPwD Act and ensure inclusivity in digital KYC processes
• Government should add special features to KYC processes, such as ‘text-to-speech’ and ‘self-verification’
• Government should spread more awareness to fully understand the digital rights of persons with disabilities. 
• Encourage banks and tech companies to develop accessible KYC and apps .