The Supreme court stressed that digital access is a key component of the Right to Life under Article 21. Lets learn more!

Background The ruling was based on a petition filed by a group of survivors of acid attacks who expressed concern about how disabled people, including victims of acid attacks, find it nearly impossible to complete the digital KYC processes, which include visual tasks. The Supreme Court ruled that the state has a duty to provide an inclusive digital ecosystem to the vulnerable, marginalised, underprivileged, and historically excluded sections of society.

The Court mandated the introduction of alternative verification mechanisms for those who are unable to use facial recognition or blink, and it called for complete adherence to Section 46 of the Rights of Persons with Disabilities (RPwD) Act, 2016, which requires accessibility in print and electronic media.

Universal accessibility requirements must be adhered to by digital platforms, mobile apps, and websites. The duty to guarantee universal access to digital infrastructure, government portals, and financial technology must be included in the state's responsibilities under Article 21 alongside Articles 14, 15, and 38 of the Constitution.

The Indian Constitution's Article 21

No one's life or personal freedom may be taken away from them unless a legally mandated process is followed. Part III of the Constitution, which deals with fundamental rights, includes Article 21. All people, citizens and non-citizens alike, are guaranteed it.

It restricts the state's ability to arbitrarily interfere with an individual's life and freedom. Courts have construed it over time to additionally place affirmative duties on the state to guarantee dignified life.

Rights Covered by Judicial Interpretation of Article 21

The Proper Landmark Case

The right to subsistence - Bombay Municipal Corporation v. Olga Tellis (1985)

The right to a hygienic environment - State of Bihar v. Subhash Kumar (1991)

Prior to Article 21A, the right to education- State of Karnataka v. Mohini Jain (1992)

The right to privacy Fairness - Union of India v. K.S. Puttaswamy (2017)

Indian Union v. Common Cause (2018): The right to a dignified death