Data PrivacySupreme Court DecisionsRight to Digital Access: A Fundamental Right Declared by the Supreme Court

INTRODUCTION

In the rapidly growing and advancing era, digital technologies are revolutionizing the way in which fundamental rights are exercised, protected, and infringed. As society transitions into the digital era, the legal system is progressively recognising and adopting the emerging rights through various frameworks and legislations.

The legislative framework put forth by the Government primarily focuses on providing digital rights and securing them. These frameworks are designed to guarantee secure, equitable, and transparent access to online information. The continuous evolution and advancement, such as the roll-out of 5G networks, Internet of Things (IoT), and Big Data, demand robust regulation to ensure safety and individual freedoms. Additionally, the emergence of digital ethics plays a vital role in addressing diverse challenges in the current digital landscape.

Over the past decade, technology and technical advancements have significantly reformed the nation. The Government has launched several programs and initiatives like Digital India, e-KYC, and online public service platforms etc., which provide aid in enhancing efficiency and maintaining transparency. This shift must be accompanied by a commitment to inclusivity at all levels.

The legislature must ensure that digital infrastructure is accessible to everyone, including persons with disabilities. Digitalisation is essential for ensuring their socio-economic inclusion and development. Moreover, in the present scenario, true digital inclusivity involves developing technologies that address diverse needs and therefore foster an inclusive and digitally empowered society.

EVOLUTION OF DIGITAL RIGHTS

The notion of digital rights is of utmost importance in the contemporary period, as it recognises the ability of an individual to access, use, and share digital content as well as the necessary access to digital devices and infrastructure. The rights provided to the individual in the digital form are an extension of the Universal Declaration of Human Rights (hereinafter referred to as “UDHR”), as it advocates for addressing the digital gap by endorsing equal digital access to everyone. Additionally, the UDHR  emphasises safeguarding access to the internet as a shared human resource and must be utilised by every individual without any form of discrimination or disparity.

Around 1996, an organisation, namely Electronic Frontier Foundation (hereinafter referred to as “EFF”), played a significant part in protecting the digital rights of individuals globally. Subsequently, the release of “A Declaration of the Independence of Cyberspace” played a vital role in highlighting the gaps between constitutional protections and digital rights. The legal advocacy and other subsequent efforts of the EFF helped lay the foundation for global recognition of digital rights as a fundamental right.

The digital rights typically means having:

• Universal access to the internet
• Equal access to the internet
• Freedom of communication and expression through digital mode
• Right to privacy as well as data protection
• Right to encryption
• Right of protection of minors
• Protection of intellectual property

These rights are critical in safeguarding technological developments that empower individuals without compromising freedoms, such as privacy or access to information.

However, even after rapid growth, development, and technological advancement,  digital rights in India remain inadequately structured and lack a comprehensive legislative framework. In early 2023, the legislature made efforts to codify cyber rights within a statutory framework. The legislature introduced the Digital Personal Data Protection Act, 2023 (hereinafter referred to as the “Act”), and in 2025, the Draft Digital Personal Data Protection Rules (hereinafter referred to as “Rules”) were introduced for public comments as well.

The Act, along with the Rules, provides for various rights to the individual, which are necessary for protecting their liberty. Further, the Hon’ble Supreme Court of India and High Courts, have recognised the existence of cyber rights within the existing framework of Fundamental Rights under the Constitution.

JUDICIAL RECOGNITION OF DIGITAL ACCESS AS A FUNDAMENTAL RIGHT

Although some cyber rights are recognised under Indian Constitution and statutory frameworks, a recent common judgment by the Hon’ble Supreme Court of India in two interlinked writ petitions of Pragya Prasun & Ors. v. Union of India & Ors., Writ Petition (Civil) No. 289 of 2024 and Amar Jain v. Union of India Writ Petition (Civil) No. 49 of 2025 marks a crucial step toward identifying digital access as an integral component of Article 21 of the constitution.

Several writ petitions were filed before the Hon’ble Supreme Court that addressed the difficulty and exclusion faced by disabled people in accessing some essential services due to the inaccessibility of the e-KYC process. The Petitioner highlighted how the current e-KYC process effectively denies persons with disabilities equal access to essential services such as banking and telecom. This was argued to be a serious violation of Article 21 of the Constitution, as well as other statutory rights and liberties.

In this case, the Hon’ble Court recognised that although the digital infrastructure and other regulations aimed to provide transparency as well as security, they failed to provide complete accessibility, thus creating an unconstitutional barrier towards basic entitlements in the digital era. Additionally, the Hon’ble Supreme Court highlighted and stressed the accountability of authorities to reform and bring changes in the e-KYC procedures with the aim and objective of making it accessible and inclusive for all.

This landmark decision recognised digital access as an integral component of the right to life and personal liberty under Article 21. Thus, it reinforced the constitutional guarantee of equality as well as non-discriminatory treatment for every person in the digital era.

IMPLICATIONS AND CHALLENGES

In response to the decision and findings of the Hon’ble Supreme Court, the Government and other private service providers must ensure that their digital platforms fully comply with the Hon’ble Supreme Court’s directions. These measures greatly benefit disabled persons, senior citizens, and those people who did not have proper access to technology.

Presently, while digital access is recognised as a fundamental right under Article 21, any future shutdowns and restrictions of Internet connectivity will need to satisfy the tests of legality and necessity.

However, the implementation of the ruling of the Hon’ble Supreme Court put forth significant challenges and difficulties. There are various Government portals and websites that fail miserably in accessibility standards set by the Hon’ble Supreme Court. These platforms require extensive updates to ensure compliance. Additionally,  digital literacy levels remain low in the country. Therefore, efforts must be made and steps must be taken to enhance and augment digital literacy among the people. Furthermore, to reinforce the decisions and directions of the court effectively and efficiently, the Parliament may consider enacting a dedicated legislative framework to support and enforce digital accessibility nationwide across sectors.

AMLEGALS REMARKS

The landmark judgment by the Hon’ble Supreme Court in the writ petition marks a progressive step towards inclusivity and non-discrimination for all citizens. It rightly recognizes that in the digital era, exclusion from various digital platforms equates to exclusion from fundamental services which are necessary for living life with liberty and dignity.

The Hon’ble Supreme Court acknowledged that barriers in accessing e-KYC amounts to a denial of constitutionally guaranteed rights and liberties. By invoking the principles of reasonable accommodation, the judgment bridges the gap between legal entitlement and practical usability for all disabled persons.

-Team AMLEGALS, assisted by Mr. Aditya Raj Pandey

For any queries or feedback, feel free to reach out to mridusha.guha@amlegals.com.