02-May-2025
Article 21
Indian Polity
Why in News?
Recently, the Supreme Court of India in its ruling in Amar Jain v. Union of India and Ors. has recognized inclusive and meaningful digital access to e-governance and welfare delivery systems as a fundamental right under Article 21 (Right to Life and Liberty).
Key Highlights of the Judgment:
- Revision of KYC Norms: The Supreme Court has directed the revision of digital Know-Your-Customer (KYC) norms to enable people with disabilities, including those with facial disfiguration (such as victims of acid attacks), or visual impairments, to access banking and e-governance services.
- Principle of Substantive Equality: The judgment stresses that digital transformation should be inclusive and equitable, ensuring that all sections of society benefit equally from digital services.
- Part of Article 21: Digital access is now considered a core part of the fundamental right to life and liberty, making it a constitutional obligation to provide digital infrastructure to all citizens, particularly vulnerable and marginalized groups.
- State's Obligation: According to the Court, the state must ensure equal access to digital infrastructure under Article 21 (Right to Life), Article 14 (Right to Equality), Article 15 (Right Against Discrimination), and Article 38 (Social Justice), to ensure fairness and equity in digital access.
Significance of Inclusive Digital Access:
- Ensures access to essential government schemes.
- Reduces the rural-urban divide.
- Facilitates access to online learning platforms, financial services, and other digital tools, crucial for marginalized communities to participate fully in the development process.