Digital Access as a Fundamental Right

Bhushan, Tripti and Srivastava, Spandan (2025) Digital Access as a Fundamental Right. Economic and Political Weekly, 60 (21). ISSN 0012-9976

[thumbnail of lelx21210525letter_0.pdf] Text
lelx21210525letter_0.pdf - Published Version
Restricted to Repository staff only

Download (179kB) | Request a copy

Abstract

The Supreme Court on 30 April 2025—in Amar Jain v Union of India—acknowledged the right to digital access as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court ruled that in a world where digital platforms are required to access basic services like banking, healthcare, education, and government programmes, denying equal access to digital content amounts to exclusion and discrimination. Amar Jain—a lawyer with visual impairment and an advocate for disability rights—filed the case after pointing out that the majority of government websites, mobile applications, and digital services are inaccessible to people with disabilities. The Court concurred that the state must guarantee everyone’s access to digital content, parti­cularly those with disabilities and that such access is a matter of right rather than charity. This decision is significant for a number of reasons. First, it protects the rights of millions of disabled Indians who struggle on a daily basis due to inaccessible digital infrastructure. Second, it restates India’s adherence to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Rights of Persons with Disabilities Act, 2016. Third, it makes it abundantly evident that digital inclusion is a constitutional requirement rather than a choice.

Item Type: Article
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Public Administration
Social Sciences and humanities > Social Sciences > Public Policy
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 28 May 2025 06:15
Last Modified: 28 May 2025 06:15
Official URL: https://www.epw.in/journal/2025/21/letters/digital...
URI: https://pure.jgu.edu.in/id/eprint/9572

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item