Supreme Court of India: The Supreme Court of India has affirmed that inclusive digital access to e-governance and welfare systems is a fundamental right under Article 21 of the Constitution .
Digital access has increasingly been recognized as a fundamental right, essential for full participation in modern society . Here’s a breakdown:
- Rationale:
- Essential for Life and Liberty: Digital access is considered an integral part of the right to life and liberty, necessary for accessing essential services, information, and opportunities .
- Enables Exercise of Other Rights: It facilitates the exercise of other fundamental rights, such as freedom of speech and expression, education, and access to information .
- Promotes Equality: Ensuring digital access for vulnerable groups is seen as a constitutional obligation, essential for equal participation in public life .
- Legal and Judicial Recognition:
- Supreme Court of India: The Supreme Court of India has affirmed that inclusive digital access to e-governance and welfare systems is a fundamental right under Article 21 of the Constitution .
- Kerala High Court: The Kerala High Court recognized the right to access the Internet as part of the Right to Life under Article 21 and the Right to Education under Article 21A .
- Constitutional Basis in India:
- Article 21: Guarantees the right to life and personal liberty .
- Article 14: Ensures equality before the law .
- Article 15: Prohibits discrimination .
- Article 19(1)(a): Protects freedom of speech and expression, including online .
- Article 19(1)(g): Protects the right to practice any profession or to carry on any occupation, trade or business, including online .
- Article 38: Directive Principles of State Policy, promoting the welfare of the people .
- Challenges:
- Digital Divide: Significant disparities in access to technology and digital literacy persist, excluding marginalized communities, rural populations, senior citizens, and persons with disabilities .
- Obligations of the State:
- Ensure Accessibility: States have a responsibility to ensure that digital infrastructure, government portals, and financial technologies are universally accessible .
- Promote Digital Literacy: Governments should promote digital literacy programs to empower individuals to use digital resources effectively .
- Global Perspective:
- United Nations: The UN has recognized the importance of digital inclusion and has called for measures to bridge the digital divide and promote access to information and communication technologies for all .
In simple terms, digital access as a fundamental right means everyone should have the ability to use the internet and digital tools to participate fully in society. More comprehensively, this recognition entails legal affirmation, constitutional support, and state obligations to bridge the digital divide, ensuring equitable access and promoting digital literacy for all, especially vulnerable groups …
