Digital Access a FR under Right to Life and Liberty: Supreme Court

Why in the News?

The Supreme Court has ruled that inclusive and meaningful Digital Access to e-governance and welfare systems is a part of the Fundamental Right to Life and Liberty under Article 21 of the Indian Constitution.

Key Highlights of the Judgment:

  • Inclusive Digital Access: The Court ruled on April 30, 2025, that access to e-governance and welfare systems is a fundamental right under Article 21, requiring inclusive digital ecosystems, especially for marginalised groups.
  • Focus on KYC Processes: It issued 20 directions to make digital KYC processes more accessible for acid attack survivors and the visually impaired.
  • Digital Divide: It recognised the digital divide as a constitutional issue, emphasising the need for equal access to digital platforms for essential services and opportunities.

About Article 21 of the Indian Constitution and its Scope:

  • Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Initially focused on protecting life from arbitrary state action, it has been expanded to include living with dignity.
  • Key Judicial Expansions:
    • Maneka Gandhi vs. Union of India (1978): Right to live with dignity, requiring a fair, just, and reasonable procedure.
    • Sunil Batra vs. Delhi Administration (1978): Right to live a healthy life and preserve cultural heritage.
    • Bandhua Mukti Morcha vs. Union of India (1984): Linking Article 21 with the Directive Principles of State Policy, ensuring abolition of forced labour.
    • Subramaniam Swamy vs. Union of India (2016): Recognized right to reputation as part of Article 21.
    • Olga Tellis vs. Bombay Municipal Corporation (1985): Recognized right to livelihood as part of Article 21.
    • Aruna Shanbaug case (2011): Recognized the right to die with dignity as part of Article 21.
    • K.S. Puttaswamy vs. Union of India (2017): Right to privacy recognized as an essential part of Article 21.

Other Judgments Related to Digital Empowerment

  • Maneka Gandhi v. Union of India (1978): Laid the foundation for inclusive digital rights, stating that procedures restricting fundamental rights must be fair, just, and reasonable.
  • Faheema Shirin RK v. State of Kerala (2019): Recognized right to access the internet as part of Article 21 and Article 21A (Right to Education). Denying students internet access in hostels was held unconstitutional.
  • Anuradha Bhasin v. Union of India (2020): SC held that Article 19(1)(a) protects the freedom of speech and expression via the internet, and Article 19(1)(g) safeguards the right to trade online. Restrictions on these rights must meet the tests of reasonableness and proportionality.

 

[UPSC 2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Options: (a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21*

 

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