🗞️ Why in News The Supreme Court in January 2026 directed the Centre and the Reserve Bank of India to submit compliance reports on its landmark April 2025 ruling in Amar Jain v. Union of India, which declared the right to digital access a component of Article 21 — directing banks to make eKYC processes accessible for persons with visual disabilities and acid attack survivors, in a significant expansion of the right to life and personal liberty.
Supreme Court Ruling — Digital Access as Article 21 Right
In Amar Jain v. Union of India (W.P.© No. 49/2025) and the connected Pragya Prasun v. Union of India (W.P.© No. 289/2024), a Supreme Court bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan delivered judgment on April 30, 2025, ruling that:
- The right to digital access is an intrinsic component of the right to life and personal liberty under Article 21
- Inaccessible digital financial services (eKYC, mobile banking) constitute a denial of life’s essentials to persons with disabilities
- The government and RBI have positive constitutional obligations to make digital infrastructure inclusive
20 specific directions issued, including:
- RBI and banks to remove eye-blinking liveness checks from eKYC for acid attack survivors (whose eyes may be damaged)
- Mandatory audio prompts and screen-reader compatibility for all digital banking interfaces
- Dedicated grievance mechanisms for persons with disabilities in banking
- Mandatory sensitisation training for bank staff on disability-inclusive service
- Accessible formats for all government digital services
Article 21 — The Expanding Right to Life
Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Supreme Court has progressively expanded its scope through interpretation:
| Right Included in Art. 21 | Case | Year |
|---|---|---|
| Right to live with dignity | Francis Coralie Mullin v. UT of Delhi | 1981 |
| Right to livelihood | Olga Tellis v. Bombay Municipal Corporation | 1985 |
| Right to health | Paschim Banga Khet Mazdoor Samiti | 1996 |
| Right to education (until Art. 21A added) | Mohini Jain; Unni Krishnan | 1992 |
| Right to privacy | K.S. Puttaswamy v. Union of India | 2017 (9-judge bench) |
| Right to die with dignity (passive euthanasia) | Common Cause v. Union of India | 2018 |
| Right to internet (free flow of information) | Anuradha Bhasin v. Union of India | 2020 |
| Right to digital access | Amar Jain v. Union of India | 2025 |
Rights of Persons with Disabilities (RPwD) Act 2016
Rights of Persons with Disabilities (RPwD) Act, 2016:
- Enacted to align India’s domestic law with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) (2006; India ratified: 2007)
- Replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Key provisions of RPwD Act 2016:
| Provision | Detail |
|---|---|
| Disability categories | Expanded from 7 to 21 types |
| Reservation (Govt. jobs) | 4% horizontal reservation in central government posts (vs 3% under 1995 Act) |
| Reservation (Higher education) | 5% seats reserved in govt. higher educational institutions |
| Penalty | Up to 5 years imprisonment for discrimination against PwDs |
| Chief Commissioner | National apex authority for disability rights |
| ADIP Scheme | Assistance to Disabled Persons for Purchase of Aids and Appliances |
21 disability types under RPwD 2016 (select): Blindness, low vision, deaf-blindness, hearing impairment, locomotor disability, intellectual disability, specific learning disabilities (dyslexia), autism spectrum disorder, mental illness, chronic neurological conditions, multiple sclerosis, thalassemia, haemophilia, sickle cell disease.
Accessible India Campaign (Sugamya Bharat Abhiyan)
| Parameter | Detail |
|---|---|
| Launched | December 3, 2015 (International Day of Persons with Disabilities) |
| Ministry | Social Justice and Empowerment |
| Three pillars | Built environment accessibility; Transport accessibility; ICT/web/mobile accessibility |
| Target | 100% accessible government buildings, airports, railway stations |
| Web Accessibility | WCAG 2.0 Level AA compliance for all government websites |
India’s Disability Profile
- Estimated population with disabilities: 2.21 crore (Census 2011); actual estimates: 5–7 crore (WHO-based methodology)
- Visually impaired: ~50 million (one of the world’s largest populations of visual impairment)
- Deaf/hard of hearing: ~6.3 million
- Locomotor disability: Largest category in Census 2011 (~20% of PwDs)
Employment gap: Persons with disabilities have a labour force participation rate of ~36% vs ~55% for general population — a 19-percentage point gap largely driven by inaccessible workplaces and discrimination.
UPSC Relevance
Prelims: RPwD Act 2016 (21 categories; 4% horizontal reservation in govt. jobs; UNCRPD; replaced 1995 Act); Art. 21 expansion — Amar Jain (digital access, 2025); Anuradha Bhasin (internet, 2020); Puttaswamy (privacy, 2017); Sugamya Bharat Abhiyan (2015; 3 pillars; Ministry of Social Justice); UNCRPD (2006; India ratified 2007). Mains GS-2: Constitutional Law — judicial expansion of Art. 21; social justice — disability rights framework; digital inclusion as a right; GS-4 Ethics — access and inclusion as ethical imperatives.
📌 Facts Corner — Knowledgepedia
Key Case — Amar Jain v. Union of India (April 30, 2025):
- Bench: Justice J.B. Pardiwala + Justice R. Mahadevan
- Ruling: Right to digital access = component of Article 21 (right to life and personal liberty)
- Directions: Accessible eKYC; remove eye-blink liveness checks for acid attack survivors; screen-reader compatibility for banking apps; bank staff sensitisation
- Context: Advocates + disability rights activists petitioned for accessible eKYC for visually impaired and acid attack survivors
Article 21 Milestones:
- Maneka Gandhi (1978): Procedure must be fair, just, reasonable
- Olga Tellis (1985): Right to livelihood = right to life
- Puttaswamy (2017): Privacy = fundamental right (9-judge bench)
- Common Cause (2018): Passive euthanasia = right to die with dignity
- Anuradha Bhasin (2020): Internet access = exercise of Art. 19 + Art. 21 rights
- Amar Jain (2025): Digital access = Art. 21 right
RPwD Act 2016:
- Enacted: 2016 | Replaced: PwD Act 1995
- Aligned with: UNCRPD (2006); India ratified UNCRPD: 2007
- Disability categories: 21 (up from 7 under 1995 Act)
- Reservation (govt. jobs): 4% horizontal (up from 3%)
- Reservation (higher education): 5% seats in govt. HEIs
- Chief Commissioner: Apex national authority for disability rights
Sugamya Bharat Abhiyan:
- Launched: December 3, 2015 (International Day of Persons with Disabilities)
- Ministry: Social Justice and Empowerment
- Pillars: Built environment + Transport + ICT accessibility
- WCAG 2.0 Level AA compliance mandated for all govt. websites
India’s Disability Data:
- Census 2011: 2.21 crore | WHO estimate: ~5–7 crore
- Visually impaired: ~50 million
- LFPR gap: PwDs ~36% vs general ~55% (19-pp employment gap)
Other Relevant Facts:
- World Braille Day: January 4 (Louis Braille born 1809)
- International Day of Persons with Disabilities (IDPD): December 3 (UN since 1992)
- Article 41 (DPSP): “Right to work, education and public assistance in cases of unemployment, old age, sickness and disablement”
- eKYC: Electronic Know Your Customer; used by banks/financial institutions for identity verification via Aadhaar biometrics
- UNCRPD Article 9: Accessibility — States must ensure equal access for PwDs to information, communication, and other services
Sources: Supreme Court of India, MSJE, LiveLaw, The Hindu