From digital divide to digital dignity: Amar Jain v. Union of India and the constitutional right to accessible technology in India

This case note analyses the recent Supreme Court decision in Amar Jain v. Union of India (2025). For the first time, the Court recognized digital accessibility as an enforceable constitutional right grounded in the right to life and personal liberty. It held that exclusion of persons wih disabilities from essential services through digital systems such as biometric or OTP-based eKYC constitutes a violation of constitutional rights. While the judgment marks a significant shift in Indian disability jurisprudence, this note argues that it falls short of fully operationalizing a substantive equality framework. The Court engaged only briefly with structural discrimination. It did not address whether constitutional obligations extend to private actors performing public functions. Nor did it articulate clear doctrinal standards for assessing digital exclusion. These gaps raise concerns about enforceability. This note reflects on those gaps and calls for an equality-driven approach to digital rights cases. Such an approach embeds accessibility within the constitutional commitment to substantive equality.

Authors

Institutions

Publication Details

Journal
International Journal of Discrimination and the Law
Published
2025-09-22
DOI
https://doi.org/10.1177/13582291251382491
Primary Topic
Digital Economy and Work Transformation
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

From digital divide to digital dignity: Amar Jain v. Union of India and the constitutional right to accessible technology in India

Maria Jawed, R Girish
International Journal of Discrimination and the Law
Digital Economy and Work Transformation
article

From digital divide to digital dignity: Amar Jain v. Union of India and the constitutional right to accessible technology in India

Maria Jawed, R Girish
article en

Abstract

This case note analyses the recent Supreme Court decision in Amar Jain v. Union of India (2025). For the first time, the Court recognized digital accessibility as an enforceable constitutional right grounded in the right to life and personal liberty. It held that exclusion of persons wih disabilities from essential services through digital systems such as biometric or OTP-based eKYC constitutes a violation of constitutional rights. While the judgment marks a significant shift in Indian disability jurisprudence, this note argues that it falls short of fully operationalizing a substantive equality framework. The Court engaged only briefly with structural discrimination. It did not address whether constitutional obligations extend to private actors performing public functions. Nor did it articulate clear doctrinal standards for assessing digital exclusion. These gaps raise concerns about enforceability. This note reflects on those gaps and calls for an equality-driven approach to digital rights cases. Such an approach embeds accessibility within the constitutional commitment to substantive equality.

International Journal of Discrimination and the Law
Gujarat National Law University (IN)
Openalex Percentile: Top 66%
Digital Economy and Work Transformation
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.