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

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.