From the Digital Divide to Digital Access: An Analysis of the Supreme Court’s Jurisprudence on Persons with Disabilities

Paper Code: AIJACLAV10RP2026

Category: Research Paper

Date of Publication: Sep 10, 2026

Author Details

Advocate Febby, Advocate at District Court, Chandigarh

From the Digital Divide to Digital Access: An Analysis of the Supreme Court’s Jurisprudence on Persons with Disabilities

Abstract

This paper examines the impact of rapid digitalisation on persons with disabilities, focusing on the shift from a ‘digital divide’ to a framework of ‘digital access’ in India. The digital transformation of essential services such as education, health care, employment, banking, and government services has improved our lives by increasing efficiency and convenience. However, it has also created barriers for persons with disabilities due to inadequate digital infrastructure and a lack of digital accessibility. This digital divide has caused the exclusion of such persons and restricted their full and equal participation in society. The paper explores the evolution of the Supreme Court’s jurisprudence on digital inclusion for persons with disabilities and highlights how the court has recognised the principles of accessibility and reasonable accommodation as essential components of fundamental rights enshrined under Articles 14, 19 and 21 of the Constitution of India. It also analyses the latest Supreme Court case, Amar Jain v. Union of India (2025), which marks a watershed moment for advancing digital inclusion. Further, the paper studies the national and international legal frameworks relating to the rights of persons with disabilities and digital inclusivity. Adopting a doctrinal methodology, the study draws on judicial decisions and relevant research. The paper highlights how the judiciary played a very crucial role in promoting digital access from a mere policy matter to the constitutional mandate under Article 21 of the Constitution of India. The paper concludes that ensuring digital accessibility is essential for achieving substantive equality and inclusive justice for persons with disabilities in the digital age.

Keywords: Digital Divide, Digital Access, Persons with Disabilities, Supreme Court’s Judgements, Legal Framework, Digital Inclusion.