AUTHOR BY- T.S. ACHALA / GUJARAT NATIONAL LAW UNIVERSITY
INTRODUCTION
Increasing digitalisation and the creation of networking across the world has increased the usage of devices and other technologies in allowing for the participation of persons with ease in their everyday activities. Be it in the workplace or education, healthcare or even governance, has witnessed a close to complete digitalisation and has now become the default mode of interaction and information. The question arises, keeping in line with the notions of equality and dignity to all persons, which is closely related to the availability and accessibility to all classes of persons, regardless of any societal restrictions that may be present. For individuals with disabilities, the elderly, or socio-economically marginalised groups, the answer has profound implications. Therefore, this article delves into the necessity of answering the same.
A notable event that brought to light the instance of accessibility in the digital age would be the COVID crisis that put a halt to the activities of humans and redefined the “normal” to that which is intertwined with digitalisation and increased use of digital spaces. This positive connotation of the crisis also brought forth the huge disparity and equality gap in access to digital platforms. For instance, even during the pandemic the government portals and private services had no features that could help people with special needs to be accommodated and have autonomy, even today there are no sign language interpretations which are basic in all government offices or in places where people would require the same.
Globally, over 1 billion people live with some form of disability, accounting for nearly 15% of the world’s population. Without accessible digital environments, these individuals face systemic exclusion from essential services and opportunities.
DIGITAL ACCESSIBILITY :WHAT IS IT ?
World Health Organization, “Disability and Health,” (Nov. 2021), https://www.who.int/news-room/fact-sheets/detail/disability-and-health.
The World Web Consortium defines digital accessibility as the design and development of technologies, websites, etc. in a manner that enables them to be utilised by persons with disabilities. This includes keyboard navigability, closed captioning for video content, alternative text for images, compatibility with assistive technologies such as screen readers, and flexible interface design for people with cognitive, motor, or visual impairments.
Digital accessibility is more than just a technical feature; it is a manifestation of equality and inclusivity. In creating digital spaces, infrastructure and public spaces, keeping in mind inclusivity and diversity, is a socially, morally and economically fulfilling purpose.
BARRIERS FACED BY INCLUSIVE DIGITAL ACCESSIBILITY
Even with laws in place, digital accessibility is a privilege—yet not an assured right—on the ground.
1. Structural and Economic Barriers
Most private and even government agencies view accessibility features as expensive or complicated to implement. This economic argument is short-sighted; it ignores the wider social and economic benefits of inclusion, including greater customer access and compliance with legislation.
2. Digital Divide and Intersectionality
Barriers to access are exacerbated by the digital divide—disparities in access to the internet, availability of devices, and digital skills. Individuals with disabilities in rural or poor communities experience multiple tiers of exclusion.
3. Ignorance and Incompliance
A 2022 National Centre for Promotion of Employment for Disabled People (NCPEDP) audit of Indian government websites found that most basic accessibility tests were failed, even with explicit legal requirements.4 Private site performance was worse. This indicates institutional lack of concern and laxity with accountability.
W3C Web Accessibility Initiative, “Introduction to Web Accessibility,” https://www.w3.org/WAI/fundamentals/accessibility-intro/.
EFFECTS OF UNEQUAL ACCESSIBILITY
The lack of accessible digital settings results in:
1. Denial of Basic Services
Educational sites, telemedicine software, and e-governance websites are becoming more and more necessary to reach public services. Inaccessible design leads to the exclusion of these services, contravening the right to non-discrimination and equality.
During the COVID-19 pandemic, for example, individuals who are visually impaired were excluded from using the CoWIN vaccination platform, which was not screen-reader accessible.5
2. Economic Exclusion
Digital inaccessibility deprives individuals with disabilities of employment opportunities, e-commerce websites, and upskilling platforms, aggravating the cycle of poverty and unemployment.
3. Lack of participation
Court websites, voting portals, and legal databases tend to be devoid of accessibility features, disabling citizens from engaging in democratic and legal activities and disencouraging a situation of choice and autonomy.
National Centre for Promotion of Employment for Disabled People (NCPEDP), “Accessibility Audit of Government Websites 2022,” https://www.ncpedp.org.
LEGAL FRAMEWORK
The international and national legal systems have recognised the need for accessibility in all sectors of life for persons with disabilities[PwD] to ensure they have equal rights and participation.
Beginning with the efforts of the United Nations introducing the United Nations Convention of Persons with Disabilities [UNCRPD] which India ratified in 2007, ensures domestic compliance through comprehensive frameworks introducing policy of equality, non-discrimination and dignity.
Some of the Articles of charter on the same are;
Article 9 of the UNCRPD mandates States Parties to ensure access to information and communication technologies (ICT), including the internet, on an equal basis with others.
Article 21 guarantees freedom of expression and access to information, calling for accessible formats and communication technologies to facilitate equal participation.
The Indian constitutional and statutory framework has no explicit mention of digital access, but the courts have provided precedents on the same, discussed in the next section. The Constitutional principles enshrined in the right to equality (Article 14), non-discrimination (Article 15), freedom of speech and expression (Article 19(1)(a)), and the right to life and dignity (Article 21) provide the normative foundation for interpreting accessibility as a constitutional right.
INDIAN FRAMEWORK Convention on the Rights of Persons with Disabilities, Dec. 13, 2006, 2515 U.N.T.S. 3. Convention on the Rights of Persons with Disabilities art. 9, Dec. 13, 2006, 2515 U.N.T.S. 3. india const. art. 15. india const. art. 14.
Although the Indian Constitution ensures abecedarian rights like the right to life, equivalency, education, and information — together bolstering the rights of persons with disabilities( PwDs) — it is the Rights of Persons with Disabilities Act, 2016( RPWD Act) and the RPWD Rules, 2017 that give legislative force to India’s commitments under the UNCRPD, easily admitting digital availability as crucial to addition. Section 40 directs the Central Government to determine availability norms for public installations and ICT, whereas Section 46 makes the same demand for private service providers in two times from the date of announcement. similar wide compass was reaffirmed in Rahul Bajaj v. Practo Technologies Pvt. Ltd.( 2022), where private platforms were inversely responsible.
Section 42 also obliges the government to make available all kinds of media content through installations similar as audio descriptions, captions, and subscribe language. Rule 15( c) of the RPWD Rules also obliges all associations to cleave to guidelines like the Guidelines for Indian Government Websites and be harmonious with BIS norms IS 17802( Part 1 & 2) regarding ICT availability. likewise, Rules 8 and 9 of the IT Rules, 2021, bear digital publishers to ply reasonable sweats to increase happy availability for PwDs. These two vittles inclusively represent India’s move towards considering digital availability a legal right and not a optional option.
JUDICIAL INTERVENTION
The Indian Court, in most instances, have taken a progressive stance to ensure accessibility. For instance, the Chief Commissioner for Persons with Disabilities (CCPD) took Suo motu notice of the inaccessibility of digital platforms, such as private and public websites and mobile applications. CCPD instructed these organisations to adhere to the Guidelines for Indian Government Websites and BIS Standards (IS 17801 Parts I & II) in Case No. CCPD/15519/1101/2024 and CCPD/15530/1101/2024. They were required to submit compliance reports and have their platforms audited by hired accessibility auditors; noncompliance would result in penalties under Section 89 of the RPWD Act, 2016. The findings were not only limited to ensure accessibility in key digital services like the Aadhaar portal and payment methods, requesting that organisations like UIDAI and RBI remove obstacles to access, like CAPTCHA and interfaces that are incompatible with screens, and but also to other services to provide suitable guidelines to promote inclusivity. The CCPD was compelled to conduct periodic reviews and post-compliance statuses online because, up until January 2025, the majority had not complied with these regulations. Rights of Persons with Disabilities Act, No. 49 of 2016, Acts of Parliament, 2016 (India). Rights of Persons with Disabilities Rules, 2017, Gazette of India, No. G.S.R. 591(E), June 15, 2017 (India). Rahul Bajaj v. Practo Techs. Pvt. Ltd., Case No. 12355/1101/2021, Chief Comm’r for Persons with Disabilities (India), Order dated Dec. 22, 2022.
There have been other precedents that have taken the positive stance to support inclusivity and promoted equality. The Ministry of Information and Broadcasting (MIB) issued an advisory under the IT Rules, 2021 after the Delhi High Court ordered film production companies to provide OTT content with closed captioning and audio descriptions. Further in Akshat Baldwa & Anr v. Maddock Films Pvt. Ltd. the Court addressed the obligation of even private industry participants to implement reasonable accommodations for accessibility in movie theatres and online platforms. The Supreme Court ruled in Pragya Prasun & Ors. v. Union of India that digital accessibility is intrinsic to the right of life under Article 21, acknowledging the predicament of the blind and acid victims under digital KYC procedures. The court proposed twenty binding guidelines, calling on all public and private organisations to implement universal accessibility standards, offer biometric testing alternatives, and make adaptive technologies, sign language, and captions available. These cases represent a paradigm shift in favour of applying digital accessibility as a statutory and constitutional right rather than as a luxury designated to certain people.
WAY FORWARD Chief Commissioner for Persons with Disabilities, Case Nos. CCPD/15519/1101/2024 and CCPD/15530/1101/2024 (India, Jan. 14, 2025). Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, G.S.R. 139(E) (India) Akshat Baldwa v. Yash Raj Films, 2023 SCC OnLine Del 8226. Therefore, it is evident that with the rise in use of technologies, it is also necessary to point to the need for an all-inclusive and accessible form of such technology that would ultimately prove to provide equality and uphold the dignity of persons with the need. It is not just a technical aspect that motivates the same but a moral universal principle that humans need to abide by. Collective growth is what needs to be aimed for and therefore policies promoting equality and non-discrimination must be prioritised.
According to the World Wide Web consortium, the form of digital accessibility is only possible when there is a whole system that facilitates the same and not just the promotion of assistive technologies. The Web Content Accessibility Guidelines (WCAG) that are internationally accepted provide a framework of principles that promote the requisites for achieving the ultimate goal. The four principles to be followed require the content to be Perceivable, Operable, Understandable and Robust.
For organizations—be they government institutions, learning sites, or corporations—the future must encompass:
o Mandatory WCAG 2.1 Level AA standards compliance for all public digital infrastructure;
o Regular digital audits to be conducted by certified accessibility professionals;
o Inclusion of accessibility design in the software procurement policy;
o Inclusion of digital accessibility modules as part of engineering, design, and law courses;
o Strengthening of grievance redressal and enforcement mechanism under the RPWD Act, 2016.
Balancing Freedom of Speech and Hate Speech in the Digital Age
CONCLUSION
W3C Web Accessibility Initiative, “Introduction to Web Accessibility,”https://www.w3.org/WAI/fundamentals/accessibility-intro/. World Wide Web Consortium (W3C), Web Content Accessibility Guidelines (WCAG) 2.1, W3C Recommendation (June 5, 2018), https://www.w3.org/TR/WCAG21/. World Wide Web Consortium (W3C), Web Content Accessibility Guidelines (WCAG) 2.0, W3C Recommendation (Dec. 11, 2008), https://www.w3.org/TR/WCAG20/.
“The greatest strength mankind has is the ability to change” The change, the adaptability and ensuring the inclusion of all diverse sections of people are what create a society. The digital era has potential for inclusion if accessibility is envisioned as a natural right rather than a luxury for certain predisposed persons. While international norms and national legislation in India confer this right, the reality is one of exclusion, inaccessibility, and abandonment.
And the drive to change the same is what will create a more inclusive place for all persons. Looking into this as a form of charity rather than right will only create a regressive development rather than progression. There needs to be a paradigm shift in line with the system that also helps to impact the thoughts of individuals to ensure a rights-based rather than sympathy-induced charity.
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