INTRODUCTION
When we are online using digital IDs we become equal. There exists virtually no difference between the rich and the poor or the ugly and the beautiful yet there exists certain differences between the general users and the specially-abled users. These people suffer from discriminatory behaviour not only in real life but also in the digital space. As the digital world has grown so has our dependence on such increased. We all need to have a phone to contact people, engage in work, and access the digital social realm however, these platforms majorly cater only to the general healthy public and push the specially-abled users under the rug. Thus, there arises a need for the development of digital accessibility and digital inclusion for specially-abled users.
DIGITAL ACCESSIBILITY RIGHTS
Digital accessibility rights refer to the rights provided to individuals, particularly those with disabilities to ensure equal access to digital content, platforms, and services. These rights are formed on the basic principles of equality, equity, and non-discrimination in the design, and development of information and communication technologies (ICTs). Digital accessibility rights aim to eliminate barriers that hinder the participation and engagement of all the members of society in the digital space[1].
UNDERSTANDING THE ISSUE
The issue of digital inaccessibility for specially-abled users is an endemic problem that severely affects their participation in the various aspects of modern society. Digital inaccessibility for persons with disabilities Despite the progress in technology, many digital platforms, websites, and applications are still inaccessible to disabled people. This includes visual, auditory, motor, and cognitive impairments among others. Lack of accessibility therefore locks out such individuals from essential services, information, education, job opportunities, as well as social interactions thus further enhancing marginalization and exclusion within the disabled population.
The impact of digital inaccessibility extends far beyond mere inconvenience. It infringes upon the rights and autonomy of specially-abled users. Inaccessible websites and applications prevent these users from independently engaging in activities that most take for granted like shopping online or banking or accessing government services. This is a clear violation of their rights.
This exclusion does not only limit their capacity to live a meaningful and fulfilling life, but it also perpetuates the vicious cycle of systematic discrimination and societal stereotypes concerning disability that further alienates this already marginalized group.
Digital inaccessibility also contributes to the widening of currently existing socio-economic disparities as persons with disabilities encounter more obstacles to education, employment, economic empowerment, and social acceptance. Without equal access to digital resources and opportunities, they often find themselves in unsuitable jobs and work unable to fully utilize their skills and talents. Thus, digital inaccessibility is not merely a legal issue but also a societal issue which could even be called a social evil on par with caste-based discrimination as it is against their very basic rights.
ARE DIGITAL ACCESSIBILITY RIGHTS A CONSTITUTIONAL RIGHT?
Digital accessibility rights are not explicitly mentioned as constitutional rights in the same regard as fundamental rights as provided in the Constitution. However, the interpretation of the various articles provided in the constitution, such as Article 14 – Right to equality[2], Article 21 – Right to life and personal Liberty[3], and Article 19(1)(a) – Right to freedom of speech and expression[4] support the constitutionality of Digital Accessibility Rights. While they are not explicitly mentioned in the constitution (which is more of an issue of them not existing during the creation of the constitution) they clearly align with the broader principles provided in the Constitution and thus are constitutionally valid.
For example, if a government service needs to be availed from a website or application that is not easily accessible by the disabled community then such would amount to a violation of their fundamental rights to equality and right to equity.
LEGAL FRAMEWORK AND INTERNATIONAL STANDARDS
The Indian legislation has also understood the impact of this issue and has enacted legislation to combat it while the UN too has pushed this issue into the spotlight by creating UNCRPD. The following are the current legislations and other legal frameworks as well as international guidelines that combat the problem of digital inaccessibility:
- Rights of Persons with Disabilities Act 2016 (RPwD Act): Section 42[5] of the RPwD Act deals with digital accessibility rights. It does so by making equal access to information and communication technologies (ICTs) mandatory. This section focuses on promoting the creation of accessible websites, applications, and digital content to ensure that specially-abled users can fully participate in the digital space without facing discrimination or other accessibility barriers.
- National Policy on Universal Electronic Accessibility 2013[6]: The National Policy on Universal Electronic Accessibility 2013 acts as a guiding framework for the promotion of digital accessibility in India. It not only recognizes the importance of ensuring universal access to digital content and services for specially-abled users but also aims for the adoption of accessibility standards and the integration of accessibility features in the design and development of digital platforms.
- Web Content Accessibility Guidelines (WCAG)[7]: Although not formally incorporated into Indian law, the Web Content Accessibility Guidelines (WCAG) issued by the World Wide Web Consortium (W3C) serve as de facto standards for digital accessibility worldwide. WCAG provides guidelines and success criteria for the creation of accessible web content, covering various aspects such as permeability, operability, understandability, and robustness. Though it lacks any legal binding, adherence to WCAG standards is widely recognized as one of the best practices for achieving digital accessibility compliance. Many countries including India, reference WCAG as a benchmark for evaluating the accessibility of digital platforms and services[8].
- United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): Article 9 of the UNCRPD[9] specifically emphasises accessibility as a fundamental right, asking the member states to take appropriate measures to ensure access to information and communication technologies for persons with disabilities. India’s domestic legal framework on digital accessibility is informed by the principles provided in the UNCRPD.
INEFFECTIVE IMPLEMENTATION AND CAUSES
The implementation of digital accessibility rights in India has been rather poor and ineffective. It causes significant problems for citizens with disabilities in accessing digital platforms, apps, services, and governmental programs. Even though laws and guidelines exist their actual implementation has been widely ineffective in actually addressing the issue. A lack of awareness and understanding among the various stakeholders like the developers, businesses, and government agencies regarding the importance of digital accessibility rights and the implementation of measures to deal with it. Without sufficient knowledge and commitment to accessibility standards, digital products, and services continue to be designed and deployed without adequate consideration for the diverse needs of users, perpetuating barriers to access and participation.
This coupled with resource constraints and technical issues further affects the implementation of digital accessibility rights. Organizations such as small and medium enterprises or startups lack the necessary resources, infrastructure, technology, and expertise to incorporate accessibility features. On the other hand, the huge costs associated with retrofitting older platforms and services discourage larger companies and governmental agencies from implementing such features.
CONCLUSION AND FUTURE OUTLOOK
With the advancements in technology and a growing recognition of the importance of inclusivity, there seems to be a promising future for digital inclusivity rights. With programs like Digital India that promote digitization of the society, there is a rise in better digital platforms which means that it is reasonable to expect more inclusive governmental services. Digital accessibility is even more so in the limelight in the private sector with various companies trying to innovate to make their products, services, and apps more accessible to the specially-abled users. Thus, while digital accessibility rights are an unachieved ideal as of now, they seem achievable shortly further ensuring more rights for the citizens of India.
Author(s) Name: Anmol Bansal (Vivekananda Institute of Professional Studies)
Reference(s):
[1]Skynet India, ‘Indian Digital Accessibility Law and Guidelines’ (Skynet India Blog, 12 December 2023) <https://www.skynetindia.info/blog/indian-digital-accessibility-law-and-guidelines/#:~:text=The%20Rights%20to%20Persons%20with,reasonably%20accommodate%20people%20with%20disabilities> Accessed 26 March, 2024
[2]Constituition of India, article 14
[3] Constituition of India, article 21
[4] Constituition of India, article 19
[5]Rights of Persons with Disabilities Act 2016, section 42
[6]National Policy on Universal Electronic Accessibility 2013
[7]W3C, ‘Web Content Accessibility Guidelines (WCAG) 2.1.’ (World Wide Web Consortium (W3C), 5 June 2018 <https://www.w3.org/TR/WCAG21/> accessed 26 March 2024
[8] Jimmy Singh, ‘Understanding and Complying with Accessibility Regulations’ (Steadily Blog post, 12 December 2023) <https://www.steadily.com/blog/understanding-and-complying-with-accessibility-regulations> accessed 26 March 2024
[9]United Nations. ‘Convention on the Rights of Persons with Disabilities’ (United Nations Department of Economic and Social Affairs (DESA), Opened for signature 30 March 2007, entered into force 3 May 2008) <https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html> accessed 26 March 2024
