CONSTITUTIONALISING DIGITAL ACCESSIBILITY: REIMAGINING THE RIGHTS OF PERSONS WITH DISABILITIES

The rapid digitalisation of governance, education, healthcare, banking, and other essential services has transformed digital access into an indispensable aspect of daily life. However, this transition has also created significant barriers for persons with disabilities, particularly where digital platforms fail to comply with recognised accessibility standards. Although India has enacted the Rights of Persons with Disabilities Act, 2016 and is a State Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), effective implementation of digital accessibility obligations remains inadequate. This paper examines the existing legal framework governing digital accessibility in India and analyses its constitutional significance in light of Articles 14, 19, and 21 of the Constitution of India. The study further evaluates the contribution of judicial decisions in expanding the scope of equality, dignity, and accessibility, while also drawing a comparative analysis with the legal frameworks of the United Kingdom and the United States. It argues that digital accessibility should not be viewed merely as a statutory obligation but as an integral component of the fundamental rights guaranteed under the Constitution. The paper concludes that constitutional recognition of digital accessibility would strengthen the enforcement of accessibility standards, promote substantive equality, and ensure the meaningful inclusion and participation of persons with disabilities in India's increasingly digital society.