LEGAL DIMENSION OF EXCLUSION OF MINORITIES IN THE DIGITAL ERA

LEGAL DIMENSION OF EXCLUSION OF MINORITIES IN THE DIGITAL ERA

Swaleha Zubair, Jamia Hamdard University

Despite 79 year of independence the minorities in India still remain under the rubble where access to the basic rights has become impossible .We often says that it is internet which connects us all yet minorities in india remain unseen and unheard because they are not online. It is needed to be understood here that being disconnected no longer means missing out on entertainment or social media ,but it means missing out on education ,health care,jobs ,government welfare and even justice . This digital disconnection is now taking a serious form of not social and economic exclusion but deeply a legal exclusion that concerns with the questions such as effectiveness of constitutional guarantees such as equality ,justice and non discrimination.

The internet has evolved into a space where rights are lived and exercised.In the leading case law of Anuradha Bhasin v. union of india (2020) 3 SCC637 where the supreme court of India held that the access to internet forms the major part of rights granted under article 19(a) which deals with right to freedom of speech and expression and article 19(g) the Right to trade and occupation of the Indian constitution. The recent case of Pragya Prasun & Ors. vs Union of India & Ors. (and similar PIL) — SC, 30 April 2025 where the SC held that inclusive digital access to e‑governance, welfare services and banking (via digital KYC etc) is an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution. The Court observed that the “digital divide” characterised by unequal access to digital infrastructure, skills and content continues to “perpetuate systemic exclusion not only of persons with disabilities but also of large sections of rural populations, senior citizens, economically weaker communities, and linguistic minorities.”

Hence it can be said that denying the basic rights and accessibility to internet is more about restricting their fundamental freedoms . The persistent inequality before law in the digital era also violates Article 14 of constitution of India which guarantees equality before law and equal protection of law . However when legal and welfare system shifts online ,then the poor and minority section suffers an invisible barrier as most of the government services including welfare scheme registration, Adhaar verification ,e – courts or other grievance portals operate primarily through digital platforms where people belonging to the economically backward regions often lacks the resources to use these services. Consequently their legal entitlements remain inaccessible. It is needed to be noted that state’s responsibility cannot be ignored in this context under article 38 and article 46 which directs the government to promote social justice and protect the interests of weaker sections,including the minorities but when digital oriented programmes fails to reach the minority dominated areas or when the e government portal remains available in hindi or English language ,these communities in this manner remains excluded from full participation - amounting to the breach of constitutional duty.

According to the Oxfam India “India inequality Report 2022:Digital Divide “among the poorest of 20 %of households just 2.7 % owned a computer and 8.9% had internet access and in contrast among the rich 20 % of the households , these figures jumped to 27.6% and 50.5% respectively . The divide deepens along the cast lines where only about 4% of the scheduled tribes and schedule caste students had computer access while the numbers were quite high among the upper caste students. Another study by the Centre for Economic Data and Analysis (2025) found that nearly one in six rural households still have no internet access at all ,compared to about one in twelve in urban area .Digital exclusion in broader sense is now taking a form of modern discrimination -manifesting through language barriers ,affordability gaps and lack of access. Students who cannot enroll themselves for the digital classroom or the small businesses are unable to enter the online markets experiences inequality. Access to the internet on the global platform is considered as a human right .The United Nations Human Rights Council(2016) declares that the rights which are available to the people offline must be given online . India being the signatories to the international covenants like ICCPR(international covenant on civil and political rights )and ICESCR(international covenant on economic social and cultural rights ) carries the obligation to ensure that no community is left behind in the digital era .

The worst effect of this exclusion is its impact on access to justice .Legal information ,grievance redressal mechanism and government notifications has move online shifting law distant and inaccessible to minorities thereby further silencing their voices.

If India wants to uphold its constitutional vision , then digital inclusion must be treated as a form of legal empowerment . There are certain measures which the government can adopt to eradicate this exclusion like expanding connectivity in minority dominated regions ,promoting multilingual digital literacy programs,and making government platforms more inclusive. Also recognising internet access as a fundamental right would ensure that equality is not only promised but practiced. At the end, the digital divide is not just about technology but also about dignity and when they remain offline ,they further pushed away from the opportunities ,justice and voice .Thus internet has become a lifeline to rights ,education and expressions where the true growth of the nation occurs with not only the advance technology but when it ensures that the benefits are reaching to the minorities as well .

References

1. Anuradha Bhasin v.Union of India,(2020)3 SCC637

2. Pragya Prasun & Ors. vs Union of India & Ors. (and similar PIL) — SC, 30 April 2025

3. Centre for Economic Data and Analysis (CEDA), “Unplugged and Unseen — The Caste Divide in Connected India”, July 2025.

4. Oxfam India,India Inequality Report 2022:Digital Divide ,December2022