A CASE COMMENTARY ON PRAGYA PRASUN & ORS. & ORS. V. UNION OF INDIA & AMAR JAIN V. UNION OF INDIA & ORS.
AUTHOR – TEJVEER SINGH, SRMS COLLEGE OF LAW, BAREILLY
BEST CITATION – TEJVEER SINGH, A CASE COMMENTARY ON PRAGYA PRASUN & ORS. & ORS. V. UNION OF INDIA & AMAR JAIN V. UNION OF INDIA & ORS. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 428-432, APIS – 3920 – 0001 & ISSN – 2583-2344
INTRODUCTION | BACKGROUND OF THE CASE
[1]The Issue involved regarding digital rights to the disable people of this country, two writ petitions are been filed with common and similar properties of injustice, Digital Indian aim to promote efficiency, transparency and accessibility through digital means. Centre of this transformation has been the creation of a robust digital infrastructure. However, with wave of digital progress, there remains overlooked aspect that demand urgent attention ensuring the digital infrastructure and services are accessible to all? Including person with disability and other marginalised groups. We can called Technical Inclusion a true progress when all the people are treated inclusively and have the same accessibility and ease and thereby foster an environment where no individual is left behind. There is a digital divide created, In the contemporary era, access to essential services, governance, education, healthcare and economic opportunities is increasingly mediated through digital platforms. Right to life under [2]Article 21 of the Constitution of Indian has to be reinterpreted in light of these technological realities and especially abled persons also have the same right to access Article 21 as and other person with no disability “Justice Mahadevan pointed out this”.
A dedicated act [3]“Rights of Person with Disability Act, 2016” is a landmark legislation that aim to provide comprehensive legal protection and entitlement to person with disabilities. It Algies with the United Nation Convention on the Right of Person with Disability (UNCRPD). This Act expands and definition of disability, increase the types of recognition, focus on ensuring equality, non-discrimination and full participation of person with disabilities in the society and work for there development and equal representation and protection came in force on April 19, 2017. Under Section 12 this act, the act addresses challenges faced by person with disabilities in accessing the justice system, person with disabilities have the right to access any court or anybody with judicial and quasi- judicial or investigative power without discrimination and step will be taken to provide suitable measures to support person with disabilities. This Act ensures that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.
[1] Pragya Prasun v. Union of India, W.P. No. 31291 of 2023, ¶ 20 (Madras HC Apr. 30, 2025), https://indiankanoon.org/docfragment/68332080/.
[2] SCO Team, The Right to Life and Personal Liberty Under Article 21: A Timeline, Sup. Ct. Observer (June 26, 2025), https://www.scobserver.in/journal/the-right-to-life-and-personal-liberty-under-article-21-a-timeline/
[3] National Human Rights Commission, Disability Rights: Overview and Analysis, https://nhrc.nic.in/sites/default/files/DisabilityRights.pdf (last visited July 14, 2025).