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º¬Ðß²ÝÉçÇø regulatory framework for digital accessibility is undergoing a major change. It is moving from discretionary interface design and accessibility to statutory obligations. The Rights of Persons with Disability Act, 2016 (act) is the main legislation safeguarding those with disabilities. It creates a mechanism for compliance. However, the Rights of Persons with Disabilities Rules, 2017 (rules) made under the act set out only self-regulatory guidelines.

The Supreme Court, in Rajive Raturi v Union of India, held that accessibility is a fundamental right under article 21 of the Constitution to life, dignity and freedom of movement. The court criticised the rules’ non-mandatory nature, finding them ultra vires the act. It directed the government to establish enforceable accessibility standards across public infrastructure, digital platforms and services to fulfil the state¡¯s obligation to ensure inclusivity.

Later, in Pragya Prasun v Union of India, the Supreme Court issued directions to make digital know-your-customer (KYC) processes accessible to persons with disabilities especially those affected with visual impairments and face and eye disfigurement because of acid attacks. Entities must comply with prescribed accessibility standards and submit to periodic accessibility audits. The blind must be involved in the user acceptance testing phases of any app or website. Any new feature must offer options for sign language interpretation, closed captions, audio interaction and other aids for visually and hearing-impaired users. This is the most significant judicial intervention for prescribing digital KYC accessibility norms.

The judgment in Rajive Raturi led to the establishment of a committee, comprising government representatives and researchers from NALSAR University¡¯s Centre for Disability Studies. NALSAR CDS carried out extensive stakeholder consultations and compared global accessibility standards. These revealed accessibility issues involving digital KYC and the digital inaccessibility of websites, apps, software and hardware.

In June 2025, the Department of Empowerment of Persons with Disabilities of the Ministry of Social Justice and Empowerment released its draft Rules on Compliance with Accessibility Standards for the information communication and technology (ICT) sector. They will require new and existing ICT products, services, websites and applications to comply with IS 17802 (Part 1): 2021 and IS 17802 (Part 2): 2022. Providers must produce accessibility compliance reports before launching or substantially upgrading ICT products, services or content.

Although the draft rules are laudable, they may delay the rollout of features essential to device performance. Global accessibility standards adopt a proportionate and sector-specific approach based on the degree to which ICT products are consumer-facing. The draft rules, however, apply equally to all products and services.

The Ministry of Information and Broadcasting has issued its draft Guidelines for Accessibility of Content on Platforms of Publishers of Online Curated Content for Persons with Hearing and Visual Impairment. These establish accessibility standards for online audio-visual content, by requiring such content to offer at least one accessibility feature for hearing or visually impaired users. OTT platform interfaces, such as websites, mobile apps, smart-TV applications and desktop software, must be accessible to those with disabilities by ensuring compatibility with assistive technologies.

Although these recent government initiatives are intended to improve accessibility, the rights of persons with disabilities and accessibility standards should be proportionate and not impose regulatory obstacles. Accessibility standards have to be binding and enforceable, but should also be proportionate and operationally viable. Aligning such standards with global practices will enable their smoother implementation. This will achieve º¬Ðß²ÝÉçÇø objective to promote and improve accessibility while ensuring that businesses do not incur disproportionate costs in implementing accessibility
standards for persons with disabilities.

Ameet Datta is managing counsel, Jasman Dhanoa is a senior associate and Anindita Deb is an associate at ADP Law Offices