The author of this article is Saloni Mehta. The author is a second year law student at Symbiosis Law School Pune.
Introduction
Disability rights in the digital age refer to the recognition and protection of the rights of individuals with disabilities in the context of digital technology and online platforms. It encompasses ensuring equal access, participation, and opportunities for persons with disabilities in the digital realm. This includes making websites, applications, digital content, and online services accessible to individuals with diverse disabilities, such as visual, hearing, cognitive, or motor impairments. Disability rights in the digital age aim to promote inclusivity, non-discrimination, and full integration of persons with disabilities into the digital society, enabling them to fully exercise their rights, express themselves, and engage in various online activities on an equal basis with others.
Digital discrimination not only denies individuals with disabilities the right to access and benefit from digital platforms, but it also perpetuates inequality, exclusion, and marginalisation. It hinders their ability to participate in social, educational, economic, and cultural activities that increasingly rely on digital technology. Overcoming digital discrimination is crucial to ensuring equal opportunities, promoting inclusivity, and upholding the rights of persons with disabilities in the digital age.
Online accessibility and significance for persons with disabilities
Accessibility online refers to the design and development of digital platforms, websites, applications, and content that enable individuals with disabilities to perceive, navigate, interact with, and contribute to them. It involves implementing inclusive practices and technical standards to ensure that people with a range of disabilities can access and utilise digital resources without encountering unnecessary barriers.
The significance of online accessibility for persons with disabilities cannot be overstated. It provides them with equal opportunities to engage in a variety of online activities, access information, communicate, and utilise digital services. Here are a few characteristics that illustrate its significance:
Equal Access: Online accessibility ensures that individuals with disabilities have equal access to digital resources and platforms, enabling them to participate completely in the digital age. It eliminates barriers that would otherwise limit their access to online content or services.
Independence and Empowerment: Accessible digital platforms allow individuals with disabilities to navigate and interact independently. It promotes their independence by empowering them to control their online experiences.
Internet has become an indispensable instrument for social interaction and communication. Online accessibility facilitates inclusive communication channels, such as email, social media, video conferencing, and messaging platforms, enabling people with disabilities to communicate, express themselves, and partake in social interactions.
Employment Opportunities: Numerous employment opportunities, including remote work, freelancing, and online entrepreneurship, rely on digital platforms. Online accessibility ensures that people with disabilities have equal access to job listings, can participate in online interviews, can use job-related platforms, and can contribute equally to the workforce.
Due to online accessibility, individuals with disabilities can engage in e-commerce activities, such as purchasing, financing, and gaining access to various services.
Legal frameworks promoting online accessibility
In India, numerous legal frameworks and guidelines promote online accessibility for individuals with disabilities. The objective of these initiatives is to ensure that digital platforms, websites, and content can be accessed and utilised by people with a wide range of disabilities.
1. The Rights of People with Disabilities Act of 2016 – This comprehensive legislation recognises the rights of individuals with disabilities and guarantees their empowerment, inclusion, and non-discrimination. The Act addresses numerous aspects of accessibility, including digital accessibility. It mandates that the government and other relevant authorities make accessible electronic content and digital services for individuals with disabilities.
2. Guidelines for Indian Government Websites – The Department of Administrative Reforms and Public Grievances of the Indian government has published the Guidelines for Indian Government Websites (“GIGW”). These guidelines are intended to make government websites accessible to people with disabilities. The GIGW provides technical specifications and recommendations to guarantee the accessibility of government websites.
3. WCAG 2.0 Guidelines for Web Content Accessibility – Even though the WCAG 2.0 is not a legally binding framework, it is extensively recognised and cited in India as a web accessibility standard. Numerous organisations and institutions in India adhere to the WCAG 2.0 guidelines for website and digital content accessibility.
4. National Policy for Universal Electronic Accessibility –The National Policy on Universal Electronic Accessibility of the Department of Electronics and Information Technology outlines the government's commitment to promoting universal electronic accessibility. It emphasises the significance of making electronic information and services accessible to all individuals, including those with disabilities.
5. CERT-In (Indian Computer Emergency Response Team) Guidelines – India's cybersecurity authority, CERT-In, has issued accessibility guidelines for websites. These guidelines provide recommendations for the technical design of inclusive and accessible websites. Despite the existence of these legal frameworks and guidelines, the implementation and enforcement of digital accessibility standards in India may vary.
Common barriers to online accessibility for persons with disabilities
Images, charts, and diagrams lacking alternative text and/or descriptions make it difficult for those with visual impairments to comprehend the content. Forms and input fields that are improperly labelled or lack appropriate instructions pose difficulties for people with visual or cognitive disabilities. Websites or applications that cannot be navigated using the keyboard alone pose difficulties for people with motor disabilities who rely on alternative input methods.
Videos, audio files, and other multimedia content lacking captions or transcripts can exclude those with auditory impairments or those who prefer text-based alternatives and individuals with visual impairments or cognitive disabilities may find it difficult to read and comprehend the content if there is insufficient colour contrast between the text and the background, as well as perplexing visual design elements.
Consequences of inaccessible websites, applications, and digital content
Inaccessible digital platforms prevent people with disabilities from gaining access to vital information, educational resources, news, and other forms of online content. Inaccessible social media platforms or communication tools can isolate people with disabilities, limiting their ability to connect, communicate, and participate in online social interactions. Inaccessible educational websites, learning management systems, and online course materials can hinder the learning experience of students with disabilities, thereby limiting their educational opportunities. Inaccessible job portals, online application forms, and career development platforms can create barriers for people with disabilities seeking employment or career advancement opportunities.
In India, there have been some legal cases related to online accessibility and the rights of persons with disabilities.
Disabled Rights Group (DRG) v. Union of India: The Disabled Rights Group filed a Public Interest Litigation (“PIL”) requesting that the government make websites, including government websites, accessible to people with disabilities. The court ordered the government to take the necessary measures to make websites accessible and ensure that people with disabilities have equal access.
Rajive Raturi v. Union of India: In this case, the petitioner sought accessibility measures for the Staff Selection Commission's (“SSC”) online examination system used for hiring purposes. The Delhi High Court ordered the SSC to ensure that the online examination system is accessible to individuals with disabilities.
National Federation of the Blind (NFB) v. Union Public Service Commission (UPSC): The NFB filed a PIL with the Delhi High Court alleging that the online examination system of the UPSC was inaccessible to blind applicants. The court ordered the UPSC to take the necessary steps to guarantee exam accessibility and provide impaired candidates with equal opportunities.
Future Trends
Artificial Intelligence (AI) and Machine Learning: AI technologies can assist with automating accessibility features, such as producing alt text for images, enhancing speech recognition for voice commands, and providing real-time captions. In addition, machine learning algorithms can help identify and resolve accessibility issues in digital content.
Virtual Reality (VR) and Augmented Reality (AR): Virtual Reality (“VR”) and Augmented Reality (“AR”) technologies have the potential to improve accessibility by providing immersive experiences and alternative modalities of interaction. They can be used to construct inclusive educational tools, simulate real-world scenarios, and increase accessibility in areas such as training and therapy.
Internet of Things (IoT): Internet of Things (“IoT”) devices can be designed with accessibility in mind, allowing people with disabilities to control their environment and interact with devices through accessible interfaces. IoT applications such as smart home technology, wearable devices, and assistive robots can enhance accessibility and independence.
Access to the Internet is not merely a matter of convenience; it is a basic human right. In a digital age where our lives are increasingly intertwined with technology, individuals with disabilities must have equal access to digital platforms and services in order to completely participate in society, education, employment, and social interactions. Digital discrimination, in which individuals are excluded or disadvantaged due to inaccessible digital environments, is a pressing issue that must be addressed. We are all responsible for promoting online accessibility and combating digital discrimination. As consumers, we must educate ourselves on digital accessibility standards and guidelines, advocate for inclusive design practices, and support disability rights organisations. Remember that accessibility is an ongoing commitment, not a one-time endeavour. Let us collaborate to ensure that everyone, regardless of aptitude, can completely participate in the digital age and has equal access to online opportunities. Together, we can create a future that is more accessible and inclusive for all.
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