Priyanga.M
In this digitalized era, one of the quintessential elements in every person's life is the Internet. Moreover, it has become a lifesaver during this pandemic situation where everyone was mandated to be within their houses. Circulation of vital information, online classes, communicating with loved ones, online business, etc., everything was possible only with the aid of the internet. Possessing these highly beneficial characteristics, can access to the internet be regarded as a fundamental right?
On 27th June 2016, UNHRC issued a declaration recognizing “the right to access the internet as a fundamental right.” It emphasized that the same rights that people have offline must also be protected online, especially the right to freedom of opinion and expression under Article 19 of the UDHR and ICCPR which would help by being a driving force in development, in achieving The Sustainable Development Goals 2030 and in availing quality education through facilitating access to information on the internet.
In the case of Faheema Shrini.R.K v. State of Kerala, the petitioner, a student of Sree Narayanaguru College had been staying in the college hostel. The inmates of the hostel were not allowed to use their Mobile phones between 6 pm to 10 pm and were instructed to surrender their mobile phones during those restricted hours. It was contended on behalf of the petitioner that such restriction imposed on making use of the mobile phones infringed the following fundamental rights:
Right to Freedom of speech and Expression – Article 19(1)(a)
Right to Privacy – Article 21
Right to Education
The Kerala High Court, considering the importance of accessing information on the internet declared that “the right to internet access was a fundamental right, forming a part of the right to privacy and right to education falling under Article 21 of the Indian Constitution.”
In this “DEMOCRATIC COUNTRY” on 4th August 2019, mobile phone networks, internet services, landline connectivity were all disconnected across Jammu and Kashmir and on 5th August 2019, the Government of India moved a resolution in the Parliament to abrogate Article 370 and the state of J&K was reorganised into two distinct Union Territories. Aggrieved by the restrictions, a writ petition (Anuradha Bhasin v. Union of India) was filed to quash the orders issued by the Government, which suspended any/all modes of communication including the internet (as it curtailed the right to free speech and the right to trade through online businesses ) . The Court emphasized that “Freedom of speech and expression and freedom to practise any profession or trade over the internet is constitutionally protected under Article 19(1)(a) and Article 19(1)(g)” but, did not declare that the right to access the internet is a fundamental right, since none of the counsels contended about it.
As the right to the internet was not declared as a fundamental right in the above case, it did not provide any relief to the petitioners. In the case of Foundation for Media Professionals v. Union Territory of Jammu and Kashmir, the petitioners were aggrieved by the restriction imposed on the mobile internet speed (wherein it was reduced to 2G) and hence requested 4G mobile internet. They also sought for the quashing of the impugned orders restricting internet in the Union Territory of Jammu and Kashmir. The Supreme Court considering the fact that there must be a “balance between national security and human rights of the general public”, accepted the contentions of both the parties and stated that a committee will be formed for reviewing the ongoing restrictions imposed in the region.
コメント