Wednesday, 26 January 2022

RIGHT TO INTERNET AS A FUNDAMENTAL RIGHT

 


             RIGHT TO INTERNET AS A FUNDAMENTAL RIGHT


INTRODUCTION

All of the people are now facing a big pandemic which is greatly influencing the economy worldwide. Due to covid 19 more than 50% of the world is communicating through online resources. The shift of the world from offline to online made internet access as an essential part of life. Dr.B.R. Ambedkar said that constitution is the soul of the nation, it not only protect the rights of the citizen but also guide the government to make public welfare policies. In covid 19 emergency situation right to internet access become an important human right. The world changed to online on every platform. So without internet access we cannot fulfil the daily goals, the education system itself changed to internet platform so it is clear about the importance of internet access. United Nations Human Right Council (UNHRC) in 2016 said that Right to internet should be made as a fundamental right. In August 2012, the internet society did a survey among 20 countries and 83% believed that right to internet should be given as a fundamental right and 13% opposed the opinion. In past 10 years there were around 400 internet shutdowns in India.

4TH AUGUST 2019

On 4th August 2019 when Indian parliament revoked Article 370 from the constitution and separated the state of Jammu and Kashmir into two union territories that is Jammu and Kashmir and ladakh and for maintaining the security the government imposed Section 144 which prohibits the assembly of more than 5 people along with this they did internet shutdown and this shutdown become the longest internet shutdown of India. On 4th August 2019 due to security reasons internet is shut down in Jammu and Kashmir and it takes 213 days to restore it (4th march 2020). 

ANALYSIS ON THE BASIS OF CASE LAWS

  1. FAHEEMA SHIRIN VS. STATE OF KERALA (SEPTEMBER 2019) – in this case faheema shirin who is a college student, in their college hotel there was a rule that they are not allowed to use cell phones between 6 to10. Opposing this restriction of the hostel this case was filed in front of justice P V Asha single judge bench of the Kerala high court, keeping in mind the learning process and development of the students the court took an important judgement. The court in this case said that Right to access internet is a fundamental right and it was added with Right to privacy under article 21 of the constitution and also with right to education.

  2. ANURADHA BHASIN VS. UNION OF INDIA (10TH JANUARY 2020) – This case directly connects to Jammu and Kashmir and it is filed on 10th January 2020. In this case the internet ban imposed on 4th august was challenged. They said that restricting physical movement along with shut downing all the mediums of online communication violates fundamental right Article 19 of the constitution as right to internet is a part of Article 19(1) (a).supreme court in this case held that due to immediate threat or security concern a temporary ban on service is permissible but ban of internet services for an indefinite time is not right, the balance between national security and human rights should be maintained. Because of the case 2G services was restored in Jammu and Kashmir.

  3. FOUNDATION OF MEDIA VS. UNION OF INDIA – This case was widely known as 4G case. In this case the ban on 3G and 4G internet service in Jammu and Kashmir was challenged. In this case they said that such ban on internet services completely violates right to education, right to profession, right to health and many fundamental rights. Supreme Court issued directions to resume 4G services and also setup a committee along this after much discussion, centre directed to resume 4G services as a trial basis on limited areas of Jammu and Kashmir after 15th August.

CONCLUSION

The pandemic paved ways to ensure a seat for internet access as a fundamental right. Now internet access become very essential part of everyone’s life. Under Article 21, 19 and 14 of the Indian constitution if one part is restricted to access internet that violates the fundamental right. The time proved the important of internet in the daily life of human’s and now in everywhere we are using the help to internet.


By,

Asha Sebastian.


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