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India and Right To Internet

The document discusses the right to internet in India. It argues that access to the internet should be considered a fundamental right for three reasons: 1) It enables freedom of speech and expression. 2) It allows people to practice professions and businesses beyond borders. 3) It facilitates the fundamental right to education by making information and knowledge more accessible. Several court cases in India have affirmed aspects of internet access as integral to fundamental rights, but the Supreme Court has stopped short of fully declaring access a fundamental right.

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212 views

India and Right To Internet

The document discusses the right to internet in India. It argues that access to the internet should be considered a fundamental right for three reasons: 1) It enables freedom of speech and expression. 2) It allows people to practice professions and businesses beyond borders. 3) It facilitates the fundamental right to education by making information and knowledge more accessible. Several court cases in India have affirmed aspects of internet access as integral to fundamental rights, but the Supreme Court has stopped short of fully declaring access a fundamental right.

Uploaded by

mahua
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INDIA AND RIGHT TO INTERNET

The Internet has now become synonymous with a platform where people can voice their
opinions, share information and most importantly communicate with other people across the
globe in real time. The internet has opened new doors of opportunities for people and helped
then improve the quality of their lives. It has time and again proved to be the manifestation of
creativity and innovation.
India being one of those fortunate countries where freedom of speech and expression is a
fundamental right, also has the advantage of accessing the internet. With ever increasing users of
the internet in India, it can now be said that the internet has become a staple for modern India.
It is believed that Although internet is a platform which fosters rights of individuals, it can also
pose a negative impact on such rights and because of this belief there have been several instances
of ‘internet shutdown’ in the past few years in India. Such ‘internet shutdowns’ not only deprive
people of their right to the internet but also has a negative effect on the economy of the country.

● Right to Internet

A society thrives on information and knowledge and the internet is its largest source. And so the
ability to access the internet is considered as a positive right. Right to Internet is two fold right.
Primary being the right of availability of infrastructure necessary to access the internet and
secondary is the right to access the content on the internet. The right to access the contents on the
internet helps in realisation of the rights of individuals guaranteed under the Constitution of
India,hence should not be curtailed. It is the ultimate right of the people to receive complete and
correct information.
There is a need to perceive access to internet as a right because it helps in apprehension of
following three fundamental rights:

1. Freedom of Speech and Expression [Article 19(1)(a)]

Article 19(1)(a) provides every citizen the freedom of speech and expression. This right
empowers a citizen to express their opinions and freely participate in the political and
social happenings of the country. Since the internet is the new and widely used platform
where a person can express his opinions to the world, access to the internet enables a
person to exercise his freedom of speech and expression and hence it can be considered
as a right under Article 19(1)(a).

2. Right to practise any Profession or to carry on any occupation, trade or business


[Article 19(1)(g)]
Internet is not only a platform for expression of opinions but it has also to a greater extent
changed the ways of trade and professions in India. Businesses are no longer confined by
state or national borders. A small retailer can now sell his products to any person in the
world with the help of the internet. The global nature of the internet enables individuals
to practice any profession or trade beyond the boundaries of domestic markets. Even a
day’s internet shutdown leads to humongous loss to these businesses and hence there’s a
need to perceive access to the internet as a right.

3. Right to Education [Article 21A]

Article 21A of the constitution of India provides that it is the fundamental right of every
child belonging to the age group of 6-14 years, to obtain free and compulsory education.
Internet has proven to be a huge source of knowledge and information. It not only helps
in making education accessible to all person but also improves the quality of education.
Internet helps in realising the right to education.

● Right to Internet - A Fundamental Right

Time and again the question of whether the right to the internet is a fundamental right or not has
come before the Apex and other courts of India. This question was brought before the High
Court of Kerala in the case of Faheema Shirin.R.K vs State Of Kerala 1 on 19 September, 2019.
In this case ,the petitioner challenged the rule of Women’s hostel of Narayana Guru College
restricting the use of mobile phones from 10:00 pm to 6:00 am and then from 6pm to 10pm. The
High Court of Kerala found such restriction to be absolutely unwarranted. The court relied upon
international conventions which ensures women’s online freedom of expression. The court was
of the opinion that the hostel should enforce only those rules and regulations which are necessary
for maintaining discipline and should not use them for blocking the means of students to acquire
knowledge. The High Court in this case affirmed that the right to access the internet is a part of
the right to education and hence it is a fundamental right itself.

The question of whether right to access the internet is a fundamental right or not also came up
before the Apex Court. On 5th August 2019, the centre revoked Article 370 from Jammu and
Kashmir and declared it as a Union Territory and ordered total internet shutdown in the union
territory. This internet shutdown was challenged in the case of Anuradha Bhasin v. Union of
India and ors.2 in which . The court declared that the freedom of speech and expression and trade
on the internet is a fundamental right integral to Article 19. Solely on the ground that the internet

1 WP(C).No.19716 OF 2019(L)

2 WRIT PETITION (CIVIL) NO. 1031 OF 2019


has a huge impact and circulation of information is easy, the state cannot deny freedom of speech
on the internet by restricting the right to access the internet. The court gave the right to access the
internet a fundamental character but didn't declare it as an absolute fundamental right.
After the decision of the Supreme court in the Anuradha Bhasin case, the absolute ban on
internet services was lifted. But the internet speed was restricted only to 2G. This restriction on
internet speed was challenged before the Supreme Court in the case of Foundation for Media
Professionals Vs. Union Territory of Jammu Kashmir & Anr.3. The petitioners contended that the
critical situation caused by COVID 19 has made it necessary to resume 4G internet services so
that the medical staff can access the necessary information. The petitioner contended that such
restriction is violative of freedom of speech and expression ( Article 19), right to life (Article 21)
and right to education (Article 21A) of the Indian Constitution. However the Supreme Court
rejected the petition for restoration of 4G internet service in the union territory of Jammu and
Kashmir. The Supreme Court has set up a ‘special committee’ to immediately decide whether
the prevailing restrictions on the internet services are necessary.

Therefore it can be said that in India, the right to freedom of speech and expression and trade and
education on the internet are fundamental rights. But the Supreme Court has not yet specifically
declared the right to access the internet as a fundamental right.

3 [Writ Petition (Civil) .......... of 2020 (D. No. 10817 of 2020)]

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