Right to Internet

I have Internet or I’m able to use Internet is not a small thing, there are more than 60% people in the world who doesn’t even have this Right to Internet and if we talk about the least developed countries only one out of 10 people have access to Internet further there are several countries that doesn’t allow their citizens to access specific kind of contents.

But is it possible to think about a country’s development without digitalization?

To prevent such tactics of the government and in order to provide basic Internet for all in 2016 UNHRC (United Nation Human Rights Council) said that Right to Internet should be made a fundamental right.

In India there were around more than 400 Internet shutdowns, on 4th August when Article 370 was revoked by the Parliament from the constitution and Jammu and Kashmir was divided into two Union Territory and in order to maintain security imposition of Section 144 which prohibits five or more than five people’s assembly and along with which Internet was shutdown, which was in turn the longest shutdown of India, so as we see that due to certain security concerns on 4th August 2019 Inter5net was shut down in Jammu and Kashmir and after 213 days it was restored making it the longest internet shutdown in Indian History.

Case Laws:

Faheema Shirin R.K. V. State of Kerala

In this case Faheema Shirin a college student in whose girl’s hostel doesn’t allow the usage of cell phones between 6PM to 10PM, and a subsequent case was filed before Justice PV Asha, the court keeping in mind the learning and development process of the students gave the judgment that Right to access internet is a fundamental right and it is also added with the right to privacy mentioned in Article 21, and along with that right to internet was included as a right to education.

Anuradha Basin v. Union of India

This case relates when in Jammu and Kashmir there was 100 days Internet shutdown, a case was filed on 10th January, in which the internet shutdown from 4th August 2019 was challenged, mentioning that it is violative of Article 19 where Right to Internet is a part of 19(1a), the Supreme Court in its judgment said that imposing temporary restriction on any services is permissible in case of security concern of the state but for a indefinite period, internet services cannot be suspended, after this judgment lowest speed internet was provided in Jammu and Kashmir.

Foundations of Media Professionals v. Union of India (4G Case).

In this case the suspension of 3G and 4G internet services was challenged. It was said that ban on internet services violates the basic fundamental Right to Education, Right to Profession, Right to Health and other various fundamental rights. The Supreme Court in this case issued directions to resume 4G services and a subsequent committee was also setup, and the center directed to resume the Internet services as a trial basis at specific places in Jammu and Kashmir after 15 August.

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