India | Right to Internet as a Fundamental Right

India | Right to Internet as a Fundamental Right
Posted on 29-01-2022

I have internet and that's not a small thing to have

because there are 60% of people in the world who doesn't have right to internet

and if we look at least developed countries only 1 out of 10 people have internet access

along with this there are many countries which doesn't allow their citizens to access specific contents, they restrict it to do so

But in today's generation no development is possible with out digitalization

so looking at the suppressive tactics of the governments

In 2016 UNHRC said that Right To Internet should be made a fundamental right

Many years back like this only they asked for a new right to become a fundamental right which was Right To Education

So now let's talk about India

In past 10 years there were around 400 Internet shutdowns in India

and if we talk about past 1 year

On 4th Aug 2019 when Indian parliament revoked Article 370 from the constitution

and separated the state of Jammu and Kashmir in to two union territories i.e Jammu and kasmir and laddakh

and for maintaining the security the government imposed section 144

which prohibits the assembly of more than 5 peoples

along with this they did Internet Shutdown and this shutdown becomes the longest internet shutdown of India

So due to security concerns, on 4th Aug 2019 the internet services of J&k was suspended

and it gets restore after 213 days i.e on 4th March 2020

and that's why it becomes the longest shutdown of the country

between these two dates there was 3 important judgement's made

which in future decides the new right of the nation, Right to Internet

In today's video we will discuss about these 3 imp cases

1st case is of Faheema Shirin R.K. v. State of Kerala

In this Faheema Shirin who is a college student,

in their girls hostel 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, this court produced an imp judgement

and said that Right To Access Internet is a fundamental right

and it was added with Art.21 of the constitution i.e Right to privacy

and Right to Access Internet was added in relation with Right to Education

So this was the case of Faheema shirin

2nd case is Anuradha Bhasin v. Union of India

Now this case directly relates with Jammu and kashmir

this case was filed on 10th January, in which the internet ban was challenged, which was imposed on 4th Aug

they said that restricting physical movement along with shut downing all the mediums of online communication

violates fundamental right Art. 19 of the constitution as Right to Internet is a part of Art. 19 (1a)

Supreme court said, due to immediate threat or security concern a temporary ban on any services is permissible

but for indefinite period, internet services cant be suspended

the balance should be maintained between national security and human rights

So after the judgment of 10th january, the lowest speed 2G internet was allowed in J&K

but after the case of Anuradha Bhasin one more cased was filed on court

the case was of Foundation of Media Professionals v. Union of India

in this case the ban on 3G and 4G internet service in J&K was challenged

this case is popularly also known as 4G case

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, center directed to resume 4G services as a trial basis on limited areas of J&K after 15 Aug

So we will cover the whole discussion quickly through this timeline

it all started on 4th Aug 2019

when internet services of J&K got suspended for indefinite period due to national security concerns

Now come to Sept 2019

the case of Faheema shirin, in which kerala the most literate state of India said that Right to Internet is a fundametal right

you should also know that Kerala State government is running a project

in which they are providing internet at a subsidized rate to 20 lakh poor families

so this was Faheema shirins case

now we will look at Jan 2020, Anuradha Bhasins judgement

in this case supreme court said that due to immediate threat

you can disable services temporarily but indefinite ban is not at all right

and after this case the 2G services got resumed in J&K

Finally comes the case of Foundation For Media Professionals

in this case supreme court said that

it is very important to maintain balance between national interest and human rights

and due to this case 3G and 4G services got resumed in some areas of J&K

So today's discussion was on Right to Internet

we discussed 3 important cases

I hope you all liked today's video and you are using your Right to Internet positively

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