Right to Internet Access Supreme Court Judgement
In the year 2019, India passed an order to revoke Article 370 which led to strike across some parts. At that time Jammu & Kashmir was under Internet blockade. It was that when a plea was made in the Supreme Court citing the effects of No Internet in the state. Thus, the Supreme Court declared right to internet under Article 19 citing causes and effects of being in a democracy and letting everyone be heard. This statement came in accordance with the United Nations which also complies with the same rules that internet should be accessible to all and is everyone’s fundamental right.
Bhasin Vs. Union of India, 2019 (Anuradha Bhasin Judgement)
The Supreme Court’s judgement comes as a king’s rule as it being the top court has passed it’s statements in many other important cases. One such case was the Bhasin Vs. Union of India (Anuradha Bhasin Judgement) that occurred in the year 2019. In this case The Supreme Court opposed the sudden restrictions of internet faced during shutdown in Jammu & Kashmir. It said that no one had the right to make the internet inaccessible to anyone as it was a threat to human rights, and said the government to take action against the shutdown. It stated that if internet was to be curbed then legal rights had be cited in order to check the authenticity and seriousness of the case.
Faheema Shirin v. State of Kerala (2019)
Another such case was the Faheema Shirin v. State of Kerala (2019) where in the students of hostel were restricted from using mobile phones during night hours. The plea stated that due to opposition from hostel the students were not able to contact with their parents, moreover this also hampered their study. The Kerala Court then declared the reasons and rules as unjustifiable and unreasonable and ordered to revoke such laws, harming the integrity of democracy then and there.
Why Access To Internet Is A Fundamental Right?
Access to the Internet for all is a fundamental and important right. It not only provides us with the benefit of democracy but also opens up endless doors of opportunities, be it through online availability of jobs, or through freelancing, be it learning online or teaching. Internet today is a vast sea consisting of millions of advantages beneath itself which remains hidden sometimes, but is necessary to point them out from time to time.
Table of Content
- What is the Right to the Internet?
- Right to the Internet in India – A Fundamental Right
- Is the right to the Internet under Article 19 or 21?
- Right to Internet Access Supreme Court Judgement
- Conclusion