IS RIGHT TO INTERNET A FUNDAMENTAL RIGHT?

Nowadays internet has become an essential part of life. It is impossible to think a lifestyle without the involvement of internet. But there are situations where the people have experienced life without internet without their consent. Situations like internet ban have led the citizens to approach court against this arbitrariness of the government. There are certain cases in which ‘Right to Internet’ has been upheld as a part of article 21. ‘Discontinuation of internet services would mean violation of article 21.’ Article 21 ‘guarantees protection of rights & personal liberty’. It states that ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. ‘The object of article 21 is to prevent encroachment upon personal liberty & deprivation of rights.’

In September Kerala High Court has passed a judgment in which the court has declared & upheld ‘Right to Access Internet as a Fundamental Right’. The Court declared that the right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India.

In the present case of Allahabad High Court, it was held that ‘The right to have continuous Internet Service in the present era is an extension of the right to live and, as such, discontinuation of that is in violation of Article 21 of the Constitution of India’. The advocates for the case had argued that ‘in present days where each and every activity of life is dependent to the Internet services, the Administration must adopt some other mode and methods to meet with different eventualities pertaining to the law and order issues’.

They have said that bringing down or discontinuation of internet services might be important to tackle with administrative exigencies. But it affects more to general services which are essential for smooth running of life. The advocates have specifically pointed out ‘that the judicial system is most hit by the suspension of internet services.  They have said that it is not only the judicial functioning, but the banking activities, administrative activities, educational activities, medical activities, traffic movement may that be by Railways, Airways or Road nowadays and several other activities are functional online with the aid of Internet Services. All such services are essential to have smooth day to day life’.

In judgement of Kerala High Court too, the petitioner has also pointed out the merits of internet usage such as ‘ability to access and use digital resources to learn and communicate’.

From these cases it has been upheld that Right to Internet is a Fundamental Right.

Report By-

Harsh Vardhan Gupta

Student Reporter, INBA