Home Constitution RIGHT TO INTERNET: A FUNDAMENTAL RIGHT 2021

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT 2021

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT
RIGHT TO INTERNET: A FUNDAMENTAL RIGHT

In today’s world, almost no one or very limited people can imagine a place without the internet. This shows us how much we depend on this eight-letter word. Living in the 20th century means having access to the internet at our fingertips. Internet was invented in the year in 1983 on the 1st of January.

Initially, the internet wasn’t sufficient for its users. Later, with the development of the World Wide Web by Tim Berners Lee, the internet saw an increased rage in its number of users and got an immense recognition which served as a breakthrough. Since that day one has only seen the stakes going high and an increasing dependency on the internet.

Kerala High Court

The question that arises is that with the soaring heights of this technology and it becoming an important part of our day to day lives is whether the right to the internet is a human right or not? It was only after the judgement in the case of Faheema Shirin v. the State of Kerala; the Kerala High Court stated that the right to the internet is a Fundamental Right which forms a part of the Right to education and Right to privacy under Article 21 of the Constitution.

However, with certain amendments, it was finally made a Fundamental Right in 2020 all over India. This change was seen significantly after the case of Anuradha Bhasin & Anr v. Union of India and Ors was brought up in the Court following the ban on the internet in Jammu and Kashmir, which was being challenged since 2019.

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RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution

Supreme Court

The Supreme Court held that a restriction on the physical movement along with the ban on the internet, violated Article 19 of the Constitution which states that the Right to the Internet is a Fundamental Right guaranteed under Article 19(1)(a) of the Constitution. The Supreme Court also stated that a temporary ban on the internet services can be imposed in certain parts of the country for national security purposes but the ban cannot be imposed for an indefinite period of time as a balance between the national security and human rights should always be maintained.

The Court said that as the internet has become an essential part of everyday lives and therefore the freedom to practice any profession and the freedom of speech and expression requires the right to the internet as a fundamental right. The ban on the 3G and the 4G internet services was challenged in the case of Foundation of Media Professionals v. Union Territory of Jammu and Kashmir & Anr. The main argument was that that the ban on internet services also violated the Right to Education, Right to freedom and expression, Right to Profession and Right to Health and other such fundamental rights.

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Media Professionals v. Union Territory of Jammu and Kashmir & Anr: RIGHT TO INTERNET: A FUNDAMENTAL RIGHT

Enables enhanced utility value of primary necessities

One can say that along with internet access, access to education, information, finance and credit facilities come too. In terms of social benefits, internet access helps by facilitating and enabling an enhanced utility value of primary necessities, internet access can prove a useful accelerator in all social development objectives and targets of the Sustainable Development Goals.

When we look at the journey in the two cases from Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh, two things clearly stand out. First, that how the Court had relied on the Directive Principles such as Articles 38, 39, 41 and 45 to conclude that the fundamental rights guaranteed to citizens, under Article 21 and 19, cannot be realised without ensuring the right to education.

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Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh

Maneka Gandhi vs the Union of India

Further, in the case of Maneka Gandhi vs the Union of India, the test which was given by the Court was that whether the right which has been claimed is an integral part or is of the same nature as named. Also, these rights need to be ‘in reality and substance nothing but an instance of the exercise of the named fundamental right.

CONCLUSION:

As everyone knows the Indian Constitution has consistently interpreted Article 21 as a very broad concept and comprises numerous rights which are linked with Article 21 that comprises all the rights and activities which form an essential part of life. With the internet affecting almost each and every aspect of all the individuals as well as becoming a condition precedent for the application of numerous directive principles related to social and economic welfare, it can be postulated that the right to internet access can be recognised as a human right within the Indian constitutional system.

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh

RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh RIGHT TO INTERNET: A FUNDAMENTAL RIGHT: Article 19(1)(a) of the Constitution, Media Professionals v. Union Territory of Jammu and Kashmir & Anr, Mohini Jain vs the State of Karnataka to Unni Krishnan vs. State of Andhra Pradesh

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