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.

What is the Right to the Internet?

Article 19(A) states that “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” It means that to express one’s opinion, one can use the internet, paper media or simple words. There can’t be any ban on such activities as they fall under democratic rights. Thus, it is a necessity to have the internet with us, to be able to voice out our opinions and make the right place for ourselves in democracy.

Right to the Internet in India – A Fundamental Right

Kerala was the first state in our country to provide its own ISP – Internet Service Provider through the Department of Telecommunication in the year 2017. This decision came as a result of the blockade of the internet in Jammu & Kashmir during the revoke of Article 370 after which a plea was made to not hold the shutdowns of internet services. In consideration of this incident, people have started recognizing and knowing their rights which fall under Article 19.

Is the right to the Internet under Article 19 or 21?

The Supreme Court has stated that right to internet does not explicitly fall under any of the articles, but it conveys a lot through Article 19-1(A) and Article 21. Article 19-1(A) states that every person has a freedom of expression and the right to interpret and convey what is right or wrong. And Article 21 states that such information has also the right to liberty and personal safety. This information can be conveyed through internet and that each one of us has the right to access that information, avail it and respond to it.

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.

Conclusion

Internet has not only helped in making difficult tasks easier, but has also helped in education, business, e-commerce sectors and has had a great impact on human rights. It should be accessible to all as it helps every person in some or the other way. Not only education, but internet has also provided people to expand their talents across other countries crossing boundaries of states & opportunities. It has given a great chance of freelancing, expanding the businesses online so as in to increase the profits. It has been a pillar of strength to all with many more technological advancements upcoming in future, be it AI – Artificial Intelligence or Blockchain. In all these domains, internet is used which thereby enables us to automate machines and earn money. These all benefits reassure us with the fact that we are living in a democratic country where every person is entitled to living on it’s own and using the internet for it’s own.

FAQs – Why Access To Internet Is A Fundamental Right?

1. Is Access to the Internet a Fundamental Right?

Yes, the Supreme Court in January, 2020 declared that the right to internet is a fundamental right for all. This statement comes under Article 19 (A) that is in accordance with the ideologies of United Nations. This effect came into action after hearing a plea in 2020 at Jammu & Kashmir related to revoking of Article 370.

2. Why should Internet Access be a Right?

Access to internet should be a right as India being a democratic country has rules to be heard by all. This implies the articles that preach fundamental rights involving each and every person of any background, or region to be able to speak up for a cause or reason. It allows indentification on an individual basis.

3. Is there a Right to Access the Internet?

Yes, there is a right today to access the Internet and let your voices be heard across the country and people. Supreme Court had passed judgement on this and has officially registered it as a statement under Article 19. This complies with the statements of United Nations as well.

4. Why Internet Access should be Free for Everyone?

Living in a democratic country, one should have the right to access one’s own fundamental rights, and accessing internet is one of them. Free internet not only helps the poor and marginalised in education, but is also useful for people who are commuting continuously. It ensures better connectivity, professionalised way of learning and provides a chance to keep our point of view.

5. Does Everyone Need Access to the internet?

Yes, everyone needs access to internet as one can’t deny the fact that life cannot continue without the realm of internet. It is beneficial for education, quality content, business and sharing feelings and thoughts across the globe etc. It is a platform where multiple users can interact and can bring about maximum output from it.