Fundamental rights meant a vital component in the Constitution of India. It is mentioned in Part III of the Constitution, under Article 12 to 35. Fundamental rights are the Magna Carta of India.
The fundamental rights promote the ideal of political democracy in India. They protect the rights and liberties of the citizens. They prevent the establishment of an authoritarian and despotic rule in the country.
The fundamental rights are for all the individuals without any type of discrimination or exclusion. They uphold the equality and dignity of the individuals and maintain the unity among the people.
Need of right to internet
Today’s world is complex and concise. Everyone is performing their activities through devices that demand internet access to function properly.
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The internet is an ocean of information which helps the users to stay updated with the things going around. Therefore, Broadband and mobile internet are the lifeline for the people around the world.
The Internet is an important component for citizens to regulate and check the government functioning. As it plays a key role in accessing the information and making decisions accordingly. Being a residence of a democratic nation, Indian citizens have the right to keep a check on and observe the activities of the government and concern authorities. The internet becomes an easy and valuable source of this information.
Initially, only newspapers were available to know the happenings, but today the news can reach to people even before it is printed and delivered through the newspaper.
We can observe the growth of the online applications that help an individual to order food, such as Zomato etc. Some other apps can help to book for a mechanic or even the beautician. An individual can now call a cab at their door steps just with one click; this is the magic of the internet.
During nationwide lockdown, the individuals were able to practice work-from-home only because of the availability of the internet. Under such circumstances, the right to the internet becomes necessary to promote the right to education.
The schools have started teaching the students through online mode, even the examinations, activities, assignments, etc. are conducted online. Thus, the internet becomes necessary to attend the classes. The internet has ensured the continuation of the regular activities of the individuals in a different manner but accurately.
INTERNET AS A FUNDAMENTAL RIGHT
Recently, there has been a debate over the inclusion of the Right to internet under the fundamental rights. It was emphasized that the Right to Internet must be included under the Right to freedom along with the Right to Speech and Expression.
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Kerala High Court in Faheema Shirin vs State of Kerala (2019) declared the Right Internet access as a fundamental right. It forms a part of the Right to Privacy and the Right to Education under Article 21 of the Indian Constitution.
In the present digital world where almost every service is digitized, it is important to recognise the Right to Internet access as an independent right. Court observed that the internet acts as a learning tool and nobody can impose restrictions on it.
The Human Rights Council of the United Nations also regards the Right of access to the Internet as a fundamental freedom. According to the human right council it is a tool to ensure the Right to education. Also, the Supreme Court has declared that access to the internet is protected under Article 19 of the Constitution.
CHALLENGES BEFORE UNIFORM INTERNET ACCESS
Though, the recognition of such a fundamental right is laudable, it does have reasonable restrictions under specified circumstances. The judgment gave administration space to restrict internet access on the condition that it’s proportionate to the problem identified.
This formulation seems fuzzy and could provide enough scope for administration to justify internet snap-offs in various cases. Further, a digital divide in the economy would render a sizable proportion of the population unable to enjoy the fundamental right to Internet. This will eventually lead to furthering of social disparities. Moreover, the rising number of cyber related crimes would leave more people susceptible in absence of proper guidelines related to the Right to Internet access.
Conclusion
The Right to Internet access and digital literacy will empower citizens with increased access to information, services. The Internet itself is a great force which has shackled the monotony and global order by its brute force. Anything has two sides and we all know that the internet is a boon and bane at same time.
Both good and bad powers have large implications on the lives of people. As both Supreme and High Courts have different judgements on this particular case. Let’s see what happens.