20/06/2021
๐๐๐๐๐๐๐ ๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐ ๐ ๐
๐๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐ ๐๐๐?
During the pandemic, a five-judge Bench headed by Justice N.V.Ramana, a very significant decision was made by the Supreme Court of India, saying that โ๐๐ฐ๐ฐ๐ฒ๐๐ ๐๐ผ ๐๐ต๐ฒ ๐๐ป๐๐ฒ๐ฟ๐ป๐ฒ๐ ๐ถ๐ ๐ฎ ๐ณ๐๐ป๐ฑ๐ฎ๐บ๐ฒ๐ป๐๐ฎ๐น ๐ฟ๐ถ๐ด๐ต๐โ under ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ญ๐ต of the ๐๐ผ๐ป๐๐๐ถ๐๐๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐๐ป๐ฑ๐ถ๐ฎ, and directed the concerned authority to review the Orders imposed in the State of Jammu & Kashmir within a week.
In the name of protecting public order, severe movement and internet restrictions including suspension of mobiles, landlines, and internet services were imposed in the Jammu and Kashmir region on 4th August 2019. This was followed by the Indian Government issuing the ๐๐ผ๐ป๐๐๐ถ๐๐๐๐ถ๐ผ๐ป (๐๐ฝ๐ฝ๐น๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป ๐๐ผ ๐๐ฎ๐บ๐บ๐ ๐ฎ๐ป๐ฑ ๐๐ฎ๐๐ต๐บ๐ถ๐ฟ) ๐ข๐ฟ๐ฑ๐ฒ๐ฟ, ๐ฎ๐ฌ๐ญ๐ต, which revoked Jammu and Kashmir of its special status offered by ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฏ๐ณ๐ฌ of the Constitution of India. Consequently, ๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ญ๐ฐ๐ฐ of the Criminal Procedure Code, 1973, was imposed throughout the territory to maintain peace and security in the State.
To answer the following topic that โ๐ช๐ต๐ฒ๐๐ต๐ฒ๐ฟ ๐ฎ๐ฐ๐ฐ๐ฒ๐๐ ๐๐ผ ๐๐ต๐ฒ ๐ถ๐ป๐๐ฒ๐ฟ๐ป๐ฒ๐ ๐ถ๐ ๐ฎ ๐ณ๐๐ป๐ฑ๐ฎ๐บ๐ฒ๐ป๐๐ฎ๐น ๐ฟ๐ถ๐ด๐ต๐?โ we have to understand the meaning of certain terms.
๐๐๐๐๐ฌ๐ฌ ๐ญ๐จ ๐๐ง๐ญ๐๐ซ๐ง๐๐ญ: The term โ๐๐ฐ๐ฐ๐ฒ๐๐ ๐๐ผ ๐๐ป๐๐ฒ๐ฟ๐ป๐ฒ๐โ means the uninterrupted use of internet or broadband connections or freedom to connect and enable the people to enjoy their rights to freedom on the use of the internet.
๐
๐ฎ๐ง๐๐๐ฆ๐๐ง๐ญ๐๐ฅ ๐๐ข๐ ๐ก๐ญ: These are the set of rights that are recognized by the Constitution of India under ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ๐ ๐ญ๐ฐ ๐๐ผ ๐ฏ๐ฎ as requiring a high degree of protection from governmental encroachment. Fundamental Rights have also been aimed at countermanding the inequalities of pre-independence social practices. If any of the fundamental rights have been violated, one has the liberty to move before the court of law to seek remedy against the same.
Internet access is ever-evolving and transforming the lives of people around the globe. In this 21st century, the use of the internet has become an indispensable part of the lives of people. The dependency on the internet is increasing day by day. The purview of the internet is now not limited to certain areas but it has widespread throughout the areas of education, communication, trade, and commerce and has progressed since the outpouring of the internet in the hands of the public.
๐๐๐๐๐๐ ๐๐
๐๐๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐ ๐๐๐ :
This new digital era has a dismaying and vexatious for the older generation who are unable to cope up with this digitalization process. But, as we have studied in our school days that there is always a boon and bane to everything. Similarly, there are some advantages and disadvantages of digitalization, these are the following:
๐๐๐ฏ๐๐ง๐ญ๐๐ ๐๐ฌ ๐จ๐ ๐๐ข๐ ๐ข๐ญ๐๐ฅ๐ข๐ฌ๐๐ญ๐ข๐จ๐ง:
(a) The digital era brings all the information to our fingertips within a second.
(b) The digital era has transfigured the communication process. It enables us to connect to the globe by sitting in a corner.
(c) It has opened a new scope and opportunity for the job perspective.
(d) It has given a new way to the business process; nowadays people are more reliable on networking business and online business.
(e) Due to the high competition in the commercial world, the digitalization process has given us more options to choose from.
๐๐ข๐ฌ๐๐๐ฏ๐๐ง๐ญ๐๐ ๐๐ฌ ๐จ๐ ๐๐ข๐ ๐ข๐ญ๐๐ฅ๐ข๐ฌ๐๐ญ๐ข๐จ๐ง:
(a) The digitalization process has given birth to many digital crimes which are generally known as โ๐๐๐ฏ๐ฒ๐ฟ ๐๐ฟ๐ถ๐บ๐ฒ๐โ.
(b) Easy access to information increases the chance of misuse.
(c) There is a higher risk of hacking and data theft.
(d) Weakening of social skills and community.
(e) This process has given rise to anti-nationals and terrorists to destabilize the peace and tranquillity of the nation, i.e., โ๐๐๐ฏ๐ฒ๐ฟ ๐ง๐ฒ๐ฟ๐ฟ๐ผ๐ฟ๐ถ๐๐บโ.
The Constitution of India has enshrined ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ญ๐ต(๐ญ)(๐ฎ) as one of the fundamental rights for all citizens. It guarantees to all the citizens the โ๐ฅ๐ถ๐ด๐ต๐ ๐๐ผ ๐๐ฟ๐ฒ๐ฒ๐ฑ๐ผ๐บ ๐ผ๐ณ ๐ฆ๐ฝ๐ฒ๐ฒ๐ฐ๐ต ๐ฎ๐ป๐ฑ ๐๐
๐ฝ๐ฟ๐ฒ๐๐๐ถ๐ผ๐ปโ. In many cases, the court of law has expanded the scope of this Article.
Now a day, the internet is a primary source of information to the people, therefore it should be declared as a fundamental right of the citizens. Many countries and international organizations have considered that internet access rights are one of the basic human rights. ๐จ๐ป๐ถ๐๐ฒ๐ฑ ๐ก๐ฎ๐๐ถ๐ผ๐ป๐ ๐๐ฒ๐ป๐ฒ๐ฟ๐ฎ๐น ๐๐๐๐ฒ๐บ๐ฏ๐น๐ ๐ถ๐ป ๐ญ๐ต๐ต๐ฏ stated that it is the duty of States, regardless of their political, economic, and cultural systems to promote and protect all human rights and fundamental freedoms of an individual. Its openness and interactivity make it possible for people to gain more resources at a much lower cost by exchanging ideas, expressing themselves, and increasing the reach of the people.
The recent ruling of the Apex Court is in sync with the United Nation which speaks out that internet access is a fundamental right. We have the internet and thatโs not a trifling matter because 60% of the people in the world do not have internet access and if we talk about the under developing countries we can see that only 1 in 10 people have the access to the internet along with this some countries prohibit their citizens to access specific contents. But in this era, no development is possible without digitalization. So looking at the suppressive tactics of the government, the ๐จ๐ป๐ถ๐๐ฒ๐ฑ ๐ก๐ฎ๐๐ถ๐ผ๐ป๐ ๐๐๐บ๐ฎ๐ป ๐ฅ๐ถ๐ด๐ต๐๐ ๐๐ผ๐๐ป๐ฐ๐ถ๐น (๐จ๐ก๐๐ฅ๐) said that โ๐๐๐๐๐ฉ ๐ฉ๐ค ๐๐๐๐๐จ๐จ ๐ฉ๐๐ ๐๐ฃ๐ฉ๐๐ง๐ฃ๐๐ฉ ๐จ๐๐ค๐ช๐ก๐ ๐๐ ๐ ๐๐ช๐ฃ๐๐๐ข๐๐ฃ๐ฉ๐๐ก ๐ง๐๐๐๐ฉโ.
In the past 10 years, in our country, there were around 400 internet shutdowns in India, out of which the longest shutdown was done in the year of 2019 on the 4th of August and it takes 213 days to restore it, i.e. on ๐ฐ๐๐ต ๐ ๐ฎ๐ฟ๐ฐ๐ต ๐ฎ๐ฌ๐ฎ๐ฌ. In Jammu & Kashmir, when the Parliament revoked Article 370 from the Constitution and declared Jammu & Kashmir and Ladakh as the Union Territories of India and imposed Section 144 of The Code of Criminal Procedure, 1973 which prohibits the gathering or assembly of 5 or more people for maintaining the peace and tranquillity of the place.
The historic case of ๐๐ฎ๐ต๐ถ๐บ๐ฎ ๐ฆ๐ต๐ถ๐ฟ๐ถ๐ป ๐ฅ.๐. ๐/๐ ๐ฆ๐๐ฎ๐๐ฒ ๐ผ๐ณ ๐๐ฒ๐ฟ๐ฎ๐น๐ฎ, ๐๐ (๐พ) ๐ฃ๐ค. 19716 ๐ค๐ 2019 (๐), was filed in front of Single Judge Bench of ๐๐๐๐๐ถ๐ฐ๐ฒ ๐ฃ.๐ฉ.๐๐๐ต๐ฎ of the ๐๐ฒ๐ฟ๐ฎ๐น๐ฎ ๐๐ถ๐ด๐ต ๐๐ผ๐๐ฟ๐ and keeping in mind the learning and development of the students remarked that the โ๐ข๐ค๐ค๐ฆ๐ด๐ด ๐ต๐ฐ ๐ต๐ฉ๐ฆ ๐ช๐ฏ๐ต๐ฆ๐ณ๐ฏ๐ฆ๐ต ๐ช๐ด ๐ข ๐ง๐ถ๐ฏ๐ฅ๐ข๐ฎ๐ฆ๐ฏ๐ต๐ข๐ญ ๐ณ๐ช๐จ๐ฉ๐ตโ ๐ง๐ฐ๐ณ๐ฎ๐ช๐ฏ๐จ ๐ข ๐ฑ๐ข๐ณ๐ต ๐ธ๐ช๐ต๐ฉ ๐ฐ๐ง ๐ณ๐ช๐จ๐ฉ๐ต ๐ต๐ฐ ๐ฑ๐ณ๐ช๐ท๐ข๐ค๐บ ๐ข๐ฏ๐ฅ ๐ณ๐ช๐จ๐ฉ๐ต ๐ต๐ฐ ๐ฆ๐ฅ๐ถ๐ค๐ข๐ต๐ช๐ฐ๐ฏ ๐ถ๐ฏ๐ฅ๐ฆ๐ณ ๐๐ณ๐ต๐ช๐ค๐ญ๐ฆ-21 ๐ข๐ฏ๐ฅ 21๐ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐๐ฐ๐ฏ๐ด๐ต๐ช๐ต๐ถ๐ต๐ช๐ฐ๐ฏ ๐ฐ๐ง ๐๐ฏ๐ฅ๐ช๐ข ๐ณ๐ฆ๐ด๐ฑ๐ฆ๐ค๐ต๐ช๐ท๐ฆ๐ญ๐บ.
The second most important case was ๐๐ป๐๐ฟ๐ฎ๐ฑ๐ต๐ฎ ๐๐ต๐ฎ๐๐ถ๐ป ๐/๐ ๐จ๐ป๐ถ๐ผ๐ป ๐ผ๐ณ ๐๐ป๐ฑ๐ถ๐ฎ, ๐.๐ (๐พ๐๐ซ๐๐ก) ๐๐ค. 1031 ๐ค๐ 2019. In this case, the ban on the internet was challenged and said that the restriction on physical movement and the online communication process was violative of Article 19 of the Constitution of India, and then the ruling came out the suspension and restriction on the internet for an indefinite period is not permissible. The balance between National Security and Human Rights should be maintained properly and the result came out that โ2๐ ๐๐ฃ๐ฉ๐๐ง๐ฃ๐๐ฉ ๐ฌ๐๐จ ๐๐ก๐ก๐ค๐ฌ๐๐ ๐๐ฃ ๐
๐๐ข๐ข๐ช & ๐๐๐จ๐๐ข๐๐งโ.
The next important judgment in this regard is the ๐๐ผ๐๐ป๐ฑ๐ฎ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐ ๐ฒ๐ฑ๐ถ๐ฎ ๐ฃ๐ฟ๐ผ๐ณ๐ฒ๐๐๐ถ๐ผ๐ป๐ฎ๐น ๐/๐ ๐จ๐ป๐ถ๐ผ๐ป ๐ผ๐ณ ๐๐ป๐ฑ๐ถ๐ฎ, ๐ฎ๐ฌ๐ฎ๐ฌ, popularly known as the ๐ฐ๐ ๐๐ฎ๐๐ฒ. In this case, the ban on 3G and 4G internet in Jammu & Kashmir were challenged and it was said that it is violative of the right to education, right to the profession, and right to health. Therefore, the Supreme Court of India held that 4G internet usage should be resumed and formed a committee and after much discussion, the use of 4G services was resumed in some areas.
The court has always used fundamental rights in a broad spectrum. Therefore, I feel that internet access is a fundamental right because in this pandemic situation if there was no use of the internet not only education but the economical structure would have also been hampered. The use of the internet should be propagated globe-wide. But before that, digital inequality should be removed so that everyone has internet access.
๐๐ฎ๐ญ๐ก๐จ๐ซ: ๐๐จ๐ง๐๐ฅ๐ข๐ฌ๐ ๐๐ก๐,
๐๐ต๐ถ๐ฅ๐ฆ๐ฏ๐ต, 5 ๐ ๐ฆ๐ข๐ณ๐ด ๐๐.๐, 6๐ต๐ฉ ๐๐ฆ๐ฎ๐ฆ๐ด๐ต๐ฆ๐ณ, ๐๐ ๐๐ซ ๐๐ฎ๐ ๐๐ผ๐น๐น๐ฒ๐ด๐ฒ, ๐๐ถ๐ณ๐ฅ๐ธ๐ข๐ฏ, ๐๐ฆ๐ด๐ต ๐๐ฆ๐ฏ๐จ๐ข๐ญ, ๐๐ฏ๐ฅ๐ช๐ข.
( ๐๐ฉ๐ฆ ๐ค๐ฐ๐ฏ๐ต๐ฆ๐ฏ๐ต ๐ฐ๐ง ๐ต๐ฉ๐ช๐ด ๐ธ๐ณ๐ช๐ต๐ช๐ฏ๐จ ๐ช๐ด ๐ช๐ฏ๐ต๐ฆ๐ฏ๐ฅ๐ฆ๐ฅ ๐ต๐ฐ ๐ฑ๐ณ๐ฐ๐ท๐ช๐ฅ๐ฆ ๐ข ๐จ๐ฆ๐ฏ๐ฆ๐ณ๐ข๐ญ ๐จ๐ถ๐ช๐ฅ๐ฆ ๐ต๐ฐ ๐ต๐ฉ๐ฆ ๐ด๐ถ๐ฃ๐ซ๐ฆ๐ค๐ต ๐ฎ๐ข๐ต๐ต๐ฆ๐ณ. ๐๐ฑ๐ฆ๐ค๐ช๐ข๐ญ๐ช๐ด๐ต ๐ข๐ฅ๐ท๐ช๐ค๐ฆ ๐ด๐ฉ๐ฐ๐ถ๐ญ๐ฅ ๐ฃ๐ฆ ๐ด๐ฐ๐ถ๐จ๐ฉ๐ต ๐ข๐ฃ๐ฐ๐ถ๐ต ๐บ๐ฐ๐ถ๐ณ ๐ด๐ฑ๐ฆ๐ค๐ช๐ง๐ช๐ค ๐ค๐ช๐ณ๐ค๐ถ๐ฎ๐ด๐ต๐ข๐ฏ๐ค๐ฆ๐ด. )
๐๐ค๐ช๐ง๐๐ :
https://www.indiatoday.in/news-analysis/story/internet-access-fundamental-right-supreme-court-makes-official-article-19-explained-1635662-2020-01-10