Abstract
Initially interconnected network was achieved to aid the progress of technology. In the recent trends with respect to the evolution of smart phones internet has accomplished an elevated status in the society. Over the course of time internet has become the part and parcel of an individual where it has created a fable, thatit is pointless to use a mobile phone without internet connectivity. At present the internet is used by the people in all parts of the world. It is said that the access to internet has to be granted to each and every individual as it protects the basic human rights in particular to life, liberty and freedom. An unabridged access to internet has now become a fundamental right as it is said to provide a decorous trifling life to a person.
- Introduction
Right to internet now stands to be a human right issue in comparison with the freedom of speech, at present the freedom to access internet is also considered to be one of the fundamental rights of a person. In today’s scenario everything is interconnected with the internet, right from booking movie tickets to paying taxes people rely upon the online networks, currently it is deemed to be one of the basic requirements to run a modern family.
- Article 19(1)(A)-Supporting Case Laws
As per the Indian Constitution Article 19 deals with the ‘Protection of certain rights regarding freedom of speech etc.’, ever since India has adopted the constitution there has been several cases filed before the Indian Judiciary. The Supreme Court of India has dealt with numerous numbers of cases which has led towards interpretation of fundamental rights guaranteed under part III of the Constitution of India. The courts have interpreted the Articles and has widened the scope of such Articles. With respect to the recent view of the Supreme Court on expanding and interpreting the Article 19 has ensured internet access as one of the fundamental rights. Article 19(1)(a) deals with the right to freedom of speech and expression, the court has deeply analyzed and has finally recognized the judgment passed by the Kerala High Court in the year 2017. The Kerala High Court has expressed its thought towards the growing trends of our day to day life. Indian laws do not grant any power to the High Court to pass service, facility or a kind as a right of its citizens. Despite of such laws the Kerala High Court[1] has passed a judgement on declaring internet access as a human right.
A case was filed before the High Court of Kerala restricting the usage of gadgets at the Girls Hostel. Such constrain was said to be a clear-cut violation of right to privacy and right to education. The petitioner was a college student who was an inmate of the Hostel. The petitioner was forced to vacate the college housing on the noncompliance of the “restriction rules”. The court gave importance to the international conventions and elucidated its views on the matter. The court held that restricting a person from using the internet is a violation of online freedom[2] of expression and due to such limitations, the person loses the important data which includes the education and advancement of a student’s future career. The court has valued the usage of internet in a broader perspective, the significant of internet in this modern era has been a revolution over various aspects. Usage of internet has become a basic modern necessity. Hence, the court has passed an order to change the college policies and to give access to the students for the usage of internet.Furthermore, the court added that the right to access internet has become a part of right to education and right to privacy of person under Article 21 of the Constitution of India.
The above said judgement has facilitated its views over the usage of internet. With a constant growth in the development of the world, internet has become a bare essential. The High Court’s view can be appreciated in a sense that court has declared the internet as a component of education. In a broader meaning the usage of internet doesn’t possess just the positive aspect, not every student uses the internet only for educational purpose, there are many young minds who are deviated from their focus because of the availability of internet. India is considered to have the largest youth population; every single teenager has developed a notion towards internet access as a survival aspect. On the other hand, many intellectual minds across the globe gets the opportunity to express their novel ideas to the entire world with internet as the base. Internet has created a virtual world where the social interaction for the introverts has massively increased and it has created a platform for them to interact with other intellects. There is another phase of internet where the weak-minded people often tend to use the internet for illegitimate intentions.
- International Aspect on Right to Internet
A Public Interest Litigation was filed before the Supreme Court on challenging the jamming of communication services in the Union Territory of Jammu & Kashmir[3]. The government after declaring Article 370 of the Constitution as unconstitutional has taken extreme measures to protect the common interest of people, with such intention the government locked down the services to certain areas and districts. The government was of the apprehension that due to the declaration of the state as a part of the country there might be a significant increase in the terrorist activities, but the Supreme Court opined that curbing the usage of communication services has extremely affected the domicile of that state.Since Article 370 has been struck down the basic fundamental right applies to that state as well. Restricting the usage of internet causes commotion among the people. Shutting down the usage of internet not just causes distress to the human but it also affects the economy of the country.
A UK origin firm analyzed and produced a report where it stated that due to the closure of internet it has caused the Indian economy for over 1.3 Billion Dollars. The reports also mentioned that there were over hundred shutdowns which was considered as the third worst hit after Sudan and Iraq. On one side we are striving hard to bring in the technology to make our country as Digital India but whereas on the other hand by blocking the usage of internet is itself against the ideology behind Digital India. Based on the above points the Supreme Court has shown a massive outreach towards considering internet as basic need for a daily usage and through its judgement it has uphold the access to internet as a basic fundamental right.
On a global perspective access to internet is considered as a human right[4] as there are many ways on safeguarding the technologies. Access to internet shows an evolution in the society, protection on usage of internet also includes artificial persons and it creates a social benefit for engulfing a right with recognition under the fundamental rights. The system we live in has developed the concept of increasing and nurturing the human rights. The Universal Declaration of Human Rights (UDHR) has greatly served in creating profile for the international human rights. There has to be constant supervision over the conceptual aspect of human rights to cope up with the new challenges being arose through constant development in the society.
Many theories have supported the significance of the internet in this emerging world for its distinct feature called as ‘Network’. The world economy has shown a massive growth for a basic reason as it is filled with a knowledge-based economy and where the main role is played by the internet. Internet has opened a separate area which highly boosts the freedom of expression. With regard to democracy every person has the right to express his views without any hindrance, the creation of such factor has led to the concept of freedom of speech and expression towards an international perspective. With respect to the right to the usage of internet as a fundamental right, over three international jurisdictions havecodified such right as they are positive toward obligating the right to connectivity. Article 5(a)(2) of the Greek Constitution has recognized such right in the year 2001, the French Constitutional Court has declared access to internet as a freedom of expression in the year 2009 and the Connotational Court of Costa Rica have also declared that right to internet as a human right in the year 2010[5].
- Conclusion
The evolution of the modern era has led towards the building a new world with the base as internet with virtual identities. Over the period of time the tendency of humans has developed through several aspects. Due to the extended usage of internet almost every person has started to outcast their hidden talents.Internet has created a major change in the society due to its uniqueness of connectivity. In today’s world economy, one of the major backbones for such development is because of the free flow usage of internet accessibility. Many nations have upheld the right to access to internet as fundamental right. Even though there are added benefits to the internet it still has its flaws. From the young age to the adulthood every single person is doomed inside the world of internet, this has led to the sacrifice of human emotions. Therefore, the scientists have said that in order to have a healthy life style there shall be a balance between human emotions,otherwise it will either lead to over anxiety or extreme depression.
[1]Faheema Shirin R.K. v. State of Kerala and others, (2019) WP(C) No.19716 of 2019(L) (India).
[2]Case analyses on Sirin R.K. v. State of Kerala, Global Freedom of Expression, Columbia University (Jan. 26, 2020, 10 AM), https://globalfreedomofexpression.columbia.edu/cases/shirin-r-k-v-state-of-kerala/
[3]Japnam Bindra, Prathma Sharma and Elizabeth Roche, Supreme court does a balancing act with ruling on internet shutdown, LIMEMINT(Jan. 28, 2020, 11:05 AM) https://www.livemint.com/news/india/supreme-court-does-a-balancing-act-with-ruling-on-internet-shutdown-11580234462544.html
[4]Karl Bode, The Case for Internet Access as a Human Right, VICE(Jan.28, 2020, 5:30 PM), https://www.vice.com/en_us/article/3kxmm5/the-case-for-internet-access-as-a-human-right
[5]Paul De Hert and Dariusz Kloza, Internet(Access) as a New Fundamental Right. Inflating the Current Rights Frame Work?,EUROPEAN JOURNAL OF LAW AND TECHNOLOGY (Jan. 27, 2020, 3:15 PM),http://ejlt.org/article/view/123/268
