Introduction
On September 19, 2019, the Kerala High Court gave a landmark ruling, holding that the right to access Internet is a fundamental right forming a part of right to privacy and the right to education under Article 21 of the Constitution. The ruling came on a petition, filed by a third-semester student of Sree Narayana College, Chelannoor in Kozhikode. The student had been forced to vacate the girls’ hostel as she had challenged the restrictions on mobile phone usage.
The Petition Filed
The petitioner, 18-year old BA student, Faheema Shirin alleged that female students were not allowed mobile phones during study hours between 6 p.m. and 10 p.m. She also claimed the restrictions were discriminatory on the basis of gender as the same restrictions were not imposed in the boys’ hostel.
The petitioner maintained that she, being an adult, nobody had any authority to interfere with her freedom to use mobile phones.
However, the college claimed that those restrictions were introduced following requests from parents about the misuse of mobile phones by students. As for boys’ hostel, there was also a fixed period, maintained the college.
Readmission of the Petition
The court ordered the college to re-admit Faheema Shirin in the college hostel and said that female students cannot be prevented from accessing the Internet on mobile phones during study hours. The court also said that the UN bodies’ rights can be read into fundamental rights given in the Indian Constitution. As per Article 51(c) and 253 of the Constitution, and the role of judiciary in the Beijing Statement, the right to have access to the Internet is part of the Right to Education and Right to Privacy under Article 21 of the Constitution.
Digital Literacy and Inequality
In recent times, several government and private sector services have become digital. Some of them are only available online. Due to lack of infrastructure and digital literacy, digital inequality comes into existence. Information poverty exacerbates social and economic backwardness. In mid-2016, digital literacy in India was less than 10 per cent. In today’s world of global economy, knowledge of digital processes will transform the way in which people work, collaborate, and consume information for enjoyment. However, in the absence of Internet access and digital literacy, there will be further exclusion of large parts of population, which will further widen the digital divide.
Quoted Provisions
The single bench of Justice P.V. Asha had quoted Article 21, Article 253, and Article 51(c). Besides, Article 38(2) and Article 39 are also relevant to the issue.
Article 21 has always been interpreted as a broad spectrum of rights considered incidental and/or integral to the right to life. ‘No person shall be deprived of his life or personal liberty except according to procedure established by law.’
Article 253 says that notwithstanding anything in the foregoing provisions for this chapter, Parliament has the power to make any law for the whole, or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries or any discussion, made at any international conference, association, or other body.
Article 51(c) fosters respect for international law and treaty obligations in the dealings of organised peoples with one another; and encourage settlement of international disputes by arbitration.
Article 38(2) says that the State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities, and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Similarly, Article 39 says that the State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers are not abused; and
(f) that children are given equal opportunities and facilities in conditions of freedom and dignity.
Internet Access a Fundamental Right: SC
In yet another hearing of a plea in respect of Internet blockade in Jammu and Kashmir in the pretext of revoking of Article 370, the Supreme Court has declared access to Internet a fundamental right. The order says that a government cannot deprive the citizens of their fundamental rights except under certain conditions explicitly mentioned in the Constitution. Right to Freedom of Speech and Expression is a fundamental right of all Indian citizens constitutionally [Article 19(1)(a)]. Keeping pace with innovation of technology, the latest expansion also shows that the Supreme Court ruling is in sync with the UN recommendations for access to Internet. Kerala became the first state in 2017 to declare access to Internet ‘a basic human right’.
Implications of the Verdict
* Recognising the right to internet access and digital literacy will make it easier to demand accountability from the state, as well as encourage the legislature and the executive to take a more proactive role in furthering this right.
* The court said the misuse of mobile and Internet could not be grounds for denying access as mobile phones and laptos can be misued anytime. It said that mobile phones have now become a necessary part of life and ‘unavoidable to survive with dignity and freedom’, such facilities cannot be denied to adults as it has numerous advantages.
* The verdict quoted Supreme Court’s rulings that “freedom of expression included the right to be informed, the right to know and feeling of protection of ‘expansive connectivity’”.
The verdict imposed greater responsibility on the state to regulate the Internet and suggested students to be counseled on use of phones and laptops and its advantages and disadvantages so that they do not infringe on another’s right to privacy while exercising their own.