The Internet in our life is similar to oxygen for this tech world. It’s almost impossible and also tough to be happy for a few people without the internet.
Why Is It Important?
In today’s world, we cannot assume our lives without technology and one of the best examples of it is the Internet. The Internet in our life is similar to oxygen for this tech world. It’s almost impossible and also tough to be happy for a few people without the internet. Today we no longer think of any other thing but now it’s time about online reputation, internet marketing, online business, online degrees, social media presence, and internet banking. As it is prevalent at every facet of life, that’s why the importance of the internet in our lives matters a lot There are now no more the days when the pen was the most important tool in this world; times have changed and now the only topmost essential element is the internet, which rules the world. The internet offers a collection of important services and resources that are essential to daily living.
Earlier it was almost impossible to gain information at such a speed, but now it is very easy and is on fingertips and by utilizing the internet, people can progress in almost all spheres of life. It can link people from all over and create communities, as it’s a worldwide organization of the computer network. It’s a marvelous way of providing and accessing information and is available almost all over the world. Being swift, easily available and with minimal cost, it’s a great way of exchanging information across the globe, and along with that saving time in the process. One no longer has to waste time running for information – it’s available on their computer screens now, making the world smaller.
It is all due to the Internet that, now communication through the medium of the internet has made people from faraway places being able to communicate in real-time and also at a very minimal cost. There are many examples like emails; video conferencing, social networking, and chatting are some of the live communications at no extra costs. In one way or the other now Education has also paved its way in coordinating with the advancement in technology as it is no more a tough task. As now, the internet provides access to education too, and one of the major in this area is the availability of distance learning courses coming in trends, due to the technology advancement. Online books and tutorials aside from reference materials on almost any topic in the world can be accessed this way.
Due to coming of digital money, transactions and payment methods are now no more a hefty task as now there is no need to stand in queues to pay bills, just go online in the comfort of your home or office and you can make financial transactions to pay your bills at designated websites of most banks and enterprises and most importantly online booking is easy, as now there is no need to step out and stand in queues to book your train, bus or flight tickets – or go through agents who needs their cuts too. As due to courtesy of the internet, all this is possible with the click of a mouse!
Right to Internet Fundamental or Not…….?
In January, the apex court had looked at this aspect of the internet being a fundamental right while reviewing the restrictive orders in J&K with regards to the internet which had been completely shut down in the Union Territory. The court had then observed, “the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1) (a) and Article 19(1)”. Through this observation, the court identified the internet to be a medium of expression and for carrying out a trade or any profession or business only. The Internet has manifested into various other aspects of our life. With the government promoting the idea of ‘Digital India’ it has become an enabler of various economic activities, consumer activities, and financial activities and so on. Hence, it can be said that the apex court took a very narrow view while upholding the internet to be fundamental concerning freedom of expression and freedom of trade.
In any case, it did give the right to the internet a fundamental character but one can arguably say that it has not upheld it as an absolute fundamental right. On the other hand, one can also contend that the apex court’s observation amounts to the internet being fundamental under the interpretation of Article 19(1)(a) and Article 19(1).
Despite this, the J&K government unabashedly submitted to the apex court itself that the internet is not a fundamental right and nobody batted an eyelid. Albeit, the explanation was also given that “the right to access the internet is not a fundamental right in itself but an enabler of the right to free speech and freedom to carry on trade and business”. How the Supreme Court failed to take note of this erroneous submission by the J&K administration is a question to be asked, but may never be answered.
Before the Supreme Court, the Kerala High Court had declared the internet to be a fundamental right, in September 2019. In Faheema Shirin vs. the State of Kerala; decided on September 19, 2019), the High court had held thus, “When the Human Rights Council of the United Nations have found that right to access to the Internet is a fundamental freedom and a tool to ensure the right to education, a rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.” The United Nations General Assembly, on July 14, 2014, adopted a resolution on the exercise of human rights, in particular, the right to freedom of expression on the Internet. The resolution, among other things, held, “Decides to continue its consideration of the promotion, protection, and enjoyment of human rights including the right to freedom of expression on the Internet and other technologies as well as how the Internet can be an important tool for development and for exercising human rights following this programme of work.” The Kerala High Court cited this resolution while looking into an apex court judgment in Vishaka & Ors. v. State of Rajasthan & Ors; which had held that “international conventions and norms are to be read into the fundamental rights guaranteed in the Constitution of India in the absence of enacted domestic law occupying the fields when there is no inconsistency between them.” Thus, the High Court held, “Going by the aforesaid dictum laid down in the said judgment, the right to have access to the Internet becomes the part of the right to education as well as the right to privacy under Article 21 of the Constitution of India.” Thus, it can be said that until now, the Indian courts of law have held the right to the internet manifested in right to education and right to privacy (Kerala High Court) as well as the right to freedom of expression and right to carry out trade, profession, and business (Supreme Court).
Hence, it would be erroneous to say that right to the internet is not a fundamental right. This is also because the Supreme Court has held that the restrictions on the internet have to follow the principles of proportionality under Article 19(2).
Conclusion
Recently, the remarkable step was by one of the High Courts in India. The Kerala High Court upheld the right to have access to the internet as a part of the fundamental right to not only education but along with that, it is also part of the right to privacy under Article 21 of the Indian Constitution. The Court observed that the internet plays a great role and acts as a learning tool and nobody can impose restrictions on it. The petitioner argued that the restriction on the use of the internet amounted to a violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The Kerala HC in response cited the Supreme Court judgment in the S. Rengarajan and others v/s P. Jagjivan Ram, that the fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Article 19(2). The restrictions under this must not be looked upon in any other manner and it must be justified on the anvil of necessity.
