RIGHT TO INTERNET

 INTRODUCTION

The Right to Internet is sometimes called “the Web” “freedom to connect”. In other words, a chain

network of networks. This Internet thing has turned our existence upside down. It has changed the

era of communications, to the extent that it is now our medium of everyday communication.

The Access to Internet has modified and is continuing to modify the lives of people around the

globe. It has become one of the most essential elements of people lives in the 19 th century; the

dependency of people on internet has increased remarkably. The areas such as education, trade,

commerce etc. has constantly gained since the invention of internet and its access being given to

the public.

SHUTTING DOWN OF INTERNET

In a developing economy like India, closing down Internet service is like closing all roads for the

development of the economy and even closing down all the banks at once.

On 4th August 2019 (04/08/19), Web shutdown was forced in Jammu and Kashmir where

Parliament nullify Article 370 of the Constitution and the State of J&K was separate into Union

Territory of J&K and Ladakh, inducement of 213 days shutdown which was proceeded till 04,

March 2020 (04/03/20) bringing about India's longest internet shutdown.

THE GOLDEN TRIANGLE

The Fundamental Rights where Articles 14, 19, and 21 together is refer as the ;Golden Triangle; of

the Constitution of India.

• Article 14:

Equal protection of law, equal protection of the laws within the territory of India. 

• Article 19:

Safeguarding Fundamental Freedoms

(a) to freedom of speech and expression;

(b) to assemble peacefully and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India;

(g) to practice any profession, or to carry on any occupation, trade or business.

• Article 21:

Protection to life and personal liberty. “No person shall be deprived of his life or personal liberty

except according to a procedure established by law.”

CASE LAWS WHICH STATES RIGHT TO INTERNET IS A BASIC RIGHT

1. Anuradha Bhasin vs. Union of India and Ors., 10 January, 2020

The SC held that freedom to practice any profession or carry on any trade, business over

the medium of internet enjoys Constitutional protection and therefore is essential to Article

19 of the Constitution subject to reasonable limitations. Suspending Internet service not

only obstructing conducting businesses online rather it also  interfere an individual from

their source of livelihood, even in case of emergencies Fundamental Right given under

Article 21 of the Constitution of India cannot be taken away.

2. Maneka Gandhi vs. Union of India, AIR 1978 SC 597

A law denying an individual of personal liberty; must stand up the survey of Article 21,

Article 19, and Article 14 which are the Golden Triangle of the Constitution of India . Human

Rights Council of United Nations General Assembly (UNHRC) and various other countries

like Spain, Costa Rico, Finland, France, the European Union, Estonia, and Greece had

declared Internet Access a Basic Human Right. Rights granted under Article 14, and Article

21 is the absolute fundamental rights which cannot be decrease. Hence, Internet Access

comes under the framework of the Golden Triangle.

3. Faheema Shirin RK vs. State of Kerala and others; AIR 2020 Ker35

It was held by the Kerala HC that, in where the right to internet access was recognized

as a fundamental right forming a part of the right to privacy and the right to education

under Article 21 of the constitution. The right to internet access has been given limited

granting as an enable for other rights within Article 19 and 21. Most academic and non-

academic literature, mainly in India, seeks to locate the right to internet within Article 19.

However, an argument can be made that internet access should be recognized as an

independent fundamental right, conceivable as an aspect of the right to life under Article

21.

CONCLUSION

New research shows up that the internet could be a considerable way of safeguarding other

basic human rights such as life, liberty, and freedom from problems, whereby allowing

billions of people to lead 'minimally decent lives' . Internet access is no richness , but

instead a moral human right and everyone should have unrestricted and uncut access to

this global medium -- provided free of charge for those unable to afford it. Without such

access, many people lack a meaningful way to influence and hold accountable multi-

national rule-makers and institutions.