Right to access internet should be a fundamental right under Article 19
Right to Access Internet as a Fundamental Right under Article 19
1. Introduction
Article 19 of the Indian Constitution guarantees freedom of speech and expression, which is a cornerstone of democratic rights.
The internet has become the primary medium for exercising freedom of speech, expression, access to information, education, and participation in social, political, and economic life.
Therefore, the right to access the internet is increasingly viewed as essential for the meaningful exercise of Article 19 rights.
2. Why Should Internet Access be Included Under Article 19?
| Reason | Explanation |
|---|---|
| Medium of Expression | The internet is a critical platform for speech, expression, and opinion-sharing. |
| Access to Information | It is a vast repository of knowledge and news, necessary for informed participation. |
| Democratic Participation | Online platforms enable political debate, activism, and transparency. |
| Education and Employment | Education resources and job opportunities largely depend on internet access. |
| Global Connectivity | The internet connects individuals worldwide, fostering cultural exchange and development. |
3. Interpretation of Article 19 and Internet Access
Article 19(1)(a) guarantees freedom of speech and expression.
The Supreme Court has interpreted the right to freedom of speech to include the right to receive and impart information.
In the digital age, access to the internet is necessary for these rights to have real effect.
4. Relevant Case Law
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) – Right to Privacy Case
Held: Privacy is a fundamental right under Article 21.
Relevance: The judgment acknowledged the digital world’s importance, suggesting that digital access is integral to individual autonomy and dignity.
This judgment laid the groundwork for recognizing rights related to digital access.
2. Anuradha Bhasin v. Union of India (2020)
Context: Challenge to internet shutdown in Jammu & Kashmir.
Held: The Supreme Court ruled that internet access is a fundamental right under Article 19(1)(a), subject to reasonable restrictions under Article 19(2).
The Court emphasized that internet is a necessary instrument for exercising freedom of speech and expression.
It further stressed that any restriction on internet access must be just, fair, and reasonable.
5. Challenges of Denying Internet Access
| Challenge | Impact |
|---|---|
| Internet Shutdowns | Severely curtails the ability to communicate and access information. |
| Digital Divide | Exclusion of marginalized groups from education, services, and governance. |
| Censorship Risks | Overbroad restrictions can suppress legitimate expression. |
6. Arguments Against Recognizing Internet Access as Fundamental Right
Concerns about national security and public order.
Infrastructure and economic disparities in access.
Potential misuse for illegal activities.
However, these concerns can be addressed via reasonable restrictions under Article 19(2), not by denying the fundamental right.
7. Conclusion
Access to the internet is essential for the meaningful enjoyment of the right to freedom of speech and expression guaranteed by Article 19(1)(a).
The Supreme Court in Anuradha Bhasin has recognized this evolving reality.
Therefore, the right to access the internet should be treated as a fundamental right, ensuring unrestricted, affordable, and equitable access for all citizens, with reasonable restrictions only in exceptional cases.
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