Rayees Ahmad Kumar
During the times of novel coronavirus, access to the internet is imperative, not only through the lens of a philosophical perspective but as an essential human right. Internet is indispensable for education, employment, health care services and communication between people, etc. It has become the vehicle through which the fundamental rights and principles of policy, as enshrined in the Constitution of India,legislation and international law, are enabled. It has, in itself, become inseparable from the human rights to the extent that it has materialised as a crucial human right. The UN, to which India is a member state, declared access to the internet a human right. It further recommended that every country should make access to the internet a fundamental human right. Furthermore, the internet is recognised as a human right in several economically developed states. In Estonia, the parliament enacted legislation almost twenty years ago (in 2000) that declared internet access a fundamental human right. In France, the constitutional council stated in 2009 that internet access is a human right. Similar examples include Costa Rica and Finland. Very recently, the Supreme Court of India, upheld the freedom of free speach , expression and trade or business on the internet as fundamental rights be constitutionally protected. It however refused to express any views on weather the very acess to internet is a fundamental right or not. The top court directed the government to review orders suspending internet services in the erswhile state of J&K instantly . The decision of the bench was headed by Justice N V Ramana and was in connection with internet blockade in Jammu and Kashmir, where internet services had been suspended after the abrogation of Article 370 of the Indian Constitution. While limited 2G services were restored, 4G services remain suspended. Arguably, limited 2G services are a stain on the access to internet services being provided especially when India prepares for 5G services. Nonetheless, the apex court of India did declare internet to be a fundamental right, adding that the freedom of speech and expression and the freedom to practice any profession or to carry on any business or occupation via the use of the internet is constitutionally protected under Article 19 of its Constitution. The court stated that the Indian government’s shutdown of the internet in Jammu and Kashmir lasting several months was a clear abuse of power and contradicted the country’s constitution. This decision of the Supreme Court was foreshadowed by a similar decision by the High Court of Kerala, the most literate state of India.
Realizing the utmost importance of internet in our daily life, especially in this pandemic lockdown period when we are supposed to stay at home and go digital, need of the hour is to restore the high data speed (4g) of internet.
Modern times require access to the internet as essential towards improving literacy rate. Additionally, Article 19 of the Universal Declaration of Human Rights (UDHR) states that everyone has the right to freedom of opinion and expression, which includes freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The United Nations, in a report, stated that Article 19 of the UDHR was drafted with the foresight to accommodate future technological developments. Arguably, this includes access to the internet. Internet is concentrated with its 4g speed only to rest of the states and UTs of country except J&K.This has created a “digital divide” in the country, a gap between those with access to the internet and those that have limited to no access.Investing in providing internet facilities to citizens with equality will be fruitful for the country in the future. India needs to prepare to run parallel with the developed countries by providing internet access to all citizens. The pandemic has taught the world that the internet can enable business meetings, educational classes, health care services, online shopping in a much more cost-effective way. Even after the pandemic ends, the world will continue to prefer and utilise the digital option over the “traditional methods.” In the future, the world will be more digitalised. India needs to make sure it doesn’t linger behind and at an earliest must restore high speed internet connectivity in J&K so that we too can compete with rest of the country and world in this technological era. Post abrogation of Article 370 and 35A of Indian constitution, internet services of all kinds through all networks was brought to halt. Later after the expiry of five months it was restored and its speed restricted to 2g level only. With it’s restoration government machinery geared up it’s manpower to resume the official work through internet. Tourism industry, health, education and many other sectors are badly affected due to running of internet at snail’s pace. Education sector is much affected in absence of high data speed (4g) of internet. Online virtual classes are not yielding good results because the students neither find comfortable in receiving vedio lectures nor are able to download the materials fetched to them through Watsapp or Zoom app.In South Kashmir areas the things are worst. Here most often either the internet is completely suspended or its speed is further throttled so slow that it altogether becomes cumbersome to do the official work through internet. A couple of days before i had to attend the vedio conference through Zoom app hosted by Chief Education Office Ganderbal. I along with rest of my colleagues from south Kashmir complained about poor connectivity, because we couldn’t attend the said conference without being irritated during the conference hours. So realizing the utmost importance of internet in our daily life, especially in this pandemic lockdown period when we are supposed to stay at home and go digital, need of the hour is to restore the high data speed (4g) of internet.
(The author teaches at Govt BHS Anderwan Ganderbal. Views are his own)
