Introduction
We cannot imagine our lives without the word internet. We are so much dependent on this word; it is impossible to live without the fact that we can’t live without it. In the 21st century, it is next to impossible for us to think of a life without it.
It was invented in 1983, Jan 1. Alone it couldn’t stand that strong so it was necessary to introduce the World Wide Web. It helped this to develop and to gain recognition. It got so much fame that; we all are so much dependent on it. There is no harm to rely on the same as it’s worth it. People will not agree with the fact that how much we need it. The truth is that we are under the obligation to use it to create ease in our lives.
Now when we look at the up-gradation of the technology we come up with a question in our mind; that if this is necessary for our lives so why not it be introduced as a fundamental right?
JUDICIARY’S VIEW
Indian constitution looking through the need of people has provided with the provision to inculcate it through the interpretation of judiciary. In the urge of same Kerala High Court in Faheema Shirin v/s State of Kerala recognizes this as a part of right to privacy and right to education on 27th September 2017. Kerala thus became the first state to hold it as a basic human right.
Kerala is deemed to be the most literate state of India. The state government in reference to the decision of the court decides to contribute internet to 20 lakh poor families. Looking upon the technicality of the act done by the Kerala state govt.; this requires an amendment in the constitution by parliament.
But the step of the Kerala High Court and government came into the purview in the year 2020 with the reasonable restriction imposed on the same.
Evolution of right
The changes were clearly seen after the case of Anuradha Bhasin v/s UOI (2020) in which the court upheld the right to the internet; this was in reference to the internet ban in J&K for almost one year. Supreme Court held that this violates the fundamental right under article 19 of the people by shutting down the internet and physical restriction on the movement. A court in the same connotation held that the right to the internet is an essential part of freedom and speech. And the freedom to practice any profession requires the right to the internet as a fundamental right.
The Supreme Court time to time expands its scope of interpretation and its latest expansion could be termed as the decision taken in March in a matter of foundation of media professional’s v/s union territory of J&K. In which they grant J&K levy to use 4g service instead of 2g service in respect of basic fundamental right. This new interpretation keeps pace up with innovation in technology; as the internet is the key source of information to citizens.
CONCLUSION
A person who is not a citizen can also avail the benefits out of the fundamental right, but one can’t claim it. All the rights come up with the imposition of certain restrictions. Those restrictions are reasonable in nature. And the imposition of the same is done by the legislature.
Every right comes up with duties and every coin has two sides underlying it. The Internet can be used for evil purposes and in furtherance to that; prohibition lies within it on its overreaching reasons. What reasons are valid and should be done in unavoidable circumstances.
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