The recent ruling by the Kerala High Court has identified access to the internet as an integral part of fundamental rights, specifically those associated with education and privacy. Backed by the stipulations of Article 21 of the Indian Constitution, this decision emphasizes the importance of unrestricted internet access in current contexts. The argument was often centered around the influence of the internet as a learning tool and the potential violations of fundamental rights when limitations are imposed.
Deliberations Made by the Court
The court’s perspective towards the controversy revolved around the indispensable role of the internet in facilitating education. It acknowledged that any attempts to limit its use, although under the pretense of maintaining discipline, cannot be tolerated. This conclusion was drawn from a petitioner’s assertion that stipulating restrictions on internet usage indeed infringes upon the fundamental right to freedom of speech and expression as detailed in Article 19(1)(a) of the Constitution.
In response to this argument, the Kerala HC referenced the Supreme Court ruling in the S. Rengarajan and others v/s P. Jagjivan Ram case (1989). According to this precedent, the liberties guaranteed under Article 19(1)(a) can only be reasonably constrained for reasons outlaid in the Article 19(2). These limits, however, should be assessed based on necessity rather than convenience or expediency.
Global Recognition for Internet Access Rights
Adding weight to the argument, the Human Rights Council of the United Nations also identifies the Right of access to the Internet as a fundamental freedom. It further emphasizes the internet’s role in ensuring the right to education, thereby aligning with national perspectives.
Key Details about Article 19 and 21
Article 19(1)(a) allows every citizen to freely express their views, opinions, beliefs, and convictions in various forms including verbal communication, written content, printed materials, pictorial representations, or any other method. Furthermore, Article 19(2) empowers the State to impose reasonable restrictions on freedom of speech and expression for specific reasons. These include maintaining the sovereignty and integrity of India, ensuring state security, fostering friendly relations with foreign states, preserving public order, decency or morality, along with preventing contempt of court, defamation, and incitement to an offence.
Before the final section, let’s review some statistics related to Internet usage and its influence on Education:
| Statistic | Value |
|---|---|
| Total Internet Users in India (2021) | 624 million |
| Internet Penetration Rate in India (2021) | 45% |
| Effectiveness of Online Learning (%) | 56% |
| Rise in Online Learning due to COVID-19 (%) | 70% |
Understanding Article 21 and 21-A
Article 21 stipulates that no individual can be deprived of their life or personal freedom unless such action is warranted by law. This right is applicable to all individuals, regardless of their citizenship status.
Similarly, Article 21-A mandates the State to provide free and compulsory education to all children aged six to fourteen. The specifics of this provision are decided as per the law established by the State.