In a recent update, the High Court of Tripura has declared that posting on social media bears equal weight to a fundamental right that pertains to all citizens. Furthermore, this ruling also applies to government workers, who are equally eligible to form and share their political views, as long as they adhere to the limitations set down in the Tripura Civil Services (Conduct) Rules, 1988.
Significant Judgements by the High Court of Tripura
Adding to its chain of landmark decisions, the High Court of Tripura has further ordered the police to cease the prosecution of an activist who was apprehended due to a social media statement in which he voiced opposition to an online campaign endorsing the Citizenship Amendment Act (CAA), 2019. The court stated that such directives are aligned with the core ethos of the Indian Constitution.
Other Recent Developments Concerning Online Rights
Simultaneously, there have been other significant judgments concerning online rights and internet access across the country. The Supreme Court of India, for instance, has made its stand regarding the internet shutdown and the limitation of other civil liberties in the Jammu and Kashmir region. Upholding the right to access the internet, it has released guidelines on the enforcement of section 144 of CrPC.
More recently, the Kerala High Court, in the case of Faheema Shirin v. the State of Kerala, established the right to internet access as a fundamental right. This right is now classified as part of the right to privacy and the right to education, as outlined in Article 21 of the Indian Constitution.
| Important Judgements | Court | Details |
|---|---|---|
| Right to Post on Social Media | High Court of Tripura | Posting on social media declared as a fundamental right applicable to all citizens including government employees. |
| Internet Shutdown and Civil Liberties in Jammu and Kashmir | Supreme Court of India | Upheld the Right to access the Internet and released guidelines on imposition of section 144 of CrPC. |
| Right to Internet Access | Kerala High Court | Declared the Right to Internet Access as a fundamental right, part of the right to privacy and the right to education under Article 21 of Constitution. |
The Broader Implications of Recent Judgements
These recent judgments indicate a broadening understanding and acknowledgment of internet rights and freedoms in India. With the High Court of Tripura’s ruling that posting on social media is equivalent to exercising a fundamental right, a new standard has been set for interpreting and enforcing the constitutionally protected rights of citizens in the digital age.