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Right to Internet Access, A Fundamental Right
The Supreme Court of India has stated that the Right to Internet Access is a Fundamental Right and The Government cannot deprive the citizens of their fundamental rights. This statement came regarding the revoking of Article 370 and 35A in Jammu and Kashmir and Internet Blockage in J&K since 5th August 2019.
The Constitution of India provides freedom of speech and expression to every citizen, mentioned in Article 19 (1)A of the Indian Constitution. The Supreme Court of India also merged their decision with the UN stating that every country should make internet access a fundamental right. In 2017, Kerala is the first and only state to declare Internet Access as a Basic Fundamental Right.
Article 19 states that all citizens should have the right to freedom of speech and expression, right to assemble without arms, right to roam around within the territory freely, right to reside anywhere in India, and right to practice any profession. On the other hand, Article 19(2) states all the restrictions which are the interests and sovereignty and integrity of India, friendly relations with foreign states, incitement to an offense, and cases related to defamation.
The Internet Blockage in Jammu and Kashmir was due to an Amendment on Aug 5, 2019, when Home Minister of Union of India stated that Article 370 and 35 A, which gave J&K a special privilege, was revoked. This led to huge controversy and a mild dispute started between India and Pakistan. Due to statewide violence, Internet Service was taken down, tourists were told to leave, telephone service was taken down and schools and colleges were shut down. J&K Chief Minister also said that India Betrayed Kashmir. Prime Minister Narendra Modi and Hindu Nationalist Bharatiya Janata Party always wanted to revoke Article 370 from The Constitution and they did it. Protests were made against this decision, also rallies were out in support of this decision. Speaking about the legitimacy of revoking Article 370, it can only be revoked in consultation with the State Government but for over two years, Jammu and Kashmir do not have a state government.
Now, after revoking, the State was divided into two Union Territories, Ladakh, and Kashmir. A territory that both India and Pakistan claim to be fully theirs joined India in 1947 after Independence. Till now, it has remained a hot topic in media, and people are sharing their views either in favor or in against.
