AUTHOR- Srishti Batra, a student at Vivekananda Institute of Professional Studies
Abstract
Internet access has become a vital part of modern life, influencing education, communication, commerce, and governance. Recognizing the internet as essential to exercising fundamental rights highlights its growing constitutional significance. In India, the right to access the internet is increasingly viewed as interconnected with rights such as freedom of speech, education, and the right to life. However, widespread disparities in access, regulatory concerns, and cybersecurity challenges pose barriers to universal realization. Ensuring affordable, reliable, and secure internet access for all citizens is crucial to strengthening democratic participation, promoting equality, and safeguarding individual freedoms.
Introduction
In the 21st century, internet access has transcended the realm of mere convenience to become a vital tool for exercising various fundamental rights. In India, the digital divide presents significant challenges to the realization of constitutional guarantees such as the Right to Freedom of Speech and Expression and the more general right to life and personal liberty.
The necessity of internet connectivity for healthcare, work, education, and even democratic engagement was highlighted by the COVID-19 pandemic. Important turning points in the legal discourse are marked by judicial developments, particularly the Supreme Court’s position in Anuradha Bhasin vs Union of India mark critical milestones in the legal discourse.
This article evaluates the legal, social, and constitutional dimensions of recognizing internet access as a fundamental right, emphasizing its pivotal role in bridging social inequalities.
Constitutional Framework
Article 19 (1)(a): Freedom of Speech and Expression
The internet has emerged as a primary medium for exercising freedom of speech and expression. Social media platforms, blogs, and news portals enable citizens to disseminate information, participate in public discourse, and challenge authority.
The Supreme Court in Shreya Singhal v. Union of India rejected Section 66A of the Information Technology Act of 2000 for stifling online speech, acknowledging the internet as a platform for free expression. Thus, any unreasonable restriction on internet access can directly infringe upon the citizen’s right under Article 19(1)(a).
Article 21: Right to Life and Personal Liberty
The expansive interpretation of Article 21 by Indian courts includes the right to live with dignity. In the digital era, meaningful participation in society without internet access is increasingly difficult. Education, employment and access to government schemes are all becoming heavily reliant on digital connectivity.
In Maneka Gandhi v. Union of India, the Court laid the foundation for viewing Article 21 as a dynamic right, adaptable to changing societal needs – a principle that supports recognizing internet access as vital to personal liberty and dignity today.
Judicial Developments
In Faheema Shirin R.K. v. State of Kerala , The Kerala High Court has ruled that having an internet connection is essential. The Kerala High Court was the first Indian court to explicitly proclaim the right to access the Internet as part of the fundamental right to education and the right to privacy under Article 21.
The case arose when a hostel’s restrictions on mobile phone and internet usage were challenged. The Court stated that mobile phones and internet access are integral to modern education and personal liberty, especially for young students.
In Anuradha Bhasin v. Union of India, the court upon following the communications lockdown in Jammu and Kashmir post-Article 370 abrogation, the Supreme Court ruled that freedom of speech and expression and the freedom to engage in any profession online is protected by the constitution.
The Court held that indefinite suspension of internet services violates Article 19(1)(a) and 19(1)(g), though it stopped short of declaring internet access as a standalone fundamental right.
Nevertheless, the judgment laid down important procedural safeguards for internet shutdowns, reinforcing the vital role of internet connectivity in a democratic society.
Global Perspectives
Several jurisdictions have moved towards recognizing internet access as a right:
United Nations:
In 2016, the UN Human Rights Council passed a non-binding resolution condemning internet shutdowns and emphasizing that “the same rights people have offline must also be protected online.”
Finland:
In 2010, Finland became the first nation to enact legislation requiring all citizens to have access to broadband internet at a minimum speed.
France:
The French Constitutional Council recognized internet access as essential to exercising freedom of expression.
These international developments bolster the argument that India must similarly ensure universal, affordable internet access, given its importance to democracy and socio-economic development.
Internet Access and the Right to Education
Linkage with Article 21A
Article 21A of the Constitution mandates free and compulsory education for children ages 6 to 14.
In today’s digital age, access to educational resources increasingly depends on internet connectivity.
During the COVID-19 pandemic, online education platforms became the primary means of learning, highlighting the inextricable link between internet access and educational rights.
Without reliable internet access, students from marginalized communities are deprived of meaningful educational opportunities, deepening socio-economic inequalities.
The Kerala High Court’s decision in Faheema Shirin also linked internet access with the right to education emphasizing that modern education necessarily involves online learning and gave judicial recognition. Thus, ensuring internet access is vital for fulfilling the State’s obligation under Article 21A.
Challenges and Issues
1. Digital Divide: A major challenge in India is the stark disparity between urban and rural areas in internet access. While metropolitan cities enjoy high-speed connectivity, many remote regions still lack basic infrastructure. Economic disparities also widen this gap making it difficult for marginalized communities to benefit from digital resources.
2. Affordability and Infrastructure: The cost of smartphones, laptops, and internet plans remains a significant barrier for economically weaker sections. Additionally, underdeveloped network infrastructure, especially in north eastern states and hilly terrains, limits connectivity despite government efforts.
3. Cybersecurity and Data Privacy: With greater access to the internet comes the heightened risk of cyber threats such as data breaches, identity theft and online frauds. Weak data protection laws and insufficient cybersecurity measures expose users to vulnerabilities, threatening their right to safe and secure internet access.
4. Government Restrictions and Internet Shutdowns: Frequent internet shutdowns by state authorities, often justified on grounds of national security or public order, have raised concerns about the arbitrary denial of access. The right to internet access is undermined by such shutdowns, which affect healthcare, education, basic services, and freedom of expression.
5. Lack of Digital Literacy: A significant portion of the population, particularly in rural India, lacks the skills necessary to use digital technologies effectively. Without digital literacy programs, mere access to the internet does not translate into meaningful usage.
6. Regulatory and Policy Gaps: Although initiatives like Digital India aim to enhance connectivity, there is no comprehensive legal framework that specifically recognizes internet access as a fundamental right. The absence of clear policies hinders enforcement and accountability.
7. Balancing Regulation and Freedom: Governments often face a delicate balance between regulating harmful online content and ensuring freedom of speech.
Impact on Education, Economy, and Governance
Education: Internet access is vital for modern education systems, especially with the rise of online learning platforms. Lack of access affects students’ ability to attend classes, access study materials, and compete on an equal footing with their peers.
Economy: Digital infrastructure drives entrepreneurship, access to markets, e-commerce, and remote working opportunities. Unequal access can restrict economic growth and deepen income inequalities.
Governance: The goal of e-governance projects is to increase the accessibility and transparency of government services. Without internet access, citizens are deprived of the benefits of online public services like digital banking, online grievance redressal and welfare schemes.
Conclusion
The recognition of internet access as a fundamental right is indispensable in a digital democracy like India. Without the internet, citizens are deprived of opportunities for education, employment, healthcare and civic participation.
Judicial developments have laid the groundwork but the state must go further by enacting comprehensive policies ensuring affordable universal internet access.
Bridging the digital divide is critical not only for realizing civil and political rights but also for fulfilling socio-economic rights like the Right to Education.
The future of democracy inclusivity and development hinges on treating internet access not as a privilege, but as an enforceable right for all citizens.
FAQs
1. Is internet access a abecedarian right in India?
While not explicitly stated, courts like the Kerala High Court and the Supreme Court have recognized that access to the internet is integral to fundamental rights under Articles 19 and 21.
2. Is there legislation in India that protects the right to internet access?
No, there is no specific law that clearly ensures the right to access the internet.
However, courts have recognized it as part of fundamental rights under the Constitution, interpreting it through Articles 19 and 21.
3. How does internet access impact the Right to Education?
Access to digital education platforms, online resources, and virtual classrooms is essential for fulfilling the constitutional right to education under Article 21A.
4. Can the government restrict internet access legally?
Yes, under certain circumstances such as national security concerns or public order emergencies. However, any restriction must be proportionate, reasonable and follow principles of natural justice as per constitutional safeguards.
