Right to access internet should be a fundamental right under Article 19 | Important Acts and Laws for Judiciary Exams PDF Download

Right to access internet should be a fundamental right under Article 19

The Supreme Court has been focusing on safeguarding fundamental rights, including freedom of speech and expression. In the case of Anuradha Bhasin and ors Vs. Union of India, the Court emphasized the constitutional protection of using the internet for free speech and business purposes under Article 19(1)(a) and 19(1)(g) respectively. 

Despite not explicitly declaring internet access as a fundamental right, the decision provided relief to regions facing persistent internet shutdowns.

The right to access the internet is crucial for exercising various human rights, such as freedom of expression, education, peaceful assembly, and governmental participation. In India, internet shutdowns have led to significant economic losses and hindered the enjoyment of constitutional rights. Recent judicial decisions, like in Faheema Shirin R.K. Vs State of Kerala and Ors, have recognized internet access as integral to fundamental rights like education and privacy.

Recognizing internet access as a fundamental right is essential to prevent disruptions that impede the exercise of constitutional freedoms. Courts have the opportunity to interpret the Constitution more expansively to explicitly acknowledge internet access as a fundamental right, ensuring the protection and enhancement of various liberties in the digital age.