Access to the Internet is a basic right, says Kerala High Court

News:The Kerala High Court has held that the right to access the internet is a basic fundamental right.

Facts:

Background:

• The High Court made this observation while ordering the principal of a college in Kerala to re-admit a student who had been expelled from the college hostel for using her mobile phone beyond the restricted hours.

Highlights of the court judgement:

• The court said that right to access Internet is a part of the fundamental right to education as well as the right to privacy under Article 21 of the Constitution.
• The Court referred to the Supreme Court judgement in S. Rengarajan and others v. P. Jagjivan Ram(1989) case.
• The Supreme court had said that the fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Article 19(2) and the restriction must be justified on the anvil of necessity and not the quicksand of convenience or expediency.
• The court also pointed out that the Human Rights Council of the United Nations had said that the right of access to Internet is a fundamental freedom and a tool to ensure right to education.