By Tripti Jaiswal, First-year Student of Hidayatullah National Law University, Raipur, Chhattisgarh.
Introduction
The truly defining quality of the year 2020 is absolute unpredictability and unbridled chaos. But the outbreak of a global pandemic hasn’t stopped schools and colleges from finding alternate ways to teach students and restore some form of order. They are now conducting their classes through online platforms. Attending these classes sometimes requires high-speed internet, which is easily available to many of us. But people living in urban areas, who are always plugged into the online social life, often forget that quality internet access is a complete privilege. So, at a time when the internet has become an absolute necessity, it is time for us to contemplate if high-speed internet should remain a luxury, or become a utility.
Is the Right to Internet access important?
Vinton Cerf, who is also considered the “father of the internet”, wrote that access to the internet cannot be considered a right in itself.[i]This has created room for a lot of debate regarding the scope of human rights.
The perception of rights changes with the social context. Society changes over time and the law needs to keep up, which is why we have amendments to suit our purposes and society at large. The Fundamental Rights in the Indian constitution have had several amendments too. The right to property, which was originally a fundamental right was removed and later included as an altogether separate provision. The right to education did not exist since the beginning; it was only added in 2002.
Denying the right to the internet at this stage is going to lead to a deficit in the growth of infrastructure, along with the digital age. It will be a step back from innovation and will stagnate the growth of important sectors like education and healthcare.
Is the Right to Internet access a Fundamental right?
The short answer is, no. Not definitely. Fundamental rights are the basic rights essential for citizens to live a life with dignity, and the right to internet access is not recognized as a fundamental right under the constitutional framework.
But there is a laundry list of judicial precedents and government policies which support the access of readily available internet. We seek to locate the right to internet access within Article 19 and 21 of the constitution. In a petition filed over the indefinite suspension of the internet in Jammu and Kashmir, Supreme court recently interpreted that freedom to practice any trade over a digital medium is a part of the fundamental rights protected by Article 19(1)(a) and (g) of the Constitution.[ii]Also, the Kerala High Court recognized the right to internet access as a fundamental right, as a part of both the right to privacy and the right to education under Article 21 of the constitution.[iii] Thus, the right to internet access has been given recognition as a facilitator for the enjoyment of other basic rights.
The government has begun to recognize the immense potential and remote accessibility that the internet provides, and this is well reflected in the Digital India Program. There have been efforts to build infrastructure in this regard with Bharat Net and digital literacy programs like PMGDISHA.[iv]
Internet access provides immense opportunities in job prospects and the way it has revolutionized communication and information gathering cannot be understated. This merits it to be considered a true right.
Fast Internet
Currently, India has around 115 crores, wireless subscribers, according to TRAI. But broadband quality internet is only accessible to 64 crores of those subscribers.[v] Only half of the users have access to a decent standard of internet. Hence, we must distinguish between two issues, i.e. right to internet access and access to the internet at a certain speed.
Cities are generally provided with high-speed internet, while the internet is slower in peri-urban and rural areas. Some cities even have access to Fiber internet which is top-notch world-class technology. If left to their own devices, the private market will systemically provide extraordinarily expensive services to the urban areas, leaving out swathes of the population. The government will have to fulfil the promise of providing high broadband speed in villages and accelerate fiberization to extend the promise of ‘right to internet’ to include ‘right to functional access to the internet’.
Collaboration with the private sector to provide increased and affordable access to the internet is very important to narrow the digital divide, which is disadvantageous to people in rural areas, who don’t have access to fast internet and people who can’t afford internet at current prices.
Several countries have made commendable progress in this field. Finland is the first (and only) in the world where internet access is considered a legal right since 2010.[vi] While they do have to pay for the internet, the state ensures that every person can at least enjoy minimum broadband speeds. South Korea has the biggest fibre-optic network in the world and its decision to provide universal high-speed internet in the country has resulted in it becoming a global broadband leader.[vii]
The current condition
The UN had declared access to the internet as a catalyst in the enjoyment of basic human rights, making it essential for one and all. But as has been highlighted by the current pandemic, this right is still denied to billions of people at a time when connectivity has become more important than ever. The lives of students at home with unreliably slow or no internet access have been made difficult by online classes and more so by examinations being conducted online.
For developing areas, the Common Service Centres and local cybercafes provide people with access to online services. And these can no longer be accessed in times of social distancing, thus people are cut off from internet facilitation, educational resources, and real-time information on government directives.[viii]
A future roadmap
Improvement in access to the internet is a long term problem that requires foresight, intricate planning, and sustained investment. It requires the development of new infrastructure not only in terms of providing access to the internet but also in promoting digital literacy by training people to help them utilize the benefits of being online. It is neither fruitful nor practical to consider internet access a luxury anymore; it is steadily moulding itself to be inseparable from our everyday life.
REFERENCES [i]Vinton Cerf, "Internet Access Is Not a Human Right", THE NEW YORK TIMES (Jan 4, 2012). https://www.nytimes.com/2012/01/05/opinion/internet-access-is-not-a-human-right.html(last visited Jul 24, 2020). [ii]Bhasin v. Union of India, W.P(C). No. 1031/2019.https://main.sci.gov.in/supremecourt/2019/28817/28817_2019_2_1501_19350_Judgement_10-Jan-2020.pdf (last visited Jul 24, 2020). [iii]FaheemaShirin v. State of Kerala, W. P(C). No. 19716/2019(L). https://indiankanoon.org/doc/188439981/ (last visited Jul 24, 2020). [iv]Sumeyesh Srivastava, “Can the Right to Internet Access Flow From the Right to Life?”THE WIRE.(May 7, 2020).https://thewire.in/rights/internet-access-fundamental-right (last visited Jul 24, 2020). [v]Telecom Regulatory Authority of India, 2020. Press Release No.17/2020. https://trai.gov.in/sites/default/files/PR_No.17of2020.pdf (last visited on 24 July 2020). [vi]“Finland makes broadband a ‘legal right’”, BBC NEWS (July 1, 2010). https://www.bbc.com/news/10461048 (last visited on July 24, 2020) [vii]“South Korea starts super high-speed internet service for every citizen”, LIVEMINT (Jan 6, 2020). https://www.livemint.com/technology/tech-news/south-korea-starts-super-high-speed-internet-service-for-every-citizen-11578280005214.html (last visited on July 24, 2020) [viii]Sumeyesh Srivastava, “India Must Treat the Internet as a Public Utility during COVID 19, and after”,THE WIRE.(Apr 6, 2020)https://thewire.in/tech/india-must-treat-the-internet-as-a-public-utility-during-covid-19-and-after(last visited on July 24, 2020)
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