Kerala HC's landmark judgement

In a landmark judgment Justice P V Asha of the Kerala High Court said that the right to access internet using mobile phone is a fundamental right under the Constitution and also it is the right to privacy and the right to education.

The Court passed the verdict in a petition filed by Faheema Sherin, a third-semester student of B.A (English) of Sree Narayana College, Chelannur, Kozhikode challenging her expulsion from the college hostel for violating the restrictions on using the mobile phone from 6 pm to 10 pm every day.

The petitioner challenged the restriction on the ground that it was adversely impacting her access to information and study materials.

The judgement becomes significant in the background of the ongoing shutdown of internet and mobile phone services in Jammu and Kashmir since August 5.

The court upheld the contention of the petitioner that restrictions on accessing the internet by curtailing the use of mobile phones amounts to violation of fundamental right to freedom of speech and expression under article 19(1) of the Constitution.

Accessing the internet once considered to be a luxury item just like fan or television once used to be and now fan or television has become an essential item of the household.

Curiously, time has changed making it essential for our everyday use. Likewise, the internet once was not rampant and so it was a rarity but today it becomes highly essential for our daily life.

So, the verdict of the single bench assumes relevance keeping in pace with the changing times.

Use of the internet by individuals in our country has increased exponentially, and this was made possible by the introduction of 3G and later 4G telecommunication technology.

The 4G telecommunication was made cheaper by telecommunication operators and common people have got the chance of accessing it across India as internet is available everywhere.

Equally worth noting is the advent of the mobile phone into India, which made a revolutionizing effect on the people of India within a short of span time.

Thus, life has become vibrant, and it has been made easy. The ongoing stiff competition between mobile phone manufacturing companies has made a blessing too in the Indian market making the smartphones all the time cheaper.

It needs no reiteration that the numerous advantages a smartphone brings into a user are beyond description.

The number of mobile phone connections being taken by the Indians is more than one billion and more people who have not taken connections are being initiated into taking mobile phone connections.

So, in the not so distant future, every Indian will have mobile connections, and majority of these connections will be the internet enabled ones, which would mean that internet connections will prove to be a desideratum.

T K Nandanan, Kochi