THE GIST of Editorial for UPSC Exams : 03 January 2020 (Internet Shutdowns (The Hindu))

Internet Shutdowns (The Hindu)

Mains Paper 2: National
Prelims level: Section 144 CrPC
Mains level: Significance of internet in people’s life

Context:

• To rising number of internet bans across the country, the crucial need of internet in day-to-day life is increasingly felt.
• Access to Internet must be recognised as a fundamental right to free speech, basic freedoms and the right to life.

Recent instances:

• There have been more than a 100 Internet shutdowns in different parts of India in 2019 alone.
• In Kashmir, the government imposed a complete Internet shutdown on August 4 2019 (scrapping off Art 370), which continues for months.
• The enactment of the Citizenship (Amendment) Act led to protests all over the country.\
• State governments responded to this by suspending the Internet.
• Assam witnessed a suspension of mobile and broadband Internet services in many places, including in Guwahati for 10 days.
• There were Internet bans in Mangaluru, Delhi and Uttar Pradesh.
• These bans are being imposed under different provisions of the law.
• These include Section 144 of the Criminal Procedure Code (CrPC), Section 5(2) of the Indian Telegraph Act, 1885.
• Some are imposed without any legal provisions at all.

Significance in people’s life:

• Internet broadband and mobile Internet services are a lifeline to people in India from all walks of life.
• Internet is a main source of information and communication and access to social media.\
• More than that, people working in the technology-based gig economy depend on the Internet for their livelihoods.
• E.g. delivery workers for Swiggy, Dunzo and Amazon and the cab drivers of Uber and Ola
• Internet is also a mode of access to education for students who do courses and take exams online.
• Access to the Internet is thus important to facilitate the promotion and enjoyment of the right to education.
• The Internet provides access to transport for millions of urban and rural people.
• It is also a mode of access to health care for those who avail of health services online.
• Internet is a means for business and occupation for thousands of small and individual-owned enterprises selling products and services online.

Should internet be a right then?

• Access to the Internet is thus a right that is very similar to what the Supreme Court held with respect to the right to privacy.
• It is a right that is located through all fundamental rights and freedoms.
• Internationally, the right to access to the Internet is spelt out in Article 19 of the Universal Declaration of Human Rights.
• It states that everyone has the right to freedom of opinion and expression.
• This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• The Human Rights Council in a UN resolution made important declarations on promotion, protection and enjoyment of human rights on the Internet.
• The resolution affirmed that the same rights that people have offline must also be protected online.
• These include, in particular, freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice.
• The Kerala high court too recently acknowledged this in the case involving Faheema Shirin, an 18-year-old BA student.
• She filed a petition seeking to set aside the rule that denied internet access to women students at night in her hostel.

Conclusion:

• It is time that India recognises that the right to access to the Internet is indeed a fundamental right within constitutional guarantees.

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Prelims Questions:

Q.1) With reference to the Swadesh Darshan Scheme, consider the following statements:
1. It is a Central Sector Scheme and implemented by the Union Ministry of Culture.
2. It objective is to develop critical tourism infrastructure to make India a world class tourist destination.

Which of the statements given above are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) None

Ans: B
Mains Questions:
Q.1) How significant is internet in people’s life? Do you think it should be recognized as a fundamental right? Comment.