. Kerala HC Declares Right to Access Internet Is Part of Right to Education: Bridging the Digital Divide
- ByAdmin --
- 14 Apr 2025 --
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In a path-breaking judgment that could reshape the contours of educational rights in India, the Kerala High Court has held that access to the internet is an essential component of the right to education, especially in the modern, digital age. The verdict, delivered in April 2025, affirms that denying students access to the internet — particularly in educational institutions — amounts to a violation of their fundamental rights under Article 21A (right to education) and Article 21 (right to life and dignity).
This ruling not only brings legal recognition to the increasing digitization of learning but also addresses systemic inequality in educational access due to lack of connectivity.
The Case: Wi-Fi Ban in Women’s Hostel
The case arose when a female undergraduate student from a prestigious government-aided college in Kerala filed a petition challenging the ban on internet usage in the women’s hostel after 10 PM. The college claimed that this restriction was necessary to maintain “discipline” and ensure that students “focused on sleep and routine.”
The petitioner argued that:
- She was preparing for competitive exams, which required access to digital content
- The ban was arbitrary and gender-biased, as no such restriction existed in the men’s hostel
- The policy deprived her of meaningful study time and infringed upon her right to learn
The issue soon gained traction, highlighting a wider debate about digital access, gender, and educational equity in India’s hostels and campuses.
What the Kerala High Court Ruled
A single-judge bench led by Justice P.V. Asha ruled in favor of the student and declared:
“In today’s world, the right to access the internet forms an intrinsic part of the right to education. Curtailing it without reasonable justification is unconstitutional.”
Key takeaways from the judgment:
- Educational institutions cannot impose unreasonable restrictions on internet access, especially for academic purposes
- Hostels and schools must provide minimum digital infrastructure to enable students to learn
- Any rule or restriction must pass the test of reasonableness, necessity, and proportionality under Article 19(2)
The Court struck down the ban, directed the college to provide round-the-clock internet access in study zones, and instructed the state government to issue guidelines on digital access in educational hostels.
Why This Ruling Matters
This judgment is monumental because it links internet access — often seen as a luxury — to a constitutionally guaranteed right.
1. Brings the Right to Education into the 21st Century
India's Right to Education Act (RTE) primarily focuses on infrastructure like classrooms, textbooks, and teachers. But in 2025, learning often happens online — through apps, videos, portals, and virtual mentorships. The judgment updates the legal understanding of what education requires in a digital society.
2. Addresses Digital Divide
The Court recognized that students from marginalized backgrounds often depend on institutional internet access. Restricting it further deepens the gap between privileged and underprivileged learners, reinforcing inequality.
3. Supports Women’s Autonomy
The gendered aspect of the restriction was also scrutinized. The Court made it clear that women students cannot be infantilized under the guise of discipline. Academic freedom applies equally to all genders.
Legal Context and Precedents
The ruling builds on earlier constitutional interpretations:
- Article 21A: Right to free and compulsory education up to age 14
- Article 21: Expanded by judicial interpretation to include right to dignity, livelihood, privacy, and personal development
- Anuradha Bhasin v. Union of India (2020): Where the Supreme Court ruled that access to the internet is part of the freedom of speech and expression under Article 19
By linking internet access with education, the Kerala HC has added a new dimension to these precedents.
Implications Nationwide
Following the judgment, several state governments and central educational bodies are expected to:
- Review their hostel and institutional IT policies
- Provide basic Wi-Fi infrastructure in public schools and colleges
- Include digital access as a component of RTE implementation
It also opens the door for future PILs on issues like:
- Universal digital access in rural schools
- Free internet for economically weaker students
- Guidelines for digital learning standards in India
Reaction from Students and Educators
The verdict has been widely welcomed by students, educators, and policy think tanks.
A professor from a government college in Kochi remarked:
“This judgment doesn’t just support digital literacy — it protects digital dignity.”
Student groups have hailed it as a win for autonomy, equality, and academic freedom.
Challenges Ahead
While the judgment sets a strong precedent, real implementation will require:
- Budget allocations for bandwidth and infrastructure
- Teacher training in digital pedagogy
- Regular audits of digital accessibility across institutions
- Protection against digital surveillance or misuse of internet access as a control tool
From Textbooks to Tabs — A Constitutional Upgrade
The Kerala High Court’s ruling that internet access is part of the right to education marks a defining moment in India’s educational and legal landscape.
In today’s world, a child without connectivity is as disadvantaged as one without a classroom. By recognizing this, the judiciary has ensured that the right to education is not just theoretical — but technologically relevant, equitable, and future-ready.
Because education isn’t just about opening books — it’s about opening access.
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