Supreme Court Upholds Right to Internet as a Fundamental Right in the Digital Age
- ByAdmin --
- 05 Mar 2025 --
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Reaffirming the centrality of digital access to modern life, the Supreme Court of India has ruled that the right to internet access is a fundamental right under Article 19(1)(a) and Article 21 of the Constitution of India. The bench, led by Chief Justice Arvind Chauhan, observed that access to information, education, and livelihood now depends heavily on digital connectivity.
Background
The case stemmed from challenges to internet shutdowns imposed in certain districts for security reasons. Petitioners argued that such blanket bans disproportionately impacted education, healthcare, and economic activity, especially for marginalized communities.
Key Observations
Chief Justice Arvind Chauhan held:
- Digital Lifeline: In the modern era, internet access is indispensable for free speech, education, and economic participation.
- Proportionality Principle: Shutdowns must be proportionate, necessary, and temporary. Blanket bans are constitutionally suspect.
- Economic and Social Justice: Denial of internet access exacerbates inequalities, especially in rural and economically weaker areas.
International Alignment
The ruling aligns India with global precedents such as the UN Human Rights Council’s declaration that internet access is a human right. Courts in South Africa, Kenya, and Germany have issued similar rulings recognizing digital rights.
Implications
This decision requires governments to adopt transparent protocols before restricting internet access. It also sets the stage for future litigation around net neutrality, data privacy, and digital inclusion.
Conclusion
The Supreme Court’s recognition of internet access as a fundamental right strengthens India’s digital democracy, ensuring that digital exclusion does not silence marginalized voices or deny essential services in the digital age.
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