Fundamental rights to internet access in India
India is a country driven by its population. India’s people have the ability to scale businesses and create trends. We have seen a growing trend in recent decades of the world going digital, and India is not far behind in terms of technological development.
India ranks second in the world in terms of the number of internet users, with over 560 million (Q1 2021). According to Statista, a German database company, this figure is expected to reach 1300 million by 2030 and cross 1500 million by 2040. That is a significant number!
Our country’s constitution is intended to benefit everyone. As a result, it is not surprising that access to the Internet is recognised as a fundamental right under Article 19 of the Indian constitution. According to the court, the right to access the internet has been read into the fundamental right to life, liberty, and privacy under Article 21. The court went on to say that it is an essential component of the infrastructure of free speech and expression. In 2019, Kerala became the first state to declare access to internet a basic human right.
The right to the Internet can be divided into two categories:
- The right to internet access
- The right to express oneself over the internet
How our constitution defines “Right to Internet”
- Article 19 – In layman’s terms, Article 19 of the Indian constitution states that access to the Internet is a fundamental right and that the government cannot deprive any citizen of any fundamental right unless certain conditions specified in the constitution are met
- Article 21 – According to Article 21, Indian citizens have the right to free speech and expression on the internet. The right to access the internet has been incorporated into the fundamental right to life and liberty
The significance of “Right to internet”
The Internet has the potential to accelerate a country’s economic, social, and political development. It makes a significant contribution to human progress. As a result, by providing its citizens with internet access, a country ensures that there is no impediment to development through the use of the internet.
Internet allows people to perform valuable transactions within a few seconds at the click of a button. With access to internet, people can enjoy their freedom of speech, opinions and expression, thereby activating the enablers of other human rights.
On a global scale, the United Nations declared in 2011 that broadband internet access is not only essential, but also a human right. Many other countries, including Finland and Greece, consider it a civil right.
Due to the digital revolution, the need for a fundamental right to internet access has gradually grown in India over the last few decades. Because many organisations’ operations shifted to online platforms, the pandemic acted as an accelerator in the same direction. As a result of digitization, we have become increasingly reliant on the internet for everything. Recognizing its significance at this time and ensuring that internet access is not restricted is critical for the government.
Challenges we face
Tertiary rights, such as the protection of personal information and data, are born from the fundamental right to the internet. At this time, India has not enacted any data protection legislation, which is a component of the “Right to Privacy.”
Moreover, at this point, a very small rural population in our country has access to the internet. According to National sample survey, only 4.4% of rural households have access to a computer, with only 14.9% of it having internet access. These facts pose a challenge for the government.
Managing and preventing cyber crime poses as another major challenge in the wake of digital approach.
How to ensure maximum benefits from the right to internet
- Given that the majority of organisational operations have moved to the digital realm, the government could prioritise the development of a digital infrastructure
- It is critical for citizens to be digitally literate in order to fully exercise their rights. The information available on the internet can only be used effectively if people know how to use it constructively
- Having access to affordable internet is something to consider
- The government can scrutinise proper telecom regulations. This will eliminate unhealthy competition and ensure that everyone has access to the internet
- Supporting digital transactions and programs such as “Digital India”
Conclusion
In recent years, we have seen our day-to-day activities such as shopping, education, entertainment, and business rely on online information transactions. As a result, we rely heavily on internet access for even the smallest of tasks.
A fundamental right to the internet is unquestionably a valid requirement.