Right To Access Internet A Fundamental Right, Rules SC on J-K Restrictions

Mumbai: The Supreme Court on Friday while hearing petitions challenging the restrictions in Jammu and Kashmir said that the right to use the Internet is a fundamental right under Article 19 of the Constitution of India.

“There is no doubt that freedom of speech is an essential tool in a democratic system. Freedom of Internet access is a fundamental right under Article 19 (1) (a) of the Constitution,” a two-judge bench headed by Justice N.V. Said reading the decision.

The apex court said that there has been a lot of violence in Kashmir and it will try to maintain a balance between human rights and freedom with the issue of security.

It also directed the Jammu and Kashmir administration to review the restrictive orders imposed in the area within a week. The apex court said, “Citizens should be provided with the highest security and freedom.”

After the repeal of Article 370 in August last year, the apex court ruled and issued directions on a number of petitions challenging restrictions and internet blockade imposed in Jammu and Kashmir.

The Supreme Court on 27 November reserved for the repeal of Article 370 the decision of a group of petitions challenging the restrictions placed on communications, media and telephone services in Jammu and Kashmir.

The court heard petitions filed by various petitioners, including Congress leader Ghulam Nabi Azad and Kashmir Times editor Anuradha Bhasin.

The petition was filed by the central government in August after the removal of Article 370 and the division of Jammu and Kashmir into two union territories – Jammu and Kashmir and Ladakh. Subsequently, phone lines and the Internet were blocked in the area.

The government had, however, contended that it has progressively eased restrictions.

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