RIGHT TO INTERNET IS A FUNDAMENTAL RIGHT। CASE STUDY। SURBHI SRIVASTAVA... скачать в хорошем качестве

RIGHT TO INTERNET IS A FUNDAMENTAL RIGHT। CASE STUDY। SURBHI SRIVASTAVA...

Right to Internet is a Fundamental Right related case study..... consider the date of the past decade there are over 400 internet shutdown all over the country. Hence, on 4th August 2019 when Art 370 was revoked, the state of J&K faced section 144 of IPC, as well as internet, shut down. It is the longest shutdown India has ever faced which was restored after 213 days, i.e., on 4th March 2020. CASE-1 In the case of Faheema Shirin R.K. vs State of Kerela, where a college student challenged the hostel rules to not use the phone from 6 PM-10 PM. Here the Kerela High Court explained the gravity of the usage of the internet as a very integral part of development. Moreover, the right to the Internet is a fundamental right and explained the connection to the right to education and the right to privacy. CASE-2 In the case of Anuradha Bhasin vs UOI, challenged the ban on the internet for an indefinite time period plus restricting physical movement is violating Art 19 of the Indian Constitution. The Supreme Court held that a temporary ban for security concerns is permissible but an indefinite ban is not allowed. And hence, the court allowed 2G data services. CASE-3 Then, this case was filed by the Foundation of Media Professionals vs UOI which challenged that many fundamental rights are violating like health, education, profession etc. where the court directed the government to allow 4G internet services and hence, various part of J&K got blessed with Internet services again. Not only that but court also explained the importance of maintaining a balance of national interest and human rights.