Dr. B.R. Ambedkar Opinions that, Constitution is the Soul of the nation. The preamble of the constitution is key to the Mind of the constitution. The Constitution of India is not only protected and enforcement of Fundamental Rights of Citizen of India, but it is also Plays a Vital Role in Guardian of the Government of India for Implementing Public Policies Properly. DR. Ambedkar Speaks in Drafting Committee of Constitution of India on the topic of Freedom of Speech and Expression and Its Significance in Democracy of India. Right to Internet Access is Essential Human Right emerged in Covid-19 Situations. Internet Access is an Integral Part of Freedom of Speech and Expression because using the Internet helps us to manipulates businesses on the Internet and Social Media Campaigning. Education in India landed on Online Access Platforms during the Covid-19 Pandemic with using of the Internet. Therefore, Without Internet Access, We Cannot able to fulfill our daily life goals. We cannot access Online Education Platforms.
In 2016, the Human Rights Council of United Nations General Assembly states that Right to the Internet Access is an essential human right integral allowing Individuals to access Freedom of Speech and Expression. In August 2012, the Internet Society did a survey among more than ten thousand internet users from 20 countries, of which 83% of users strongly agreed to legalize the right of internet access as a basic human right, with 13% on the opposite opinion.
INTRODUCTION
Fundamental Rights are basic rights needed for human beings to live in life. Fundamental Rights help us to eliminate poverty, inequality, and curb major problems faced in society. Fundamental rights Help in the empowerment of human beings. Fundamental Rights helps us in the empowerment of human beings. Fundamental Rights are inserted in our constitution of India and deals with Part III of the constitution of India. In the constitution of India, there are six basic fundamental rights included in the constitution. Right to Life and Personal Liberty, Right to Equality Before Law and Equal Protection of Law, Right to Freedom of Speech and Expression, Right to Justice against Exploitation, Right to Freedom of Religion, Right to Employment and Enhancement of Minorities.
In these Pandemic Days whole world economy suffering from depression. Jobs and employment problems create very rapidly. The youth of India suffer from Anxiety and fears of the future career. Due to this pandemic more than 50 % percent of the Market, Businesses are landed in Internet Market. Businesses, as well as the corporate sector, holds all over activities in online mode as well as online webinars, meetings. The major economy of India openly active on the Internet. Internet Access and good Internet connections are becoming an essential tool for surviving in daily activities. Internet Access is not only Plays a crucial role in businesses. It helps in accessing information sources worldwide. We can achieve high-quality education goals and Low-cost education with help of the internet.
Today, we see that since the month of April, the government of India Implements a lockdown phase in India. In the last six months, the government of India reopens businesses in a slow process. Schools and Colleges conduct their online classes of students. Internet access is essential for attend online classes, webinars held by subject experts, and educational study. However, backward areas of our country not access to the Internet yet. More than 40 percent of the backward population of our country does not know how to use the Internet and the Importance of the Internet in the Present Situation.
FREEDOM OF SPEECH AND EXPRESSION, RIGHT TO EDUCATION AND PRIVACY UNDER ARTICLE 19 AND 21 OF THE CONSTITUTION OF INDIA
Every citizen of India Has freedom of speech and expression. It means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures, or any other mode. It includes the expression of own’s ideas by any communicable media or visible representation (E.g.: Signs, gestures, etc.). The freedoms guaranteed under Article 19(1) are available to citizens only and not to a foreigner or an alien enemy. The term ‘citizen’ under Article 19 means a Natural Person but not a legal person like a company or corporation.
Freedom of Opinion and Expression states that Internet Access is co-relates to this article of the constitution. Every citizen of India has freedom of opinion and expression. Citizens of India can express their own thoughts freely without any hesitation. Businesses, Education, Online Markets as well as the corporate sector are landed on the Internet during Pandemic Days.
Article 21 A of the constitution of India deals with the Right to Education is the fundamental right of every citizen of India. Children of India have the right to education till the age of 14 years. Under this Article of the constitution of India, every child of India has the right to attain compulsory education till the age of 14 years. In the Interest of Education and employment, Internet access is essential for empowerment.
Article 21 of the constitution deals with the Right to Personal liberty but the Right to Privacy includes under Article 21 of the constitution of India. Right to Privacy deals with Right to Internet Access. If the internet access links with education and uses in businesses, Trade, personal enhancement then it is dealing with the personal liberty of human beings.
In this period of the pandemic, Internet access is essential for achieve advanced educational goals in life. Online classes and webinars of students are dependent on the Internet. Good Internet access and Information diffusion are leads to empowerment of human being. Article 19 (1) of the constitution of India deals with the speech and expression of India. Speech and expression through Internet are new generations Information diffusion landed over the Informative World. United Nations General Assembly concludes that in the month of November 2015, the Right to the Internet is an essential fundamental right of every citizen in the world. Internet access is essential for the advancement of education and personal needs fulfillment in life. In August 2012, Internet Society did a survey, regarding Users of the Internet in the World. Then 40 % of the Population opined that Internet Access is the essential fundamental right of every human being in this world. Because It empowers development and Information Diffusion.
Article 13 of the International Covenant on Civil and Political Rights declared that “Right to Internet Access is essential fundamental Right as Similar to Right to Education” freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Nowadays, unlike traditional media, the internet allows people to seek, receive and impart information rapidly and at an extremely low cost.
In 2016, a report from the Human Rights Council of the United Nations General Assembly declared access to the internet to be a basic human right.
United Nations General Assembly states that the Right to development is third generation human right in developing countries. Recognition of the close relationship between the right to Internet Access and basic human right by international laws.
(4) ANALYSE THE FOLLOWING CASE LAW
Aniruddha Bhasin Versus Union of India (Writ Petition No. 1030/2020) [4]
The court held that the Right to Internet Access, also known as The Right to Broadband or Freedom to connect. This case held that suspended Internet broadband connections are temporarily permissible but permanently shut down is an abuse of power. Right to Internet Access is an integral part of Article 21 of the constitution of India. Article 21 A of the constitution of India states the Right to education but It deals with the Right to Internet Access.
The right of freedom to choose trade and profession over the Internet enjoys constitutional protection under Article 19 (1) of the constitution of India.
Fahima Shirin Versus State of Kerala (Writ Petition No. 19716/2019) [5]The high court of Kerala delivers the judgment on this case; Right of Internet Access is recognized as Right of privacy and Right of Education under Article 21 of the constitution of India. The court ordered the college to modernize policies so they do not discriminate based on gender or undermine student’s access to educational resources. Finding the restrictions to be “Absolutely unwarranted”. PUCL Versus Union of India (AIR 1997 SC 568) [6]The right to the Internet deals with the right to life and personal liberty. Civil liberties are essential for human development. Internet aids the citizen to express their opinion on a global platform and therefore is covered under the ambit of Article 19(1) (a) of the constitution.
MANEKA GANDHI VERSUS UNION OF INDIA (1978 SCR (2) 621) [7]
The case held that every human being has the right to personal liberty under Article 21 of the constitution of India. Any competent authority of government cannot be curtailed the Right to Personal liberty of Any Individual Citizen of India except in cases of public order emergency.
Maneka Gandhi is a Registered by the birth citizen of India have the willingness to travel abroad but an Order issued by government authority for not the issuance of Passport to travel abroad in case of public order is unconstitutional and violates Article 21 of the constitution which deals with personal liberty. Because travel to abroad in own willingness is related to personal liberty. There is no question that arises of public order.
(5) CONCLUSION: Internet Access is essential in our daily life because it is the source of Information diffusion and plays a vital role in the development of our life. The golden triangle of the constitution of India includes the Right to life and personal liberty, the Right to Freedom of speech and expression, and the Right to Equality before the law under Article 21, 19, and 14 of the constitution of India Respectively but one section of society easily accesses to the Internet and other section of society unable to access the Internet then such situation leads to digital inequality and causes unable to use of freedom of expression. Clearly, such circumstances Violate provisions of Article 21, 19, and 14 of the constitution of India.
United Nations General Assembly of Human Rights states that the Internet is an essential human right and advises countries presented in the assembly needed to make the Internet Access to the Fundamental Right of every citizen.
In this Pandemic Days, not only Internet Access but Good connection of Internet Access is essential for our education as well as business and other activities. Major backward areas of India do not access to the Internet yet. Lack of Infrastructure and lack of digital literacy causes them could not able to use the Internet. The administration wanted to make a plan in the interest of public policy and delivers Internet Access to every citizen of India.
Today, we see that the Government of India, after first rigorously implementing a lockdown across the country, has started reopening businesses, albeit slowly. Schools and colleges are conducting their online classes. Internet access is essential for attending online classes, webinars held by subject experts, and educational study. However, backward areas of our country have no or limited access to the Internet yet.