Internet Fundamental Right - Kashmir

By Author: subhan basha
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Internet Fundamental Right - Kashmir

On January 10, 2020, the Supreme Court ruled that Internet access is a fundamental right of the people of Jammu and Kashmir. The court ruled that it was Article 19 of the Indian constitution. The Supreme Court has ruled that the Internet ban and article 144 can only be imposed when they are unavoidable.

In its judgment, the court stated that restraining orders should be reviewed within a week. The court also said the restrictions included the movement of politicians, the ban on the Internet cannot be maintained indefinitely.

Main points of the SC judgment

• The Supreme Court ordered all public domain orders under which section 144 was imposed on Kashmir.
• The Supreme Court requested the Jammu and Kashmir administration to restore Internet services in all hospitals and educational establishments.
• The Supreme Court also ordered an immediate review of the Internet suspension in Jammu and Kashmir.
• According to the order of the SC, the Supreme Court has set up a committee to review all decisions that the state government will make ...
... in the public domain. This committee will review government decisions and submit a report to the court within seven days.
• The Supreme Court has stated that section 144 cannot be misused. Article 144 may not be imposed indefinitely. SC said there must be some logic behind it.
• The Supreme Court has stated that the right to the Internet is also a right of expression.

Congress chief Ghulam Nabi Azad, Anuradha Basin and several other leaders had filed a motion against the J&K restrictions before the Supreme Court. These leaders said that foreigners were not allowed to enter the valley. They said that the government has imposed restrictions on the Internet, mobile calling facilities. NV Ramana, the bank headed by judge BR Gavai and judge R. Subhash Reddy, ruled that magistrates should apply their spirit and follow the doctrine of proportionality when approving prohibitive orders.

How did the government justify the restrictions?

The central government justified on November 21 and said the restrictions were taken as part of preventive measures that resulted in a peaceful environment, as no lives were lost or any bullets were fired during this period. Attorney General Tushar Mehta said that during the period of these restrictions in the J&K region, there were no gunshot incidents or deaths.

Subhan is the head digital marketing expert at Jamex Company (). He's an aficionado of technology and gadgets, always looking for ways to leverage the best in the digital marketing landscape, to create viable and efficient solutions for customers.