Opinion | Internet access as a fundamental right

Even a single source of light can offer enough illumination to pierce through darkness. Consider the Supreme Court’s ruling on Friday saying that the right to internet access is a fundamental right under Article 19 of the Indian Constitution. In response to questions raised over clamps imposed in Jammu and Kashmir (J&K), the three-bench judge ascertained that the right to freedom of speech and expression includes the right to a web connection. But wait, there’s more. This right can still be abridged if there’s a reasonable case for it, just as the right to self-expression can be curtailed if it could clearly have adverse consequences. As the classic example goes, free speech doesn’t mean you can falsely shout “fire” in a closed hall, cause a stampede, and get away with it.

Restrictions on internet, according to the court, would be judged by the principles of proportionality under the law. Accordingly, the court directed the J&K administration to publish all restrictive orders within a week, be it on letting people gather or on internet availability, so that they could be put under judicial review if challenged by anyone.

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