Right to have access to Internet is part of Right to Education as well as right to privacy: Kerala High Court
In a significant verdict, the Kerala High Court has ruled that the right to have access to Internet has become the part of right to education as well as right to privacy under Article 21 of the Constitution of India.The petitioner, an 18 year old student staying in hostel run by Sree Narayanaguru College, Chelannur, Kozhikode affiliated to University of Calicut filed a writ petition in the...
In a significant verdict, the Kerala High Court has ruled that the right to have access to Internet has become the part of right to education as well as right to privacy under Article 21 of the Constitution of India.
The petitioner, an 18 year old student staying in hostel run by Sree Narayanaguru College, Chelannur, Kozhikode affiliated to University of Calicut filed a writ petition in the High Court of Kerala for being expelled for unwilling to obey the rules that prohibited the inmates of girls hostel from using mobile phones between 6 pm and 10 pm everyday.
It was alleged by the petitioner that, according to her, the restrictions are arbitrary and it impairs the quality of education accessible to female students and it hampers their potential. The student stated that the Education Department has introduced QR Code in text books enabling the students to scan it and read the lessons and allied topics and watch the videos in their mobile smart phones or tablets. It is also her case that she is denied her right to acquire knowledge through internet and that by prohibiting the use of mobile phone, she is deprived of the access to the source of knowledge to her detriment which will affect the quality of her education. It is claimed that the right to access internet forms a part of freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian Constitution and the restrictions imposed do not come within reasonable restrictions covered by Article 19(2) of the Constitution of India.
The question in consideration before the High Court of Kerala was whether the restrictions imposed by the hostel authorities on use of mobile phones while enforcing discipline has infringed the fundamental rights of the student, even assuming that such modification was brought about at the request from the parents.
Judge P.V.Asha, Honourable Judge of the Kerala High Court ruled that, the right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India.
The High Court ruled that it would be open to the authorities in the hostel to supervise whether any distraction or disturbance is caused to other students on account of usage of mobile phone or take action when any such complaint is received. The total restriction on its use and the direction to surrender it during the study hours is absolutely unwarranted. When the Human Rights Council of the United Nations have found that right to access to Internet is a fundamental freedom and a tool to ensure right to education, a rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.
Further, the Court observed that while enforcing discipline it is necessary to see the positive aspects of the mobile phone also. Moreover, none of the students should be compelled either to use mobile phone nor restrict its use. The Court held that it is for the students to decide with self confidence and self determination that the mobile phone would not be not be misused and that it would be used only for improving their quality of education.
The High Court held that that imposition of such restrictions is unreasonable and directed that the student be re-admitted in the hostel without any further delay.