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Right To Internet

In this context, we will discuss on meaning and concept of cyber space, cyber space and virtual world and position of right to internet under the fundamental right as well as right to education with some important case law and judgements with facts.

The present era is an era of computer and technology. Today, every sphere of human life is surrounded with the machine whether it is a fan, cooler, A.C, motorbike, car, computer, mobile etc. For every single need to luxuries of modern life, we depend on them. As we are heading towards the technological advancement, criminality is also developing from traditional crimes (e.g. theft, murder etc) to modern crimes.

Technological advancements are on one hand promoting the overall development but on the other proving detrimental to the society. Knowledge about the science and technology has become a boon for the modern criminals in carrying out their criminal activities more easily and without the fear of being caught at hand.

The present use of technology and computer network has given rise to cyber crimes. Such crime and criminals need a new approach to deal with them in order to keep them under the scope of criminal law. Cyber crimes are the most recent addition to the book of crime. Realizing the magnitude of this form of criminality, it has now become the hottest topic around the globe. On the other hand government restrict citizens to access internet for suppressing their voice against government. It's signifies some kinds of failure of the government.

Cyber Space: Meaning and Concept

The word "cyber" is a prefix that is used to describe anything related to computer or internet e.g. cybercrimes, cyber space, cyber security. Cyberspace is referred to the virtual world. Specifically, it is an electronic medium, which is used to form a computer network to aid in online communication. It is a huge network made up of several computer networks worldwide, which uses Transmission Control Protocol/Internet Protocol (TCP/IP) to facilitate communication and data exchange activities.

According to techopedia, cyberspace permits internet users to interact, share information, swap ideas, play games, engage in discussions or social forums, conduct business and create intuitive media, among many other activities. William Gibson initially introduced the word cyberspace in his 1984 book, "Neuromancer." Gibson criticized the term by calling it "evocative and essentially meaningless" in later years but the term is still widely used to describe any feature or facility which is connected to the Internet.

As briefly stated by the Ministry of Electronic & Information Technology the cyber space is a complex environment where interaction between people, software & service, take place with the support of worldwide distribution of information and communication technology (ITC) devices and network.

Cyber Space, The Virtual World:

The "Cyberspace" is unified technology. It entered the "popular culture from science fiction and the arts but is now used by technology strategists, security professionals, government, military and industry leaders and entrepreneurs to describe domain of global technology environment.

The other consideration for cyberspace is it is just a speculative environment in which communication over internet could be happened. The Cyberspace has become very prominent since year 1990, when the world become the witness of increasing use of internet and digital communications in almost all field of human social as well as in profession life. It is world largest- unregulated and uncontrolled domain in history of mankind, which is developed by peoples of physical world.

The practical use of cyberspace is for human interaction, sharing of opinions, exchange of ideas, official communications, instant communications, playing games, artistic purpose, political discussions etc., which is generally called as cybernauts. Conventionally cyberspace means- a platform which relates to internet and different internet culture. Majority of opinions are in favor to consider right to privacy as a beneficial code for cyber ethics.

Right to Internet is a Fundamental Right or not?

Around 60% of people in the world has does not have right to internet and if we look at third world countries then only 1 out of 10 people have internet access along with this are many countries which does not allow their citizens to access specific contents or restrict to access. But it is not possible for development without digitalization specially today's generation that's why in 2016 United Nation Human Right Commission said that Right to Internet should be made a fundamental right.

Since 11 years more than 400 internet shutdowns in India by the government for the various reason. On 4th August 2019 when Parliament revoked Article 370 of the Constitution of India from state of Jammu and Kashmir through the Jammu and Kashmir Reorganisation Act, 2019. Under this Act Jammu and Kashmir divided into two Union Territories that are Jammu and Kashmir and Ladakh simultaneously imposed section 144 of CrPC which prohibits unlawful assemble for the maintenance of peace with Internet shutdown. That shutdown was the longest internet shutdown in the Indian history and it's restore after 213 days on 4th March 2020.

But between 4th August 2019 to 4th March 2020 we got 3 important Judgments which was going to decide a new right which is Right to Internet. In Faheema Shirin R.K V. State of Kerala and others The Kerala High Court observed that right to access internet is a Fundamental Right as well as it connect with Right to Privacy under Article 21 and also with Right to Education. The Supreme Court pronounce that due to immediate threat or security concern a temporary ban on services is permissible but ban of internet services for a indefinite time is not right, the balance between national security and human rights should be maintained.

So, after the Judgment of 10th January, the lowest speed 2G internet services had allowed in Jammu Kashmir. But after the 4G case the ban on 3G and 4G internet service in Jammu and Kashmir was challenged on the grounds ban of internet has violation of fundamental rights. The Supreme Court issued direction for resume 4G services and committee was setup.

At the last I would like to conclude that at present Internet is a past of human being after some time at may be take a place in the basic need of human being. Now a days internet effects our normal life either in positive or negative ways. But it performs a important role in education sector and also we have to little worry about privacy because nothing is secure in the cyber space. So government takes many steps and make laws to protect privacy in internet but it needs amendments by the time by time with new policy or framework structures.

Award Winning Article Is Written By: Mr.Suraj Chetry
Awarded certificate of Excellence
Authentication No: MY350743150431-21-0523

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