Right to access internet not fundamental right: Jammu and Kashmir administration tells Supreme Court

Jammu and Kashmir administration on Wednesday (April 29) told the Supreme Court that right to access internet is not a fundamental right and the state has got authority to curb the freedom of speech and the right to trade through internet.

The Jammu and Kashmir administration made the claim while opposing restoration of 4G services in the union territory. During the hearing, the Jammu and Kashmir informed the top court that the internet speed has been reduced in the Union Territory to protect the sovereignty, integrity and security of the country.

"It is submitted that the right to access internet is not a fundamental right and thus the type and breadth of access for exercising the right to freedom of speech and expression under Article 19(1)(a) and/or to carry on any trade or business under Article 19(1)(g) of the Constitution of India through the medium of internet can be curtailed," an affidavit filed by the Jammu and Kashmir administration said.

It is to be noted that Foundation for Media Professionals had filed a peition in the apex court seeking restoration of 4G internet services in the union territory in the wake of coronavirus COVID-19 outbreak.

In its affidavit, the Jammu and Kashmir administration told the SC that the petitioner has made incorrect claims about the deprivation of access to education, healthcare facilities and to justice itself with 2G internet speed.

"High speed internet services (4G) decrease the time of circulation of various photographs, videos, propaganda audios, and hence enable the associated content to go viral, with the reaction time of law enforcement agencies to such situations decreasing. Various Pakistan-based terror outfits are leaving no stone unturned to exploit the present situation as seen by recent infiltration attempts in handling of which many personnel of security forces have lost their lives," said Jammu and Kashmir administration.

"It is submitted that the administrative authorities concerned are the best suited to assess and handle the situation depending upon the peculiar needs and facts brought within their special knowledge," added the affidavit.

The Jammu and Kashmir administration also informed the SC that anti-India forces were using different VPNs, but because of low-speed mobile data services, they were unable to upload files of heavy data containing incriminating videos.

"Pakistan-based terrorism handlers like TRF and TMI, instigating youth to join terrorism, are using messaging applications to communicate as also to raise the morale of terrorists; however, 2G mobile data services considerably restrict the use of such applications," the affidavit added.