Right To Access To Internet: Fundamental Right Or A Glorified Privilege?

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Ankit Mishra, LL.M, Amity Law School, Amity University

Dr. Aishwarya Pandey, Assistant Professor, Amity Law School, Amity University

ABSTRACT

In today's digital age, the right to get online has come to be recognized as a necessary part of human rights, shaping and complementing the fulfillment of numerous civil, political, social, and economic rights. As the internet enters almost every corner of day-to-day life—education and work, health and governance—it is now an indispensable public utility, not a luxury. The idea of internet access as a right captures the growing reliance on digital spaces for the exercise of freedom of speech and expression, accessing information, democratic participation, and the attainment of socio-economic rights.

Internationally, various international organizations and human rights groups have highlighted the need for access to the internet. The United Nations Human Rights Council, in its historic resolution in 2016, stated that the same rights individuals enjoy offline must also be enjoyed online, particularly the freedom of expression. This acknowledgment highlights the need to ensure universal, accessible, and open access to the internet as a tool to empower individuals and promote inclusive development.

In the Indian context, the importance of internet access was judicially recognized in the 2020 Supreme Court ruling in Anuradha Bhasin v. Union of India. The Court ruled that access to the internet is necessary for the exercise of fundamental rights under Article 19(1)(a) (right to freedom of speech and expression) and Article 19(1)(g) (right to practice any profession or engage in any occupation, trade, or business). This ruling came in the context of internet shutdowns in Jammu and Kashmir, and it was a crucial step towards constitutional acknowledgment of digital rights in India.

In spite of this judicial acknowledgment, there are major challenges still. India still experiences a profound digital divide characterized by geographical, gender, socio-economic, and education-based disparities in access. Rural and remote locations frequently lack good internet infrastructure, and affordability is a problem, especially among marginalized groups. These gaps prevent inclusive engagement in digital governance, online learning, e-commerce, and remote work opportunities, thus worsening existing inequalities.

RIGHT TO ACCESS TO INTERNET- FUNDAMENTAL RIGHT OR A GLORIFIED PRIVILEGE.pdf

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