SC on Plea For 4G Restoration in J&K

Synopsis:

1. Introduction:
   1. People from all across the globe have come together in to support each other in these tough with the help of internet.
   2. Kerala government had asked the internet service providers to increase the internet speed by 30-40%. 
   3. But no proper internet services in Jammu and Kashmir
2. Current Situation:
   1. Apex Court asked the center and the Jammu & Kashmir administration to respond to a plea seeking them to restore 4G internet services in the Union Territory in view of the prevailing COVID-19 pandemic.
   2. Notice was issued by the Supreme Court through a video conference.
   3. The internet speed has been limited to 2G in the Union Territory of J&K.
   4. alleged that the action of the government was violative of Articles 14 (right to equality), 19 (freedom of speech) and 21 (right to life) of the Constitution.
   5. Medical services along with education heavily affected.
3. Conclusion:
   1. Such a move amounts to gross negligence especially in such a time of pandemic.
   2. The internet in Jammu and Kashmir has been restricted for over seven months, following the abrogation of the special status for Kashmiri people under Article 370 on August 5, 2019.
   3. Now that the union territory has been fully integrated in the country of India, it shall be treated as one also.
   4. It shall be noted that an effective and speedy internet was an indispensable tool in the struggle against COVID-19.

SUPREME COURT ON PLEA FOR RESTORATION OF 4G INTERNET SERVICES IN J&K AMID LOCKDOWN

INTRODUCTION

In the wake of increasing number of COVID-19 cases in the country, the government had imposed a 21 days lockdown across the nation. This has led to mass displacement of thousands of migrant workers, economic crisis and many more issues. Education has also taken a very hard blow as schools and colleges have had to shut down. Many students along with people, who now cannot go for work, have started the concept of “work from home.” And the biggest credit to make this initiative possible, goes to the internet service providers. People from all across the globe have come together to support each other in these tough with the help of internet. Hence, this goes on to show that the internet is one of the most crucial tools in combating the deadly virus. The internet has proved to be extremely useful and essential, even more than ever, as everyone sits at home. The demand of internet is such that the Kerala government had asked the internet service providers to increase the internet speed by 30-40%.  It has surely made communication easier and thus has helped the service providers, doctors, administrative authorities, police and other people involved in fighting the virus. Now after all this, imagine not having proper access to internet connection in a time when one cannot even step out of their house. This is the exact situation in the union territory of Jammu and Kashmir.

CURRENT SITUATION:

The Apex Court of the country has asked the center and Jammu & Kashmir administration to respond to a plea seeking them to restore 4G internet services in the Union Territory in view of the prevailing COVID-19 pandemic. A formal notice was issued by A Bench, consisting of Justices N.V Ramana, R Subhash Reddy and BR Gavai. The notice was issued by the Supreme Court through a video conference and a public interest litigation (PIL) by a group, 'Foundation for Media Professionals' was put for consideration, next week.

The internet speed has been limited to 2G in the Union Territory of J&K. This, when compared to the internet services that people are getting across the country, seems pathetic. Senior Advocate Huzefa Ahmadi, appearing on behalf of the petitioner, had contended that in the view of the ongoing lockdown, it is very necessary that the technology is enhanced and connectivity of J&K with the rest of the country is improved. The schools had just recently started functioning again, when due to the sudden upsurge in the number of COVID-19 cases, the whole country had to go in a total lockdown. Now with the schools closed and no proper internet services, conducting virtual classes seem, almost impossible.

The plea filed through advocate ShadanFarasat, while seeking restoration of 4G internet services, alleged that the action of the government was violative of Articles 14 (right to equality), 19 (freedom of speech) and 21 (right to life) of the Constitution. Terming the 2G services as “outdated”, the plea stated that 4G speed would be useful in ensuring proper flow of information to all the citizens in view of the pandemic. It stated, “The advent of the Covid-19 global pandemic has fundamentally altered the existing situation. At present, the following facts exist: Covid-19 exists in India, and is a highly infectious and communicable disease. Research into its origins and the best ways of tackling this disease is ongoing, and there is a continuing flow of new information about how best to contain the fall out of the virus and limit its spread and impact”.

The plea also stated that there was a dire need of such services as the people needed to be made aware of the situation surrounding coronavirus as the number of cases in Jammu and Kashmir currently stands at 184. The plea further stated, “First the guarantee of life and personal liberty under Article 21 of the Constitution of India includes the right to health; and it is the constitutional obligation of the State to provide - or at least, not to inhibit the provision of - the essential infrastructure that makes this right effective, and not reduce it to a nullity..”.

The right to health is a fundamental right under Article 21 of the Indian Constitution which requires the state to take active measures to ensure the presence of necessary physical, and, by extension, digital, infrastructure and a well-functioning internet, especially in times of an epidemic such as COVID-19, is an essential part of this digital infrastructure that is required to make this right an effective reality. The slow internet speed also makes online medical consultation and telemedicine impossible. Need of internet can be defined as a basic need in today’s tech savvy world. In fact, the Supreme Court had recently held that right to internet is a fundamental right. The plea has also stated that, “the impugned order has directly impacted the enjoyment of various other fundamental rights in the specific context of the ongoing lockdown. Restricted internet speeds are directly impacting the ability of children of Jammu & Kashmir to exercise their fundamental right to education, guaranteed under Article 21A of the Constitution since schools there are unable to shift their mode of instruction.”

CONCLUSION:

In todays world, where almost everything is dependent on internet services, inability on the part of government to provide the same would be gross negligence especially in such a time of pandemic. The internet services in Jammu and Kashmir has been restricted for over seven months, following the abrogation of the special status for Kashmiri people under Article 370 on August 5, 2019. The ban on proper internet should be lifted by the center while keeping in mind the tough time citizens all across the nation are facing. The people of Jammu and Kashmir have already had a rough few month in the past, and that coupled with the COVID-19 outbreak makes it very heard for the people to keep up their hopes and stay motivated. Now that the union territory has been fully integrated in the country of India, it shall be treated as one also. It shall be noted that an effective and speedy internet is an indispensable tool in the struggle against COVID-19.