Denial of 4G internet services in J &K - The hindrance towards effective participation in national affairs

On 4^th May, the Supreme Court continued to hear arguments in the petition filed by the Foundation of Media Professionals – for restoring access to 4G internet services in Jammu & Kashmir (‘J & K’). After hearing arguments from the petitioner as well as the State, the Court reserved its order.

During the hearing that took place yesterday, the counsel for the petitioners contended that in light of the Covid-19 pandemic, a suspension of internet services violates the right to access healthcare services and the right to education under Article 21. It was argued that during this pandemic, a lack of 4G internet services prevents doctors from accessing and implementing latest information and research on Covid-19 treatment. Along with this, it also makes telemedicine impossible to execute for both patients and doctors.

With respect to the violation of the right to education, it was argued that a lack of 4G services prevents students from availing the facility of online classes, which is being implemented in the rest of India. The State on the other hand contended that a restriction on 4G internet services was necessary for safeguarding national security, in light of a rise in militancy in the Kashmir valley, during the last few months.

As we await the judgment, let us consider another important civil rights-based argument in favor of restoring 4G services. This relates to how lack of 4G internet services prevents the residents of J & K from effectively participating in national affairs. As we discussed in an earlier post, a lack of 4G services hinders the residents of J & K from accessing information through the internet. Let us now refer to two instances where lack of access to information through the internet may prevent the J & K residents from effectively participating and contributing to national affairs.

(i)             Lack of internet access hinders doctors and researchers of J & K from contributing to Covid-19 related research and development, as 2G speed is not sufficient for uploading information, as well as downloading existing information that is in the public domain. Unlike doctors from the rest of India, doctors and researchers in J & K shall be hindered from uploading, sharing and disseminating the knowledge that they may have imbibed while treating Covid-19 patients. They are also hindered from sharing and disseminating the research that they may have undertaken, regarding different aspects of Covid-19. 2G internet speed acts as a roadblock for such sharing of knowledge and research, which is being undertaken in all other parts of India. Such participation and contribution to national affairs by sharing and disseminating knowledge is an integral facet of Article 19(1)(a), which clearly stands violated.

(ii)         The deficient speeds of the 2G network hinders the preparation efforts of those who wish to give competitive examinations such as CLAT and UPSC. Deficient internet leads to a situation where unlike aspirants from the rest of India, they cannot access multiple preparation resources that are solely available online. Denial of online sources leads to a situation where they do not have equal opportunities and avenues for preparation, when compared to students from the rest of India. Such denial of equal opportunity by suspending internet services goes against the cardinal tenet of Article 14 of the Constitution, which is that ‘equals should be treated equally’. The denial of equal opportunity to participate in national affairs such as competitive examinations is one discriminatory consequence of this internet suspension.

The two instances referred above highlight how the denial of 4G internet services has a domino effect – where the lack of access to information on the internet hinders J & K residents from having equal opportunity and avenues to contribute to national affairs. Along with denial of access to socio-economic rights such as healthcare and education, this is another civil rights issue which forms the crux of this internet suspension.

This hindrance towards contributing to national affairs may also lead to further isolation and mistrust between the residents of J & K and the rest of India. While we await the decision of the Supreme Court, let us remember that this internet suspension has only created more walls between J & K and the rest of India, at a time when we should be building bridges.