A PIL has been filed in the Supreme Court seeking directions to the Centre and the Jammu and Kashmir administration to restore 4G internet speed in the Union Territory in light of prevailing COVID19 pandemic.
The plea, filed through ‘Foundation for MediaProfessionals’, has assailed an order of the UT administration of March 26, bywhich internet speed has been restricted to 2G only in the state.
The plea, while seeking restoration of 4G internet services,alleged that the action of the government was violative of Articles 14 (rightto equality), 19 (freedom of speech) and 21 (right to life) of theConstitution.
Terming 2G internet services as “outdated”, theplea said 4G speed would be useful in ensuring information flow to the citizensin view of the COVID19.
“The advent of the COVID19 global pandemic hasfundamentally altered the existing situation. At present, the following facts exist: first, COVID19 exists in India, and is a highly infectious andcommunicable disease. Research into its origins and the best ways of tacklingthis 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 said.
It said the plea has been filed to ensure flow ofinformation to citizens during these “extraordinary times when the numberof cases of Coronavirus Disease (“COVID19″) in Jammu and Kashmir has already reached 33, with 2 reported deaths”.
“In these conditions — a pandemic and a lockdown – the restriction of mobile internet speeds to 2G only is completely unreasonable, illegal, andunconstitutional for the following reasons.
“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 – theessential infrastructure that makes this right effective, and not reduce it to a nullity….,” it said.
The right to health is a composite right which requires the state to take active measures to ensure the presence of necessary physical, and, by extension, digital, infrastructure and awell-functioning internet, especially in times of an epidemic such as COVID19, is an essential part of this digital infrastructure that is required to make this right an effective reality, it said.
The slow internet speed also renders telemedicine oronline video consultation impossible, it said.
“The right to internet connectivity has repeatedly been recognised by the Government of India as a basic necessity or an essential service to ensure the right to health,” the plea saidand referred to the National Telecom Policyin support of its contention.”Fourth,the impugned order has directly impacted the enjoyment of various other fundamental rights in the specific context of the ongoing lockdown. Restricted internetspeeds 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,” it said.