GOVERNING VIRTUAL SPACE: ANALYSING INTERNET ACCESS AS A HUMAN RIGHT IN THE AGE OF INFORMATION

Abstract

The balance between state powers and rights of citizens is a symbol of democracy, however we often see that the liberty of a person and the security of the country are at loggerheads and this fight is put before the Apex Court for Constitutional Adjudication. Inequality in India, specifically in terms of wealth, opportunities and access is increasing on a regular basis. One of the tools used by the state to combat this is Digital India, where tech and internet is used as a tool to improve and supplement government efforts in reducing this inequality. The private sector has also participated, benefited from and created benefits due to this ongoing digital revolution. However, for those that are left out of this revolution, existing inequalities are exacerbated and there is a risk of them being denied the benefits of digitization and internet access. Access to the internet affects the lived realities of individuals and communities in multiple ways, across themes such as education, economic development, political participation, health, social discourse and many more. With this context, it becomes important to question whether a specific right to internet can exist, and if it does, where it would be placed within human rights jurisprudence and the Indian constitutional structure. This paper seeks to answer this questions and suggest a pathway for taking this discussion forward. I have attempted to define the landscape around this in India, by looking at the current status of internet access, government schemes for the same, the effects of deprivation of internet access, judicial decisions which can provide a suggested pathway for looking at this question and mapping the scenario for the right to internet access from an international perspective. I have looked at court cases, research papers, studies and legislation to suggest a framework for the right to internet access as a human right within the Indian constitution, how such a right can be defined, and how this would affect the role of the state in this issue.