Yes, you read it right! ‘2G Fundamental Rights.’ Because fundamental rights in Jammu and Kashmir works like 2G services, so slow and works according to the whims and fancies of the authorities, and that they cannot come to your help when you need them the most; the same way 2G stops working when you need the internet the most. The irony is that internet service in Jammu and Kashmir is 2G.
It is really sad to have to demand 4G internet services in 2020 when the rest of the world is shifting towards 5G. We all know the importance of the internet in our day-to-day life. It has almost become an inevitable part of our daily lives. There is a paradigm shift in the way education is perceived. Today, almost every student carries their books and other study material on their mobile phone only. The days are gone when students used to spend hours in libraries to search for something in those bulky books. Now, everything is available on the click of a button, not one but thousands of opinions and researches are available on the internet.
But how does this 4G works? We have really forgotten the essence of 4G in the Union Territory of Jammu and Kashmir since August 5, 2019. Now we are neither able to go to regular schools due to the imposition of Section 144 IPC almost every day in the territory nor able to study on the internet because everyone knows about the 2G service.
It is like a nightmare and no one wants to experience it, and when educational institutions were about to function normally, the Coronavirus (COVID-19) outbreak has added fuel to the fire. When the student community all around the world is taking classes on Zoom and other online platforms, the students in Jammu and Kashmir are still waiting for the restoration of 4G internet services. This directly violates our Right to Education, which is a Fundamental Right guaranteed by our Constitution.
It is hard for the students of Jammu and Kashmir to believe that Fundamental Rights exist in India because we have never experienced them and that we have been betrayed so many times while testing their existence. It seems like the Right to Education, Right to Equality, Right to Life, Right to Freedom of Speech and expression are not applicable to the Union Territory of Jammu and Kashmir. While rest of India, and the world, are moving towards 5G, here in Jammu and Kashmir, we are struggling for 4G.
Supreme Court stated that Right to Life includes the Right to Information, and the Kerela High Court, in Faheema Shirin v. State of Kerela, held that Access to the Internet is part of Right to Education and Privacy. The ruling was given by Justice PV Asha, after considering a petition (WP-C NO. 19716/2019) filed by Faheema Shirin. The Court held that the Right to have access to the Internet becomes part of Right to Education as well as Right to Privacy under Article 21 of the Constitution of India. The court also noted that enabling students to access the internet would enhance their opportunities to acquire knowledge as well as the quality of Education.
In the absence of such internet services in Jammu and Kashmir, how can we expect the students from the territory to have quality education? We are still dependent on traditional methods. In the lockdown due to the COVID-19 outbreak, the student community from around the world is making full use of the internet by attending online classes and pursuing online courses of their choice.
Students are even enhancing their skills and knowledge not only in their fields but in other fields also. They are learning new skills, attending webinars and taking online classes for competitive examinations, and we are waiting for the headlines to read ‘4G internet services restored in Jammu and Kashmir‘.
When the students from rest of the country are preparing themselves for the best, we are accommodating for the worst. How can our government expect us to sit in the competitive examinations at par with other students? How can they expect us to be patient by snatching all our rights? What does Right to Equality mean then?
The Honorable Supreme Court, in January 2020, declared access to the internet a Fundamental Right and that a government cannot deprive the Citizens of fundamental Rights except under certain conditions explicitly mentioned in the Constitution. The Supreme Court ruling is also in sync with the United Nations Recommendation that every Country should make access to Internet a Fundamental Right.
A study published in the Journal of Applied Philosophy by Dr Mertin Reglitz, Lecturer in Global Ethics at the University of Birmingham, made the case that Internet access is an essential part of keeping those in power accountable. In 2016, a report from the Human Rights Council of the United Nations General assembly declared access to the Internet to be a Basic Human Right, integral to allowing individuals to exercise their Right to Freedom of Opinion and Expression.
When there is so much provided in theory then why is our government failing in practicality? Why are students being forced to adopt illegal means to get their rights back? Why is our government incapable of handling the situation in the presence of the internet and when the situation is such, why is our government making such an approach? Why is our existence not worth it? After all, we all are human beings and are entitled to basic human rights, and we are not meant to be bound in virtual chains.
Silence and patience also have their limits, and when they are crossed the whole system gets disturbed. The territory is yet to experience the power of the student community. The rights of tomorrow’s leaders are being curbed. The files demanding such rights are piled up in the Supreme Court and the decision is being extended for seemingly an infinite period.
So, it is a request To Whomsoever It May Concern to restore the 4G services at the earliest before the faith and trust in the judiciary is broken again, and that we have yet to experience the sudden rise of student leaders.