Indian apex court issues significant ruling on Internet

By Riyaz ul Khaliq

ANKARA (AA) – The Indian Supreme Court on Friday described freedom of speech and access to the Internet, as fundamental rights protected under the Constitution while directing the government to immediately review curb orders imposed in Indian-administered Kashmir.

Soon after India banned the use of Internet and phone facilities in the region Aug. 4, a day ahead it scrapped autonomy of the region, Anuradha Bhasin, executive editor of the English language daily, Kashmir Times approached the apex court, seeking relaxation of curbs.

The communication blockade hit the media industry below the belt. In an exclusive interview with Anadolu Agency, Bhasin, 52, said the apex court not only declared access to the Internet a fundamental right but told the government to bring in public domain reasons for using arbitrary powers and then there has to be valid reasons for shutting off communication networks.

AA: What made you challenge the communications blockade in Jammu and Kashmir?

Anuradha Basin (AB): We in media faced challenges in the region past 30 years, because of the conflicts, in terms of finances, circulation, physical intimidation and threats. But this communication blockade was something unprecedented and new. And this was extremely disproportionate.

There was no direct physical intimidation, at that point when I approached the court. Our office is headquartered in Jammu and we have an office in Srinagar. For days, I had no communication with the staff working in the Srinagar office. I was also worried about their safety. No landline of mobile phones was working. There was no Internet. About 7 million people of the Kashmir Valley and 3 million more from the five districts in the Jammu region were made helpless. Blocking communication in the 21st century is the biggest punishment and violation of human rights.

So, as media persons, grappling with this vital question of what we were doing as media persons when a majority population had suddenly been pushed behind the screen, I decided to knock doors of the court.

AA: What was the petition about? What did you seek from the Supreme Court?

AB: The petition was about challenging the curbs on the media by imposing communication curbs. There was a curfew-like situation across Jammu and Kashmir. I told the court that Article 19(1A) guaranteeing freedom of expression of the Indian Constitution was being violated.

-Significance of declaring Internet fundamental right

AA: As you mentioned the Supreme Court has declared access to the internet as a fundamental right. What does it mean, especially for the people of Jammu and Kashmir?

AB: Right now, there is no immediate relief but the Supreme Court verdict is significant in many ways because it lays down some very important principles. It has laid down that the right to access the internet is a fundamental right and cannot be violated.

It says that the government cannot use arbitrary power to impose curbs and restrictions on people for a prolonged period.

It says arbitrary powers cannot be used without placing in the public domain valid reason for why these restrictions have been imposed.

And these are very important principles and will have a significant impact in the future.

However, immediately, there is no relief for people and media in Jammu and Kashmir. The government has been asked to review the bans that have been imposed in a week.

Though we hope that the government will act and to subvert the spirit of the verdict. But it remains to be seen, maybe in another week or 10 days.

AA: Since you are associated with media business, how has Kashmir media operated and faced challenges during the past five months of communication blockade?

AB: Media industry has aced immense challenges since Aug. 5, 2019. It has been hit financially, circulations are down. We were unable to operate because restrictions were put on vital tools like communication. You cannot imagine the working of media these days, without tools of communication.

Our ability to operate had been taken away. We were provided an interim arrangement of limited connectivity through a government-facilitated media center where everybody's work is under complete surveillance.

And this kind of situation has an element of fear, in the minds of the journalists. When they are unable to operate freely, it impacts the content appearing in the newspapers.

Many (news) websites are not there, web portals are not working. So, the media which is currently operating is not operating in a free atmosphere.