Critically evaluate the Violation of rights and available remedies when internet is banned by the government on the ground of security , with specially emphasising on situation in J&K ( 250 words )

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Goverment imposed indefinite shutdown on internet services in the erstwhile state of J & K after it was bifurcated into two union territories and withdrew its special status.

It raised the following concerns about violation of the rights:

1. Right to free speech and expression : It violates Fundamental right under 19 since right to access internet is inherent to freedom of expression especially , media could not report due to shutdown violating freedom of 'press’.

2. Right to life and personal liberty : Internet shut down cause economic losses, People could not work from home depriving " Right to livlihood ".

3. It deprived them of " Right to health " as the doctors can not access latest information and treatment about COVID-19.

4. “Right to education " - students cannot access internet to continue their studies during lock down.

Government's arguements:

1. Security of the State - It was imposed to curb the misuse of internet by insurgents and terrorist to incite violence in the state .

2. Alternate routes - Government has ensured sufficient support and information to doctors , students.

3. Exceptions - constitution provides security of the nation as a exception to Freedom of speech and expression.

Remedies:

Anuradha Bhasin V/s union of India- Supreme court held that such shutdown should be for a properly defined period.

Court directed review committee under Temporary suspension of Telecom service Rules 2017 to review the decision in every 7 days .

 Order must pass the test of proportionality. Government must identify the exact stage of public emergency before shutting down the internet .

To maintain the balance between the security and rights a comprehensive legislation to deal with grounds and process of internet service shutdown in should be enacted. Realising that internet has now become an integral part of Person's life and economy as well these rights must be upheld and the court should not practice judicial evasion as it could undermine faith in Judiciary.