From Our Bureau
NEW DELHI: The Supreme Court on Monday issue notice to the Centre and the J&K administration on a petition for removing restrictions on internet access in Jammu and Kashmir and restoration of 4G mobile internet services in the remining 18 ditricts of the union territories.
A Bench of Justices B R Gavai and B V Nagarathna was hearing a petition of J&K Private School Association, representing over 3,800 member schools in the territory, claiming ongoing grave violation of the fundamental right to education of the students.
It said: “The respondents have continued to slow down the mobile internet speed to 2G even as the Covid-19 pandemic necessitated a shoft to online schooling, resulting in a digital apartheid in access to education.”
The petition said the restrictions on internet have developed an indefinite and permanent character, contining for over 500 days, making the longest ever internet shutdown in any democracy by far.
“Such prolonged use of the extraordinary power to disrupt internet services for the entire population of a region is also violative of this Hon’ble Court’s judgement in Anuradha Bhasin v. Union of India, 2020 3 SCC 637, where it was categorically held that internet suspensions are permissible for limited periods only and the State cannot indefinitely suspend internet services,” the plea said.
The petition challened the J&K administration’s order of November 11, 2020 and other orders restricting the internet speed for mobile data services to 2G in 18 out of 20 district and said that such decision is violative of Articles 14, 19, 21 of the Constitution of India.
The Petitioner additionally seeks directions from the top Court for the restoration of 4G mobile internet in Jammu & Kashmir, in line with the rest of the country.
It pointed out that students of Jammu and Kashmir are unable to continue their edcuation through video conferencing tools such as Google Classrooms or Zoom because they do not work on 2G spectrum.
“Education cannot be imparted to students through TV or radio broadcast because such one-way communication does not allow students to interact with their teachers and clarify their doubts. Similarly, many subjects such as Maths, Science or Geography cannot be taught through audio lectures without
visual aids.
“Students in Jammu & Kashmir are already at a disadvantage due to prolonged school closures after 05.08.2019 and they are deeply anguished by the prospects of being left behind while students in other parts of the country continue their education. Further, teachers and parents in Jammu & Kashmir are in a state of despair about discontinuation of education in the region and its impact on the mental health of students.”
The petition said 4G network was restored only in two districts of Ganderbal in Kashmir Division and Udhampur in Jammu Division, and not in 18 other districts.
The petitioner sought an appropriate remedy to declare the Order issued by J&K administration dated 11.12.2020, or any subsequent similar orders, as being illegal, unconstitutional, violative of Articles 14, 19. 21, and 21A of the Constitution of India and thus, void.
