Kerala High Court has declared right to access the internet a fundamental right forming part of right to privacy under Article 21 of the Indian Constitution. It has further held it to be a part of right to education.

The Court held the same while allowing a writ petition filed by a student challenging restriction on the usage of mobile phones in a girl’s hostel. The restriction had hampered their studies, rendering them deprived of access to information. The decision came in the light of similar understanding upheld by the Human Rights Council of the United Nations. The Court also accepted the contention of violation of fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The Court found no nexus between the restriction and the same being in the alleged interests of the students’ discipline.

Earlier, the Kerala state government had recognised right to internet as a human right in 2017. (Faheema Shirin R. K. v. the State of Kerala and ors. [W.P. (C) No. 19716 of 2019 (L)], order dated 19 September 2019)