In Faheema Shirin.R.K vs State Of Kerala on 19 September, 2019, the Kerala High Court held that the principal of a college is the supreme authority to enforce discipline and teachers are like foster parents who cultivate and guide the students in their pursuit of education for maintaining excellence of education. So they have the authority to supervise whether any distraction or disturbance is caused to other students on account of usage of mobile phone or take action when any such complaint is received. But a total restriction on the use of Mobile Phone and directions to surrender the mobile phones is ABSOLUTELY UNWARRANTED. The Human Rights Council of the United Nations have found that right to access to Internet is a fundamental freedom and a tool to ensure right to education, a rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.
The right to have access to Internet becomes a part of right to education as well as right to privacy under Article 21 of the Constitution of India. Since internet is a medium of expansive connectivity and it plays a major role in “Right to Know” which includes a freedom of expression it has to be considered as a basic right.
Madras High Court in Adithya Modi vs 4 Prasar Bharti on 13.01.2020 discussed various points relevant to the internet and its usage for education.
It was argued that Mr. Vinton G. Cerf who was one of the fathers of the internet has defined internet as a facilitator. So internet is very important for humans but at the same time it cannot be elevated to the status of Fundamental Rights. Even in the New York Times published on 4th January 2012 it was said that internet is an enabler of rights and not a right in and of by itself. So internet cannot be placed at an exalted category of Human Rights which include Freedom of Speech, conscience, equality, education, etc. The right to carry on any trade or business under 19(1)(g), using the medium of internet is constitutionally protected but internet cannot be accepted as a Fundamental right as itself.
