Important Judgment Reported Today on Right to Access Internet is a Fundamental Right Amaresh Patel LANDMARK JUDGMENT Thu, Sep 19, 2019, at ,09:15 PM Title of the Case – Right to Access Internet is a Fundamental Right Name of the case – Faheema Shirin. R.K. vs. State of Kerala, W.P. (C) No. 19716 of 2019 (Kerala Court) Date of Judgment – 19th Sept, 2019 Judges: Justice P.V. Asha Subject and sections involved – Article 21 of the Constitution of India Issue: Whether rule made by University of Calicut on imposing ban on use of mobile phones and laptop during 6 pm to 6 am is against Fundamental Right enshrined under Constitution of India? Whether use of Internet is Fundamental Right under Right to Education enshrined under Article 21-A of the Constitution of India. Fact of the Case: A 3rd Semester B.A. Student, Faheema Shirin, of Sree Narayanaguru College, Chelanmur, Kerala were expelled from her hostel because she refused to abide by the rule that the hostelers were not allowed to use their mobile phone or laptop from 6 pm to 6 am. Ratio of the case The Kerala High Court condemn the rule of University of Calicut that inmates are bound to abide by the rule of not using mobile phones or laptop during 6 pm to 6 am or else they are free to leave the hostel, and held that right to access internet is a fundamental right forming part of right to privacy under Article 21 of the Constitution of India. It is also a part of Right to Education. Further, in regard to the misuse of internet by youngsters, it was held that what is required is a counselling for the students, as well as parents in the colleges. The students in the hostels should be given counselling in order to inculcate in them self restraint in the usage of mobile phones, to make them capable of choosing the right path, to make them aware of the consequence of misuse as well as advantage of its proper use. It should be left to the students to choose the time for using mobile phone. The only restriction that can be imposed is that they should not cause any disturbance to other students. While acting in exercise of right to privacy, persons like the petitioner shall also see that such exercise does not invade the right to privacy of another student residing in the hostel especially in her room. Right to Privacy and Moral Inspection Noting the Apex Court Judgment in Anuj Garg v. Hostel Association of India, (2008) 3 SCC 1 wherein it was held that Parens patriae power is subject to constitutional challenge on the ground of right to privacy also. Young men and women know what would be the best offer for them in the service sector. In the age of internet, they would know all pros and cons of a profession. It is their life; subject to constitutional, statutory and social interdicts— a citizen of India should be allowed to live her life on her own terms, the court observed that moral inspection is subject to right to privacy provided under constitution of India.