The Kerala High Court, in Faheema Shirin V. The State of Kerala case, in 2019 declared the right to Internet access as a fundamental right forming a part of the right to privacy and the right to education under Article ..................... of the Constitution.

The correct answer is - 21

Key Points

• Right to Internet Access as a Fundamental Right
  • The Kerala High Court, in the Faheema Shirin V. The State of Kerala case (2019), recognized the right to Internet access as a fundamental right.
  • This right was interpreted under Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal Liberty.
  • The judgment emphasized that access to the Internet is integral to the right to education and the right to privacy, both of which are protected under Article 21.
• Significance of Article 21
  • Article 21 of the Indian Constitution guarantees that no person shall be deprived of their life or personal liberty except according to a procedure established by law.
  • It is one of the most widely interpreted articles by Indian courts, covering rights such as privacy, education, livelihood, and digital access.

Additional Information

• Context of the Faheema Shirin Case
  • The case arose when a college hostel in Kerala restricted female students from using mobile phones during specific hours.
  • The petitioner argued that this restriction violated her right to access the Internet, which is essential for her education and personal development.
  • The court ruled in her favor, stating that such restrictions are unreasonable and infringe on her constitutional rights.
• Right to Privacy under Article 21
  • The landmark Puttaswamy judgment (2017) of the Supreme Court declared the right to privacy as a fundamental right under Article 21.
  • In the Faheema Shirin case, the court aligned the right to Internet access with the right to privacy, underscoring its importance in the digital age.
• Right to Education under Article 21
  • Article 21A of the Constitution explicitly provides for the Right to Free and Compulsory Education for children aged 6 to 14 years.
  • In this case, the Kerala High Court expanded the scope of the right to education to include Internet access, as it is crucial for modern learning and development.