Prasad cites SC ruling, justifies internet curbs in J&K

While the right of the Internet is important, the security of the country is equally important...can we deny that Internet...is abused by terrorists... RS PRASAD, Union minister

NEW DELHI: Union minister Ravi Shankar Prasad on Thursday cited legal provisions that allow reasonable restrictions on the Internet use to defend the communications blockade imposed in Jammu and Kashmir in August even as he said views expressed through the Internet are part of the fundamental right to speech and expression.

“While the right of the Internet is important, the security of the country is equally important... Can we deny that Internet...is abused by terrorists...for violence and there have been attempts to create unrest in Kashmir from across the border through the Internet,” Prasad said in Parliament’s upper House or Rajya Sabha.

He was responding to Shiv Sena lawmaker Rajkumar Dhoot’s question on whether the Supreme Court has declared the right to the internet a fundamental right and supplementary questions raised by several Opposition members over the Internet blackout in Jammu and Kashmir.

A communications blackout and a lockdown were imposed in Jammu and Kashmir in August when Constitution’s Article 370 was nullified to strip the region of its special status. Most of the restrictions have since been relaxed but access to the Internet remains restricted.

Prasad cited the Supreme Court’s ruling in January declaring the access to the internet a fundamental right by extension on a bunch of petitions against telecommunications blackout in Jammu and Kashmir.

“The Supreme Court has clearly stated that no lawyer argued that right to the Internet is a fundamental right...this kind of misconception needs to be corrected. What the Supreme Court has stated is that for communication of your ideas and views, the use of the Internet will also be held a part of your fundamental right of speech and expression.”

He added the Constitution’s Article 19 (2) allows reasonable restrictions on all fundamental rights.

In response to Congress lawmaker Amee Yajnik question on whether the government has a specific policy for banning Internet services, Prasad said if they are used for anti-india activities, there will be consequences.

Prasad said the government has allowed 783 websites to function in the Kashmir Valley in response to Congress leader Ghulam Nabi Azad’s question on whether the government has made an assessment of the losses due to the internet ban

As per government data, Internet restrictions ranging from a few hours to several months were imposed over 700 times since 2017. An official said such restrictions have been imposed in 22 states, including Maharashtra, Madhya Pradesh and West Bengal.