Thread by @NetShutdowns: "Please find our statement on the Kashmir Communication Blockade Judgement pronounced by the Supreme Court today. We will continue our good [...]" #internetshutdowns #letthenetwork #shutdown #shutdowns
http://SFLC.in welcomes the judgment pronounced today by the Supreme Court in Anuradha Bhasin v Union Of India wherein the Court has directed that #shutdown orders must adhere to the principle of proportionality and must be temporary in nature. (1/8) #LetTheNetWork
In the present age, Internet is a medium that is necessary for citizens to meaningfully exercise their fundamental right to freedom of speech and expression, right to education and right to life. (2/8) #LetTheNetWork
http://SFLC.in has argued for considering right to internet access as a fundamental right and the HC of Kerala had upheld this in Faheema Shirin v State of Kerala while holding that right to access internet is a part of right to education and right to privacy. (3/8)
The SC has recognized that the right to freedom of speech and expression and the right to carry on any trade or business under Article 19 using the medium of internet is constitutionally protected. This would make it easier to challenge #shutdown orders in future. (4/8)
The Court also emphasized on the need for transparency and has mandated that shutdown orders need to be published. Most of the applications under the RTI Act filed by http://SFLC.in for obtaining shutdown orders were rejected citing national security as a reason. (5/8)
Publishing #shutdown orders could enable citizens to approach High Courts to challenge these orders. (6/8) #LetTheNetWork
The direction to have reviews of suspension orders every 7 days could place a check on long #shutdowns. However, the fact that the review committee is also composed of members exclusively from the executive could make this a futile exercise. (7/8) #LetTheNetWork
The judgment has not given any immediate relief to the people in Kashmir affected by the #shutdown, we hope that the Internet blockade in Kashmir will be lifted at the earliest based on the law laid down in the judgment. (8/8) #LetTheNetWork
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