Right To Internet, Quashing Of Illegal Phone Tapping & More : Best Of 2019 HC Judgments

In 2019, there were some notable High Court judgments. Among them were judgments which upheld new facets of civil liberties such as right to internet, right to marriage of a transgender person, right to personhood of asylum seeker etc.There were also judgments which reflected the judicial system's willingness to self-correct, such as the Calcutta HC's order imposing costs on itself for a wrongful disciplinary action, Karnataka HC's order for action against Magistrate for illegal remand and Chhattisgarh HC's order for correction of errors in judicial service examination.Here is a list of 20 notable HC judgments of 2019 (in no particular order).1. Right to access internet part of right to privacy and right to education : Kerala HCThe High Court of Kerala declared right to access internet to be a fundamental right as part of right to privacy and right to education.The declaration was given by a single bench of Justice P V Asha while allowing a petition filed by a student challenging restrictions on usage of mobile phones in a girls' hostel. "When 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 Court said in the case Faheema Shirin v State of Kerala.2. 'Ends would not justify means' : Phone tapping orders quashed as illegal by Bombay HCThe Bombay High Court quashed orders issued by the Union Home Ministry for intercepting the phone conversations of a businessman as illegal. The Court said that phone tapping orders under the Telegraph Act can be issued only in cases of 'public emergency or in the interests of public safety'."To declare that de hors the fundamental rights, in the administration of criminal law, the ends would justify the means would amount to declaring the Government authorities may violate any directions of the Supreme Court or mandatory statutory rules in order to secure evidence against the citizens. It would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by the Apex Court", observed the bench of Justice Ranjit More and Justice NJ Jamadar in the case Vinit Kumar v CBI.3. Criminalization of beggary held unconstitutional : J&K HCIn a significant judgment, the Jammu and Kashmir High Court declared criminalization of beggary to be unconstitutional and struck down the provisions of the Jammu &Kashmir Prevention of Beggary Act, 1960 and the Jammu & Kashmir Prevention of Beggary Rules, 1964. "Criminalization of begging is the outcome of extremely prejudiced social constructs of presumption of criminality against the poor and baseless stereotypes, in ignorance of the extreme exclusion and disadvantages faced by the poor who are struggling to survive. The criminalization of begging which makes poverty an offence, is intended to remove poor people from public spaces, deprive them of the Constitutional guarantees of inclusiveness and pluralism and results in further deprivation to them", observed the judgment given by a bench comprising Chief Justice Gita Mittal and Justice Rajesh Bindal in the case Suhail Rashid Bhat v State of J&K and others.4. Transwoman a 'bride' under Hindu Marriage Act : Madras HCIn a notable judgment, the Madurai Bench of Madras High Court directed the authorities to register a marriage solemnized between a man and a transwoman holding that a transwoman is a 'bride' as per Section 5 of the Hindu Marriage Act 1956.Justice G R Swaminathan observed in the case Arunkumar & anr v The Inspector General of Registration that "gender identity falls within the domain of her personal autonomy and involves her right to privacy and dignity. It is not for the State authorities to question this self determination of the second petitioner herein".5. Gauhati HC's order for restoration of mobile internet which was shut down over CAA protestsObserving that shutdown of mobile internet services will bring life to a grinding halt, the Gauhati High Court recently ordered the Assam government to restore mobile internet services, which were disconnected in the wake of CAA protests.The interim order was passed by a bench comprising Chief Justice Ajai Lamba and Justice Achintya Malla Bujor Barua in PILs filed by Advocate Banashree Gogoi, Deva Kanya Doley and journalist Ajit Bhuyan.6. 'Girls have equal freedom as boys' : Kerala HC striking down gender discriminatory hostel rules"A girl is having equal freedom similar to a boy", said the High Court of Kerala while striking down a stipulation in Hostel Rules which barred girl boarders from going for the first and second show movies."It appears that moral choice of the management is attempted to be imposed upon the Boarders. The moral paternalism is something to be frowned upon. A girl is having equal freedom similar to a boy. There are no...

Right To Internet, Quashing Of Illegal Phone Tapping & More : Best Of 2019 HC Judgments

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