Lack Of 4G Net Affecting Health Services & Online Education In J&K, Submit Petitioners; SC Reserves Orders

The Supreme Court on Monday reserved orders on the petitions seeking restoration of 4G internet speed in Jammu and Kashmir, particularly to enable access to health services and online education during COVID-19 lockdown.A bench comprising Justices N V Ramana, Surya Kant and B R Gavai heard the the petitions file by 'Foundation of Media Professionals', 'Private Schools Association of J&K' and Soayib Qureshi via video conferencing.Senior Advocate Huzefa Ahmadi, appearing for Foundation of Media Professionals, submitted that doctors are finding it difficult to function effectively in the absence of 4G speed.He highlighted that there are 701 cases of COVID-19 & 8 deaths in the region. When the petition was filed there were 33 cases, and the infections have escalated. Doctors need high speed net for accessing latest updates on COVID-19, and for online consultation with patients."Right to access for doctors is inherent under Article 21. Deprivation of fundamental rights has to be judged in light of the fact that theres a #pandemic & restrictions have been placed on people to access a doctor and on children to access a school" - Ahmadi#JammuAndKashmir— Live Law (@LiveLawIndia) May 4, 2020"If you want to see a YouTube video, consult a doctor, even if you want to access the court through the VidYo app for an SC hearing, you require a 4G network connection", he stressed. Even the 'Aarogya Setu' app will not work on 2G speed, he said.When the bench posed a query regarding the need to account for security concerns raised by the State, Ahmadi replied that the during the times of pandemic, the fundamental right to access health care should also be given importance.Seeking to rebut the government's claims that high speed net will lead to terrorism, Ahmadi submitted that most cases of terrorism happened in the region when there was no internet at all. The State has not shown any nexus between 4G and terrorism."It's for the government to explain how internet restriction is justified. Court cannot mechanically defer to the government's statement that the restriction is justified. Bald statements that healthcare and access to information have not been effected are unfounded.", he submitted.Senior Advocate Salman Kurshid, appearing for Private Schools Association of J&K, submitted that the speed restrictions have affected online education."Private schools are under government directions to provide education via Video-conferencing. We have obligation under Right to Education Act to provide education", he submitted.The Court also heard Advocate Soayib Qureshi, who appeared as party-in-person and submitted that the speed restrictions violated the principles of reasonableness and proportionality discussed by the SC in the Anuradha Bhasin case.Attorney General K K Venugopal, appearing for Central Government, defended the speed restrictions as a necessary measure to control terrorism in the region."There are good reasons why only fixed line internet was permitted (in J&K). With that, we can keep check on who is giving information and disseminating terrorist propaganda.", he said."Pleas have to be examined against larger public interest of national security. If they say they cannot access hospital/medical information. I'm proceeding with the assumption that claim to FR violation is Justified. However, national security is paramount": AG#JammuAndKashmir— Live Law (@LiveLawIndia) May 4, 2020AG stressed that it was a "policy decision" of the Government, in which the Court should not interfere.Solicitor General Tushar Mehta, appearing for J&K administration, submitted that health services are working in J&K even with the speed restrictions.The SG also said that there was no information of anyone dying of COVID-19 because of lack of internet access."There are other areas in the country where there is either no internet or only 2G is available. There is no information of someone dying of COVID19 because they didn't have internet access!", the SG submitted.The SG added that while landlines can be traced, mobile phones could be easily thrown away after being used for "anti-national" activities.SG Tushar Mehta: "There are other areas in the country [apart from #JammuAndKashmir] where there is either no internet or only 2G is available. There is no information of someone dying of #COVID19 because they didn't have #internet access!"— Live Law (@LiveLawIndia) May 4, 2020In rejoinder, Senior Advocate Ahmadi submitted that the J&K administration has not carried out "periodic review" of the internet restrictions as mandated by the Anuradha Bhasin judgment."I have repeatedly pointed out why 2G network is not enough for an interactive class. It is a matter of elementary knowledge that 2G can't be used for video", Ahmadi submitted in rejoinder."Practically, one can't download because the application "gets timed out" on a 2G network. It makes no sense for a student trying to study on it", he added.He further submitted that the secondary schools...

Lack Of 4G Net Affecting Health Services & Online Education In J&K, Submit Petitioners; SC Reserves Orders

Sanya Talwar

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