Education in J&K pushed to Dark Ages after Govt order on restricting Internet Speed to 2G: Plea in SC by a J&K School Body

An association of more than 2,200 schools across Jammu and Kashmir, has moved the Supreme Court challenging the government orders restricting the internet speed to 2G, compared to the 4G internet across other parts of India, as being violative of their fundamental right to education, especially since the lockdown for containing COVID-19 has led to home-bound virtual classes..The plea filed by the 'Private Schools Association J&K', through advocates Soayib Qureshi and Charu Ambwani states that “internet” is now a “medium of imparting education,” especially after the nationwide lockdown was announced by Prime Minister Narendra Modi. The plea goes on to detail how the slow internet speed was proving to be an obstacle for students in Jammu & Kashmir..“Right to Education is the most important of the fundamental rights guaranteed by the Constitution of India which is further empowered by the right to use the Internet as a medium of gaining, obtaining and dissemination of knowledge. Internet as a medium of imparting education, through online courses and classes has become imperative in the present times when the Union Territory of Jammu and Kashmir continues to be under severe restrictions,” states the plea..The plea further elaborates on how during the lockdown, owing to the 2G speed, the dissemination of information is becoming impossible..“In the present times, further due to the COVID-19 issue and the complete lockdown directed by the Hon’ble Prime Minister, due to the restriction on the internet speed, the dissemination of information has become impossible. In this regard, the Petitioner has appealed to the Respondent, however, despite requests, Respondent has continued to impose restrictions which are not only unreasonable, but completely unwarranted", the plea states..Challenging the government orders imposing internet speed restrictions, the plea states that such orders are “without material basis.”.“(The) Government has wrongly and without any material basis submitted in its Orders that the restriction has not impacted online classes. This has pushed the education sector in the Union Territory of Jammu and Kashmir in dark ages by restricting the use of internet which has not only impacted imparting of online education, but also hampered business activities."Petitioner.Earlier this week, on Thursday, the top Court had heard another plea seeking to revoke the internet speed restrictions in the valley by the Foundation for Media Professionals. The Court has issued notice to the J&K government on the plea returnable after two weeks..Supreme Court issues notice in plea to restore 4G speed for mobile data services in Jammu & Kashmir.The current petition has challenged the internet restriction orders on five grounds:The speed restriction orders have imposed restrictions which are not only unreasonable, but also violate the rights guaranteed by the constitution of India. The orders do not disclose any reasons, suffer from non-application of mind and are manifestly arbitrary and hence liable to be set aside.The speed restriction orders infringe upon the rights of students to get education and also infringe the right of the members of the Petitioner to carry on its business and professional activities in the present times. The restriction on the speed has a delirious effect on imparting of online education, research activities carried on by professionals, entertainment and communication for the general public.The speed restriction orders are without the authority of law having been passed without complying with law laid down by this Hon’ble Court in the case of Anuradha Bhasin v. Union of India decided on January 10, 2020. Further, the speed restriction orders fail the test of proportionality as laid down by the Hon’ble Supreme Court in the case of Anuradha Bhasin v. Union of India read with Justice K.S Puttuswamy v. Union of India.The restriction on speed amounts to suspending internet for eternity and renders the right nugatory as 2G is an outdated technology.The imposition of restriction on internet speed amounts to virtually denying the inhabitants of Union Territory of Jammu and Kashmir the right to Internet which has been accepted by this Hon’ble Supreme Court of India in Anuradha Bhasin v. Union of India to be Constitutionally protected.