Plea filed in Supreme Court to restore 4G speed for mobile data services in Jammu & Kashmir

A petition has been filed in the Supreme Court seeking directions to the authorities in the Union Territory of Jammu & Kashmir to restore 4G internet speed in mobile data services..The petitioner organization, Foundation for Media Professionals, has prayed for the restoration of 4G internet speed for mobile internet services in light of the Coronavirus outbreak..The authorities had earlier passed an order to restrict the internet speed in the Union Territory to only 2G. The petition challenges this order being in violation of Articles 14, 19, 21, and 21A of the Constitution of India. .This government order was passed as a way of restoring internet facilities in Jammu & Kashmir after the decision to abrogate Article 370.After the region's status was changed and it was bifurcated into two Union Territories, all modes of communication remained suspended and were partially and gradually restored. It was only recently that mobile internet services, albeit restricted to 2G speed, were restored in J&K..At a time like this when there is a spread of a global pandemic and the nation has been locked down in order to contain the contagion, granting limited access to internet facilities by restricting the speed to only 2G in J&K is unreasonable, the petition states.."A combination of the advent of COVID-19 and the accompanying lock-down has created a situation where the right to health, for its effective fulfilment, is dependent on the availability of an effective and speedy internet."Petition filed in Supreme Court.With limited and restricted access to the internet by allowing only 2G speed in the UT, patients and doctors are unable to access latest information, advisories, and guidelines, the petition contends. The petition further adds,."Various public health practitioners, medical professionals, and doctors have repeatedly expressed their concern about wasting precious time trying to download the latest studies, protocols, manuals and advisories on treatment and management of COVID 19. In some cases, doctors are not able to access these resources at all, due to the internet speed being too slow to download heavy files.".With outdated digital infrastructure such as 2G internet access, facilities such as telemedicine and online consultation, which are otherwise necessary at a time when social distancing is required to be observed, are impossible, it is contended..The petition goes on to point out that the prayer for restoration of 4G services does not stipulate creation of any new infrastructure..Stating that "effective and speedy internet is an indispensable tool in the struggle against the COVID-19 epidemic", the petitioner also adds that the right to internet has been recognized by the Government of India itself as an essential service. Restricted internet access is directly impacting the lives of the residents of Jammu & Kashmir, the plea states..It is argued that with 2G internet in place, schools are unable to impart education online, and employees are unable to work from home. Moreover,."Even access to justice has been affected, since many people may be unable to approach the Hon’ble Jammu & Kashmir High Court through virtual modes of communication/video conference facilities for urgent relief, without fixed line internet connectivity."The petition adds.The restriction of internet speed to 2G also fails the proportionality test, as it is a disproportionate restriction on fundamental rights, the plea goes on to state. On these grounds and others, it is argued that the order restricting internet speed is unjustified..This petition is filed by Advocate Shadan Farasat.