facts

A 3rd semester B.A student of Sree Narayanaguru College, Chelannur, Kozhikode,

has filed this Writ Petition aggrieved by her expulsion from the hostel. It is stated that
the inmates of the hostel were not allowed to use their mobile phone from 10 p.m to 6
a.m within the hostel and that undergraduate students were not allowed to use laptop
also in the hostel. The petitioner claims that though she, along with other inmates of
the hostel, met the Deputy Warden. he Deputy Warden or the matron did not respond.
The petitioner claims that she thereupon approached the Principal and submitted
letter requesting to relax the restrictions.

She wrote a letter to the authorities that she was not willing to abide by the new rule
restricting usage of phone between 6 p.m to 10 p.m and was therefore informed that
she has to vacate the hostel as she refused to abide by the rules. when the petitioner
reached the hostel on 15.7.2019 to vacate her room, it was seen locked and the hostel
authorities did not allow her to take her belongings.

Major claims of petitioner

 restrictions are imposed only in the girls hostel and therefore it amounts to
discrimination based on gender, in violation of Clause 5 of Ext.P8 guidelines issued
by UGC, which prohibits gender discrimination.

It is also stated that such restrictions amount to violation of the principles embodied in
the Conventions on Elimination of All Forms of Discrimination against Women, 1979
("CEDAW") and the Beijing Declaration along with Universal Declaration of Human
Rights under which State parties are to take appropriate measures to prevent
discrimination of all forms against women.

It is claimed that the right to access internet forms a part of freedom of speech and
expression guaranteed under Article 19(1)(a) and the restrictions imposed do not come
within reasonable restrictions covered by Article 19(2) of the Constitution of India.

Referring to the Information Technology Policy of the Government for the year 2017,
it is stated that the State Government is adopting mobile first approach for e-
governance services in line to Digital Kerala Vision by leveraging high mobile
penetration and coverage in the State. It is therefore argued that the restrictions have
invaded her fundamental right to privacy guaranteed under Article 21 of the
Constitution of India. Being an adult she claims that nobody has any authority to
interfere with her freedom to use the mobile phones. It is argued that the forceful
seizure of mobile devices have invaded the right of privacy of the hostel inmates

judgement
While quoting liberally from the landmark cases, it is then pointed out in para 15 that, As
found by the Apex Court in Charu Khurana v. Union of India (2015) 1 SCC 192,
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women still face all kinds of discrimination and prejudice and the days when women
were treated as fragile, feeble, dependent and subordinate to men, should be a matter
of history. Similarly, it is then held in para 16 that, In the judgment in Puttaswamy's case
(supra) the Apex Court held that right to privacy is held to be an intrinsic part of the right
to life, personal liberty and dignity and hence a fundamental right under part III of the
Constitution.

in their pursuit of education for maintaining excellence of education, the rules should be
modified in tune with the modernisation of the technology so as to enable the students
to acquire knowledge from all available sources. 

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.

When it is already found that such an action infringes the fundamental freedom as well
as privacy and will adversely affect the future and career of students who want to
acquire knowledge and compete with their peers, such instruction or restriction cannot
be permitted to be enforced.

In the ultimate analysis, what can be easily inferred from the above foregoing
discussion is that the Kerala High Court has laid down in no uncertain terms that right to
access internet is part of the right to privacy under Article 21 of the Constitution of India
and also the right to education. We all know fully well how crucial internet is to acquire
invaluable information about anything which cannot be acquired from other sources so
easily which makes it all the more important.

It also cannot be denied that even the UN General Assembly had declared right to
internet to be a human right in 2014. Even the Kerala Finance Minister Dr Thomas
Issac in 2017 in his budget speech had recognized right to internet as a human right
and had disclosed that efforts were being made to make internet accessible to all. The
only restriction that can be imposed is that the students using mobile phones should not
cause disturbance to other students. This was made clear by the Kerala High Court
also in this commendable judgments and all students must adhere to it.

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