CASE ANALYSIS ON FATHIMA SIRIN V.

STATE OF KERALA

Introduction

In today's digital era, technology has become an indispensable component of daily life,
influencing how we work, socialize, and navigate the life in general. Mobile phones and
internet access, formerly unknown and considered a symbol of privilege and luxury, have
become a fundamental part of daily life and, to some extent, necessary and unavoidable for
surviving with dignity and freedom. In a landmark and outstanding decision titled Faheema
Shirin v. State of Kerala and others in WP (C) No. 19716 of 2019 (L), delivered by a single
Bench of Justice PV Asha of the High Court of Kerala on September 19, 2019, it was ruled that
the right to Internet access is a part of both the right to education and the right to privacy under
Article 21 of the Indian Constitution.

Facts of the case

This extremely worthy judgement was the result of a writ petition filed by the petitioner,
Faheema Shirin, a student of Sree Narayanaguru College, Kozhikode, who did not consent to
arbitrary and unreasonable new regulations at the college-run hostel where she was staying,
which altered the duration of the restrictions imposed on the use of mobile phones within the
hostel from the earlier 10 pm - 6 am to 6 pm - 10 pm, while the use of laptop by undergraduates
was also While complaining about the cumbersome and impractical condition, the college
administrators advised her that she would have to comply with the limits imposed or leave the
hostel immediately. As a result, all hostel occupants had to document their willingness to abide
by the restriction. However, Shirin received a notice instructing her to evacuate the hostel
within 12 hours. Shirin could not attend college classes due to the loss of her housing. When
she returned a few days later to leave her room, the Hostel management refused to let her collect
her possessions. The respondents were the State of Kerala, the University of Calicut, the
University Grants Commission (UGC), the Principal of Sree Narayanaguru College, and the
Deputy Warden and Matron of the Women's Hostel. It is said that the alteration in the duration
of the restriction for the use of mobile phones was brought into force at the parents' request.
Opinion

The acknowledgement of the right to access education and information via the Internet and its
elevation to the status of a fundamental right indicates the progressive attitude of Indian courts.
It demonstrates that their decisions align with changing times. The broad scope of free
expression supports international affirmations that the right to access the internet is a
fundamental freedom inextricably tied to the right to education and privacy. The Court
enhanced India's commitment to freedom of expression by interpreting international treaties as
fundamental rights in the Indian Constitution. The exceptional decision calls attention to gender
disparities and inequalities in access to the Internet and educational opportunities for
empowerment and advancement. Finally, the judgement emphasises the importance of
modernising policies and programmes to reflect the digital age, ensuring that society fully uses
technology's opportunities for affordable and accessible education. This ruling may ultimately
have a favourable impact on promoting online learning as an integral aspect of the right to
education, and it will serve as a guiding light in widening the scope of Article 21 and
safeguarding the right to internet access as a result of the right to education.

Written by Stuti Nayak(3rd Semester)

Himachal Pradesh National Law University, Shimla