During the times of novel coronavirus, access to the internet is imperative, not only through the lens of a philosophical perspective but as an essential human right. Internet is indispensable for education, employment, health care services and communication between people, etc. It has become the vehicle through which the fundamental rights and principles of policy, as enshrined in the Constitution of Pakistan, legislation and international law, are enabled. It has, in itself, become inseparable from the human rights to the extent that it has materialised as a crucial human right.
The UN, to which Pakistan is a member state, declared access to the internet a human right. It further recommended that every country should make access to the internet a fundamental human right. Furthermore, the internet is recognised as a human right in several economically developed states. In Estonia, the parliament enacted legislation almost twenty years ago (in 2000) that declared internet access a fundamental human right. In France, the constitutional council stated in 2009 that internet access is a human right. Similar examples include Costa Rica and Finland.
Very recently, the Supreme Court of India, a neighbouring developing country, declared access to the internet a fundamental right. The decision of the bench was headed by Justice N V Ramana and was in connection with internet blockade in Indian occupied Jammu and Kashmir, where internet services had been suspended after the abrogation of Article 370 of the Indian Constitution. While limited 2G services were restored in some areas, 4G services remain suspended. Arguably, limited 2G services are a stain on the access to internet services being provided especially when India prepares for 5G services. Nonetheless, the apex court of India did declare internet to be a fundamental right, adding that the freedom of speech and expression and the freedom to practice any profession or to carry on any business or occupation via the use of the internet is constitutionally protected under Article 19 of its Constitution. The court stated that the Indian government’s shutdown of the internet in Indian occupied Jammu and Kashmir lasting several months was a clear abuse of power and contradicted the country’s constitution. This decision of the Supreme Court was foreshadowed by a similar decision by the High Court of Kerala, the most literate state of India.
In Pakistan, Balochistan, while being the largest province in terms of land area, has an extremely low literacy rate. The situation in Balochistan in Pakistan can be contrasted with the state of Kerala in India. Modern times require access to the internet as essential towards improving literacy rate. The government of Pakistan has failed to provide access to the internet in Balochistan.
The Human Rights Commission of Pakistan, in its latest report, titled, “State of Human Rights in 2019,” confirmed that there is a lack of access to the internet. It is routinely cut off and deliberately shut down in various parts of Balochistan. The report explicitly stated, “In late 2017, before beginning the census collection, 3G/4G services were suspended for ‘security reasons.'” They remain suspended till today and are routinely cut off in various places around Balochistan. Given that the physical distribution of newspapers has almost completely stopped in many places around Balochistan, the internet remains an important source of information. A citizen challenged the shutdown in a court in Turbat but withdrew his case allegedly after security officials pressurised the lawyer.
Modern times require access to the internet as essential towards improving literacy rate. The government of Pakistan has failed to provide access to the internet in Balochistan
On Wednesday, police arrested two dozen students, including lady doctors in Quetta who were peacefully protesting for internet facilities. The students were claiming that they were unable to attend online classes because, in some areas in Balochistan, students don’t have access to the internet. Previously, students went on a hunger strike as well, but to no avail as their pleas went unheard. Many students continue to speak of their plight. They have to climb mountains to gain access to the internet and sit under the scorching heat in a dangerous environment for online education. Such are the obstacles that the government has put into place in a province that has an extremely low literacy rate for students who are extremely passionate about gaining an education. That the students are ready to risk their lives and climb mountains speaks volumes of their commitment towards gaining an education. Additionally, peaceful protest is a constitutional right of the citizens of Pakistan. Under Article 16 and 19 of the Constitution of Pakistan, every citizen has a right to assemble peacefully and the right to freedom of speech and expression, respectively. In these circumstances, arrests of the students who were peacefully protesting for their rights is highly condemnable.
Under Article 18, every citizen has the right to enter any lawful profession or occupation and to conduct any lawful trade or business. Furthermore, under Article 37, the state has the responsibility to promote the educational and economic interests of backward classes or areas; remove illiteracy; provide free and compulsory secondary education; make technical and professional education generally available and higher education equally accessible to all based on merit. The question that arises is how will the state be able to fulfil its responsibilities without granting its citizens access to the internet, especially during the pandemic? To put it simply, it can’t. This is exactly why access to the internet is a fundamental human right and has been given the same status in several countries.
Additionally, Article 19 of the Universal Declaration of Human Rights (UDHR) states that everyone has the right to freedom of opinion and expression, which includes freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The United Nations, in a report, stated that Article 19 of the UDHR was drafted with the foresight to accommodate future technological developments. Arguably, this includes access to the internet. Pakistan voted in favour of the UDHR, which is categorised as customary international law. The United Nations has advised that the Declaration “constitutes an obligation for the members of the international community” to all persons.
This January, the internet penetration rate, the percentage of the total population that uses the internet, stood at only 35 per cent. Internet is concentrated among economic elites only. This has created a “digital divide” in the country, a gap between those with access to the internet and those that have limited to no access. This poses a significant threat to the country as the government fails to fulfil its responsibilities. The educational and economic interests of backward classes are further pushed backwards. The citizens face extreme levels of inequality, for example, in Balochistan, the disabled will be unable to climb mountains to pursue education or engage in their occupation, etc. They will be forced to lag. Unfortunately, the country already lags on almost all socio-development indicators, which include health, education, income, etc. As almost all aspects of life become digitised, the government must ensure that access to the internet is made equally available to all citizens.
Investing in providing internet facilities to citizens with equality will be fruitful for the country in the future. Pakistan needs to prepare to run parallel with the developed countries by providing internet access to all citizens. The pandemic has taught the world that the internet can enable business meetings, educational classes, health care services, online shopping in a much more cost-effective way. Even after the pandemic ends, the world will continue to prefer and utilise the digital option over the “traditional methods.” In the future, the world will be more digitalised. Pakistan needs to make sure it doesn’t linger behind.
Barrister of the Honourable Society of Lincoln’s Inn and teach United States constitutional law and civil law to Pakistani LLB students