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OVERVIEW

  • After being suspended for 550 days, the Jammu & Kashmir Home Department on Friday revoked the restrictions on mobile 4G data services in the region.
  • About 2 years back on August 4, 4G internet services were suspended, following the annulment of Article 370 on August 5, in view of the concerns rising out of the government's abrupt decision. 

ABROGATION OF ARTICLE 370

  • The revocation of Article 370 stripped J&K of its special status, splitting it into two union territories - J&K and Ladakh.
  • Internet services across the state were subsequently resumed at 2G speed, however 4G services were resumed in two districts - Ganderbal and Udhampur - on a trial basis, while the remaining 18 districts continued to function under 2G services.
  • The Centre had reportedly claimed separatists and Pakistan-based terrorism as the concern for restriction of high-speed internet.
  • Last year in August, the government had reported the apex court that a special committee investigating the issue of internet restoration in J&K was considering allowing 4G internet access on a trial basis in the region. However, pre-paid SIM card holders would have to undergo verification as per the norms set for postpaid connections to gain access to internet connectivity. 

LITIGATION IN SC REGARDING RESTORATION OF INTERNET 

  • The first batch of cases were filed almost immediately after the repeal of J&K's special status, resulting in the judgement Anuradha Bhasin v. UOI in January 2020.
  • The judgement elaborated on the necessity of internet for freedom of speech & expression and trade, however, it did not direct the immediate restoration of internet services and consigned the matter to the Centre for review.
  • Later, after the onset of COVID, another set of petitions were filed in the Supreme Court stating concerns about how lack of 4G internet speed was causing a slack in providing medical services, education, trade & commerce during the lockdown, which were being delivered online to the rest of the nation.
  • However, authorities denied the lack of high-speed internet having any adverse effect on COVID-19 control measures, online education or business.
  • As per the verdict passed in Foundation of Media Professionals v. UOI, the cases were disposed of in May 2020, which did not result in immediate restoration of internet services, but constituted a higher-level special committee to review the restrictions.
  • After the pronouncement of the order, a contempt petition was submitted in the Supreme Court contending that the Centre had extended the restrictions without establishing the Committee. The Centre argued that the Committee had been constituted and had decided to extend the restrictions on account of ‘terrorism threat'.
  • The Attorney General also informed the Supreme Court last year that 4G services will be restored in two districts as a trial run after August 15.
  • Two weeks ago, a fresh PIL was filed in the Supreme Court by Private Schools Association of J&K claiming that lack of high speed was hampering the right to education of students. 

CONCLUSION 

  • On Tuesday the government submitted in the Parliament that terrorist attacks in the Valley had more than halved in 2020 compared to 2019, encouraging the Union Home Secretary Ajay Bhalla to take to decision to restore services based on reports by security agencies that restoration of 4G are not likely to cause any major security issues in the Union Territory.

WHAT ARE YOUR VIEWS CONCERNING THE DECISIONS TAKEN BY THE CENTRE REGARDING J&K INTERNET FACILITIES? LET US KNOW IN THE COMMENTS BELOW!

Click here to download the original copy of the judgment

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