In this context, we will discuss on meaning and concept of cyber space, cyber
space and virtual world and position of right to internet under the fundamental
right as well as right to education with some important case law and judgements
The present era is an era of computer and technology. Today, every sphere of
human life is surrounded with the machine whether it is a fan, cooler, A.C,
motorbike, car, computer, mobile etc. For every single need to luxuries of
modern life, we depend on them. As we are heading towards the technological
advancement, criminality is also developing from traditional crimes (e.g. theft,
murder etc) to modern crimes.
Technological advancements are on one hand promoting the overall development but
on the other proving detrimental to the society. Knowledge about the science and
technology has become a boon for the modern criminals in carrying out their
criminal activities more easily and without the fear of being caught at hand.
The present use of technology and computer network has given rise to cyber
crimes. Such crime and criminals need a new approach to deal with them in order
to keep them under the scope of criminal law. Cyber crimes are the most recent
addition to the book of crime. Realizing the magnitude of this form of
criminality, it has now become the hottest topic around the globe. On the other
hand government restrict citizens to access internet for suppressing their voice
against government. It's signifies some kinds of failure of the government.
Cyber Space: Meaning and Concept
The word "cyber" is a prefix that is used to describe anything related to
computer or internet e.g. cybercrimes, cyber space, cyber security. Cyberspace
is referred to the virtual world. Specifically, it is an electronic medium,
which is used to form a computer network to aid in online communication. It is a
huge network made up of several computer networks worldwide, which uses
Transmission Control Protocol/Internet Protocol (TCP/IP) to facilitate
communication and data exchange activities.
According to techopedia, cyberspace permits internet users to interact, share
information, swap ideas, play games, engage in discussions or social forums,
conduct business and create intuitive media, among many other activities.
William Gibson initially introduced the word cyberspace in his 1984 book, "Neuromancer."
Gibson criticized the term by calling it "evocative and essentially meaningless"
in later years but the term is still widely used to describe any feature or
facility which is connected to the Internet.
As briefly stated by the Ministry of Electronic & Information Technology the
cyber space is a complex environment where interaction between people, software
& service, take place with the support of worldwide distribution of information
and communication technology (ITC) devices and network.
Cyber Space, The Virtual World:
The "Cyberspace" is unified technology. It entered the "popular culture from
science fiction and the arts but is now used by technology strategists, security
professionals, government, military and industry leaders and entrepreneurs to
describe domain of global technology environment.
The other consideration for cyberspace is it is just a speculative environment
in which communication over internet could be happened. The Cyberspace has
become very prominent since year 1990, when the world become the witness of
increasing use of internet and digital communications in almost all field of
human social as well as in profession life. It is world largest- unregulated and
uncontrolled domain in history of mankind, which is developed by peoples of
The practical use of cyberspace is for human interaction, sharing of opinions,
exchange of ideas, official communications, instant communications, playing
games, artistic purpose, political discussions etc., which is generally called
as cybernauts. Conventionally cyberspace means- a platform which relates to
internet and different internet culture. Majority of opinions are in favor to
consider right to privacy as a beneficial code for cyber ethics.
Right to Internet is a Fundamental Right or not?
Around 60% of people in the world has does not have right to internet and if we
look at third world countries then only 1 out of 10 people have internet access
along with this are many countries which does not allow their citizens to access
specific contents or restrict to access. But it is not possible for development
without digitalization specially today's generation that's why in 2016 United
Nation Human Right Commission said that Right to Internet should be made a
Since 11 years more than 400 internet shutdowns in India by the government for
the various reason. On 4th August 2019 when Parliament revoked Article 370 of
the Constitution of India from state of Jammu and Kashmir through the Jammu and
Kashmir Reorganisation Act, 2019. Under this Act Jammu and Kashmir divided into
two Union Territories that are Jammu and Kashmir and Ladakh simultaneously
imposed section 144 of CrPC which prohibits unlawful assemble for the
maintenance of peace with Internet shutdown. That shutdown was the longest
internet shutdown in the Indian history and it's restore after 213 days on 4th
But between 4th August 2019 to 4th March 2020 we got 3 important Judgments which
was going to decide a new right which is Right to Internet. In Faheema Shirin
R.K V. State of Kerala and others The Kerala High Court observed that right to
access internet is a Fundamental Right as well as it connect with Right to
Privacy under Article 21 and also with Right to Education. The Supreme Court
pronounce that due to immediate threat or security concern a temporary ban on
services is permissible but ban of internet services for a indefinite time is
not right, the balance between national security and human rights should be
So, after the Judgment of 10th January, the lowest speed 2G internet services
had allowed in Jammu Kashmir. But after the 4G case the ban on 3G and 4G
internet service in Jammu and Kashmir was challenged on the grounds ban of
internet has violation of fundamental rights. The Supreme Court issued direction
for resume 4G services and committee was setup.
At the last I would like to conclude that at present Internet is a past of human
being after some time at may be take a place in the basic need of human being.
Now a days internet effects our normal life either in positive or negative ways.
But it performs a important role in education sector and also we have to little
worry about privacy because nothing is secure in the cyber space. So government
takes many steps and make laws to protect privacy in internet but it needs
amendments by the time by time with new policy or framework structures.
Award Winning Article Is Written By: Mr.Suraj Chetry
Authentication No: MY350743150431-21-0523