It lawRight to internetKerala High Court

Faheema Shirin R.K. v State of Kerala

WP(C) No. 19716 of 2019; AIR 2020 Ker 35; (2019) 4 KLT 30120192 min read
The case in brief30-second read
Facts
The petitioner was a third-semester B.A. student at Sree Narayanaguru College, Chelannur, Kozhikode, an aided college affiliated to the University of Calicut, and lived in its women's hostel.
Issue
Whether the hostel ban on mobile phone use from 6 p.m. to 10 p.m. infringed the student's fundamental rights
Held
Reading international norms into fundamental rights (Vishaka), the right to have access to the internet is part of the right to education and the right to privacy under Article 21.
Principle
The right to have access to the internet is part of the right to education and the right to privacy under Art.21; a college hostel ban on mobile phone use from 6 p.m. to 10 p.m. was unreasonable (Kerala HC 2019).

Facts

  • The petitioner was a third-semester B.A. student at Sree Narayanaguru College, Chelannur, Kozhikode, an aided college affiliated to the University of Calicut, and lived in its women's hostel
  • Hostel inmates could not use mobile phones from 10 p.m. to 6 a.m., and undergraduates could not use laptops in the hostel
  • From 20 June 2019, after complaints from some parents, the phone ban was changed to 6 p.m. to 10 p.m., with phones to be surrendered to the warden
  • The petitioner objected, and by a memo dated 5 July 2019 she was told to vacate the hostel; she was later directed to leave within 12 hours and found her room locked
  • She filed a writ petition challenging her expulsion and the restrictions

Issues

  1. Whether the hostel ban on mobile phone use from 6 p.m. to 10 p.m. infringed the student's fundamental rights
  2. Whether her expulsion from the hostel for refusing to follow that ban could stand

Held

  • Reading international norms into fundamental rights (Vishaka), the right to have access to the internet is part of the right to education and the right to privacy under Article 21
  • Adult students are entitled to decide how to use their phones; the ban had no connection to any act of indiscipline and blocked the means of acquiring knowledge
  • The ban infringed the students' freedom and privacy and was unreasonable
  • The college was directed to re-admit the petitioner to the hostel; she was in turn not to cause disturbance to others by her phone use
  • The writ petition was allowed to that extent

Ratio decidendi

Access to the internet is part of the right to education and the right to privacy under Article 21. A restriction on adult students' use of mobile phones and the internet must be connected to a real disciplinary need; a blanket evening ban that is not so connected is unreasonable and cannot justify expulsion from a hostel.

Exam use

How to use it in an answer

  • Cite as the leading High Court authority treating internet access as part of Article 21 (education and privacy)
  • Do not cite it for limits on internet shutdowns: the case concerned a hostel rule, not a State shutdown order
  • Use in questions on the digital divide and the State's role in ensuring access to technology

Cite this

Citation

Faheema Shirin R.K. v State of Kerala WP(C) No. 19716 of 2019; AIR 2020 Ker 35; (2019) 4 KLT 301

Reported: WP(C) No. 19716 of 2019; AIR 2020 Ker 35; (2019) 4 KLT 301. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.