WWW.LIVELAW.IN
W.P(C).No.19716/2019-L
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incitement to discrimination and violence on the Internet, including by
promoting tolerance and dialogue
7 calls upon all States to consider formulating through transparent and inclusive
processes with all stake holders and adopting national Internet related public
policies that have the objective of universal access and enjoyment of human
rights at their core
8. Encourages the special procedure to take these issues into account within the
existing mandates as applicable;
9.
Decides to continue its consideration of the promotion, protection and
enjoyment of human rights including the right to freedom of expression on the
Internet and other technologies as well as how the Internet can be an important
tool for development and for exercising human rights in accordance with this
programme of work.”
(emphasis supplied)
As rightly pointed out by the learned counsel for the petitioner, the Apex Court has
in Vishaka & Ors. v. State of Rajasthan & Ors. [AIR 1997 SC 3011 : (1997) 6
SCC 241] held that in the light of Article 51(c) and 253 of the Constitution of India
and the the role of judiciary envisaged in the Beijing Statement, the international
conventions and norms are to be read into the fundamental rights guaranteed in the
Constitution of India in the absence of enacted domestic law occupying the fields
when there is no inconsistency between them. Going by the aforesaid dictum laid
down in the said judgment, the right to have access to Internet becomes the part of
right to education as well as right to privacy under Article 21 of the Constitution of
India. Though the learned counsel for the petitioner relied on the judgement in
Sabu Mathew George vs Union of India and others: (2018) 3 SCC 229, where it
was held that women are having equal constitutional status and identity, while
considering the case relating to pre-natal determination of gender, in order to assert
that there cannot be any discrimination based on gender, the counter affidavit
shows that restrictions are imposed in men's hostel also though the duration is
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