Poor Internet Violates Right to Education, Poses Security Risk in Border Areas: Allahabad High Court

Allahabad, UP – The Allahabad High Court has taken serious note of inadequate telecom and internet services in areas bordering Nepal, observing that the lack of connectivity not only infringes upon the fundamental 'Right to Education' but also presents a significant national security threat. Hearing a petition filed by the director of a post-graduate college, Justice Pankaj Bhatia directed the Secretary of the Union Ministry of Telecommunications to file a comprehensive affidavit detailing the steps being taken to improve the network infrastructure in these sensitive regions.

Case Background

The writ petition was filed by Sushant Chandra Jaiswal, the Director of a college in Village Chakujot, District Bahraich. He contended that the college, which includes a residential facility, is on the verge of shutting down due to the near-total absence of a reliable mobile and internet network. This severely hampers the educational activities of the students.

Petitioner's Arguments

The petitioner's counsel argued that the poor network forces students and residents to rely on stronger signals from Nepalese telecom providers. This reliance on a foreign network, he submitted, creates two major problems: 1. Violation of Right to Education: In the digital age, access to the internet is indispensable for education. The counsel cited the Kerala High Court's judgment in Faheema Shirin R.K. Vs. State of Kerala (2019), which recognized the right to internet access as a fundamental right. 2. National Security Threat: The widespread use of a foreign network for communication by Indian citizens in a border area poses a serious security risk.

Court's Observations and Directions

Justice Pankaj Bhatia found substantial merit in the petitioner's claims, describing the issue as a "very important question." The court expressed dissatisfaction with a report submitted by the respondents, which, despite claiming service availability, showed "extremely slow" speeds of 8.55 Mbps for downloads and 1.37 Mbps for uploads.

The court observed:

"The issue of non-accessibility to the internet is a very serious one and is, in fact, a violation of the right to education... In addition to this, it also causes a security threat, as the residents in the bordering areas commonly use the Nepalese network for communication more than the network available on the Indian side."

Finding the respondent's report unsatisfactory, the court issued a stern directive.

Final Order and Implications

The High Court ordered the Union of India and the Department of Telecommunications to file a comprehensive affidavit within three weeks. The affidavit, to be filed by an officer of the rank of Secretary, must specifically detail: - Steps being taken to improve the telecom network in Bahraich and other bordering areas. - Research conducted on the proper functioning of networks in these regions. - Corrective measures proposed for improving connectivity.

The court made it clear that "no further time shall be granted." Recognizing the gravity of the matter, the court also appointed Advocate Shri Syed Mohd. Haider Rizv as an amicus curiae to assist in the proceedings. The case is scheduled for its next hearing on October 8, 2025. This order signals increasing judicial scrutiny on the government's obligation to provide essential digital infrastructure, linking it directly to fundamental rights and national security.