Tuesday, April 16, 2013

Activist Moves NHRC against Ban on Pre-paid SMS in J & K


Ban On Pre-Paid SMS 
Activist Moves NHRC, Demands Revocation of Ban 
Jammu, 15/April/2013: Terming the ban on Pre-Paid SMS service in Jammu and Kashmir as a violation of  Human  Right and also desecration of fundamental right to expression as enshrined  under the constitution of India. A Jammu based Human Rights Activist has approached the National Human Rights Commission at New Delhi with a plea seeking directions to the competent authorities for lifting the ban on pre-paid SMS Service. Arraying Home Secretary, Ministry of Home Affairs, Chairman TC & Secretary (T), Ministry of   Communications & IT, Department of Telecommunications Chief Minister, J&K State.   As respondents the instant petition has been filed by Human Rights Activist Deepak.

In his petition dated 14/April/2013, Deepak Sharma has submitted to the Chairman, NHRC that the ban on SMS services of Prepaid mobile subscribers of the state is unconstitutional, non democratic, useless, illogical and has become totally irrelevant especially in present times with the advancement and wide use of technologies like Whatsapp, social networking sites like face book, orkut and twitter. 
KASHMIR TIMES, 16 APRIL, 2013, JAMMUU

 Supporting his petition, the activist has also argued that the government’s decision to ban pre-paid SMS service on the pretext of rumors spreading can no way be justified because  there is a wide spread use of some messaging services like Whatsapp  these days as apart from sending messages it also sends videos, audios, files etc in an amazingly fast speed  that too free of cost. The petitioner in his plea has also stated that SMS ban has become total illogical and irrelevant because any person with smart phone which is available with a mere cost of 3 to 4 thousand can access all the advance applications on his cell and interact with anyone and forward his message without any check.  This ban is discriminatory because it only curtails the rights of the under privileged people who cannot afford to buy smart phones. It has also been argued that the people of the state especially youth and students are suffering a lot due to non-availability of the SMS service because due to this ban they are not able to receive messages from universities, banking messages, job employment alerts, rail and air ticket confirmation messages. In his prayer to the Human Rights Panel, the petitioner has said that he though appreciates and respects the decision of the State Government in safeguarding the security interest of the state and its citizens but putting a ban on the pre paid subscribers only and that too for a long period of almost 3 years is illogical and need to be reviewed and quashed by the concerned competent authorities. Deepak has also informed that within days, he along with other rights activists from the state may approach the Court of Law with a Public Interest Litigation claiming that they have all the facts to prove the ban order “unconstitutional and discriminatory” .  
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