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.
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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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