Digital Isolation in the Borderlands: A Constitutional Wrong Awaiting Redress
As an advocate and a Samaritan at heart, I have long espoused many a public cause, for such is the sacred calling of my profession, to stand beside the poor, the voiceless, and the distraught, and to use the instrument of law as a balm for their suffering. In doing so, I strive to discharge my fundamental duties enshrined in Article 51A of our Constitution, for I hold steadfast to the belief that when one performs his duties with sincerity, rights flow spontaneously, like rivers from their source. This conviction I ceaselessly impart to my younger colleagues at the Bar and to the students I encounter, particularly those in the classrooms of public and government schools in our villages, where hope flickers amidst adversity. Dwelling in the state capital, we are daily surrounded by the amenities of modern life, which includes clear potable water, uninterrupted electricity, seamless mobile connectivity, yet I am acutely aware that these comforts, so ordinary to me, remain luxuries in the countryside.
This realisation compelled me to undertake research into the grave concern of non‑existent mobile networks in the far‑flung villages along the Nepal border, in districts such as Lakhimpur Kheri, Pilibhit, Bahraich, Maharajganj, Shravasti, Balrampur, and Siddharthnagar. Moved by the plight of these borderland communities, I penned earnest appeals to the President of India and to every relevant stakeholder, seeking redress for their digital isolation. Though my letters have yet to bear the fruit of tangible change, the quest continues unabated, for I am guided by the conviction that the right to communicate is not a privilege but a facet of the right to life itself, and until the last village is connected, the promise of our Republic remains unfulfilled.
Indeed, in these Indo‑Nepal border districts, an unconscionable silence persists, not the silence of nature, but of disconnection- villages where Indian mobile networks vanish into thin air, leaving citizens stranded in a digital void. In Bela Parsua, a tribal village of Nighasan tehsil, the lone BSNL tower breathes only when electricity flows, collapsing into lifelessness at every power cut, for want of generator or battery backup. This is not merely a technical lapse; it is a denial of dignity, a violation of the fundamental right to life and liberty under Article 21 of the Constitution, and a stark reminder that until connectivity reaches the margins, the dream of inclusive development remains incomplete.
In my representation dated 9 February 2025 to the Secretary, Ministry of Communications, I recorded: “In villages adjoining Nepal Borders like village Bela Parsua, Sooda, Sohnaha, Balera, Chandan Chauki, Gauri Fanta, Masan Khambh etc, where we have majority of ‘Tharu’ population, people use Nepal Sims to connect to their families working elsewhere, which is not only impacting these poor people financially as they have to pay for an international call even when they have an incoming call, but also poses a serious security threat. This is not what our Hon’ble Prime Minister would have envisaged while inaugurating the ambitious Digital India Programme.”
The lament was echoed in another communication: “The tower operates only when the electricity supply is ON and goes off immediately in the event of a power failure, which, in fact, is a routine in this neglected village.” The absence of backup power renders thousands vulnerable in emergencies, severing their lifeline to medical aid, policing, and administration.
Worn out and dysfunctional diesel generator set which was installed for backup. There is neither any diesel supply nor has the BSNL initiated any corrective action to mend the diesel generator, citing resource crunch. Worn out and dysfunctional diesel generator set which was installed for backup. There is neither any diesel supply nor has the BSNL initiated any corrective action to mend the diesel generator, citing resource crunch. Worn out and dysfunctional diesel generator set which was installed for backup. There is neither any diesel supply nor has the BSNL initiated any corrective action to mend the diesel generator, citing resource crunch.
Even the Chief Secretary of Uttar Pradesh, through his Staff Officer, acknowledged the malaise in his letter dated 31 July 2024 addressed to the collectors of these Districts mentioning –“It is informed that in the Indo‑Nepal border area, in many villages mobile network connectivity is not available. Therefore, as per the expectation of the Chief Secretary, kindly provide within three days the details of such villages under the Indo‑Nepal border area where mobile network (Indian carrier) connectivity is not available.” Yet, despite this official recognition, no augmentation has been carried out, and the villagers remain in digital darkness.
The judiciary has long recognized that communication is not a luxury but a necessity. In its landmark judgement of April 2025 (Amar Jain v. Union of India reported in 2025 INSC 599), the Supreme Court held that the entitlement to “inclusive and meaningful digital access” is an essential aspect of the right to life and personal liberty under Article 21. The Court declared that digital exclusion amounts to socio‑economic deprivation, and that access to mobile and internet services is now integral to citizenship itself. The judgement explicitly mentioned –
“Initiatives such as Digital India aim to promote efficiency, transparency, and accessibility through digital means. Central to this transformation has been the creation of a robust digital infrastructure, including the Aadhaar programme, online KYC mechanisms, and various electronic service delivery platforms. However, amidst this wave of digital progress, there remains a crucial and often overlooked aspect that demands urgent attention – ensuring that digital infrastructure and services are accessible to all, including persons with disabilities and other marginalised groups. True inclusion requires that technological advancements accommodate the diverse needs of all citizens, thereby fostering an environment where no individual is left behind.”
The consequences of neglect are profound. Children’s right to education under the RTE Act is compromised as online classes remain inaccessible. Banking operations falter, police stations at Chandan Chauki and Gaurifanta struggle to discharge their duties, and families are forced to pay international tariffs to communicate with their loved ones, using a Nepali Sim, which is available freely sans any verification, a national security threat.
The Universal Service Obligation Fund, created under the Telecom Policy of 1999 and reaffirmed in 2012, was designed precisely to bridge such divides. It promised that “universal services are provided in an economically efficient manner by developing hitherto unconnected areas.” Yet, in these border villages, the Fund remains untapped, and policy remains unimplemented.
It is therefore imperative that the powers that be take immediate cognisance of this neglect. BSNL and other operators must be directed to install robust towers with assured power backup. The USOF must be deployed to bring connectivity to these forgotten hamlets. The right to communicate, inseparable from the right to life, must be restored to those who have been denied it.
If this apathy persists, judicial redress through a Public Interest Litigation will be sought, for silence in the face of such injustice would be complicity. The cause is genuine, the grievance undeniable, and the remedy imperative. May this appeal awaken conscience, stir duty, and translate into action, so that the Tharu tribals and their fellow citizens may live with dignity, honour, and the assurance that the Republic does not abandon its own at the margins.
