The new regulation issued by TRAI restricting mobile users to send 100 SMS per day per Sim prima facei is Unconstitutional. This regulation clearly infringed the fundamental rights guaranteed to citizens of India under Part III of the Constitution. Article 19 of the Constitution provides for freedom of speech and expression and Article 21 talks about right to life and personal liberty. This SMS cap or limit set by TRAI is not only Ulta Vires to the Constitution but also made mockery of democracy.
I agree that this step which has been taken by TRAI is to provide relief to mobile phone users from unsolicited and pesky calls and SMS by telemarketers. I appreciate that TRAI has taken steps to eradicate this long standing problem, however the way it chooses is not correct. A normal mobile phone user should not suffer in order to curb the flood of messages from telemarketers. He should not be restricted till the time he is not violating any law and using the services available as an honest user by paying the price and discharging his duty.
Why should a normal user where majority of it are youngsters sending text to their friends and family in this 21st century be barred by sending more than 100 SMS a day and where every service provider by targeting the youth market had introduced bulk SMS pack. Is the normal user who should have to sacrifices his wishes and desires to send more SMS to their loved ones just to get rid of telemarketing messages? Is this the only solution we have.
Nowadays messages doesn't restrict to only a medium of chatting, with the changing time social awareness messages like to fight against corruption, blood donation, educational program and various others have made its place in every individuals inbox, now with 100 messages restriction one can hardly contemplate such social awareness messages to be spread among masses. Moreover in this rapid changing environment when people left with meager time for their friends and family they prefer to send invites of parties and meetings through messages as this is the fastest and cheapest way of communication, However this bar imposed by TRAI would deter people to send bulk messages and they would not be able to interact much now with their friends and family.
Human chain and basic unity among people is the main basic structure of our constitution which says in its Preamble "to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation". This bar is a dent on working of people who want to create human chain through social networking and henceforth and obstruction in rising, shining, stronger India. Hence this bar of 100 messages could only be sent in a day is a complete infringement of peoples right and must be revoked without giving it a single thought.
This regulation has created a kind of dissatisfaction and hatred among the youth of this nation. Evidence can be drawn from various social networking sites and forums, where every individual is talking against this regulation and hopeful for its revocation. Moreover, World Health Organization (WHO) issued in the public interest that use more text and calls as talking more on phone can cause Ear Cancer, now with this regulation how can you expect a person to use more text than calls when the bar is imposed.
I, therefore as a vigilant civilian would like to urge you on behalf on millions of mobile users who are really addictive to text rather than calls to kindly reconsider the imposed regulation and try to come with user friendly solution to repose peoples belief in the governmental norms.
( Inputs from my classmate)
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