'You can use Arattai': Supreme Court as it says WhatsApp is not a fundamental right

The Supreme Court of India has ruled that access to private messaging platforms such as WhatsApp does not fall under the category of fundamental rights guaranteed by the Constitution. The verdict came after a petition filed by a doctor who argued that being blocked from WhatsApp violated her constitutional rights and hindered her ability to communicate for both professional and personal purposes.

The bench, headed by Justice Sanjiv Khanna, made it clear that no citizen can claim the right to use a privately owned service as a constitutional guarantee. The court noted that while digital communication is essential in today’s world, platforms like WhatsApp operate as private entities governed by their own terms of service. Users, the court said, voluntarily agree to these terms when they sign up, which means they are bound by the company’s policies and cannot demand continued access as a right.

The petitioner, Dr Raman Kundra, had approached the Supreme Court after her WhatsApp account was suspended. She argued that the messaging app was critical to her daily communication and that her suspension had caused serious inconvenience. The court, however, refused to entertain this argument, explaining that such matters must be addressed through civil or regulatory channels rather than constitutional litigation. The bench ultimately allowed the petitioner to withdraw the case with the option to seek remedy through other legal forums.

During the hearing, the judges suggested that the doctor could use alternative Indian messaging platforms such as Zoho’s Arattai app. The remark, “You can use Arattai,” from the bench drew public attention to the growing presence of Indian-developed digital tools that aim to provide secure, private communication options independent of foreign control.