Recently, the Kerala High Court, in Faheema Shirin v. the State of Kerala case, declared the right to Internet access as a fundamental right forming a part of the right to privacy and the right to education under Article 21 of the Constitution.The court held that, in an information society, unequal access to the Internet creates and reproduces socio-economic exclusions. According to  new  study, India’s digital divide is  preventing the Digital  India programme from achieving its desired outcomes. Digital divide means discrepancy between people who have access to and the resources to use new information and communication tools, such as the Internet, and people who do not have the resources and access to the technology. It  also means discrepancy between those who have the skills, knowledge and abilities to use the technologies and those who do not.The digital divide can exist between those living in rural areas and those living in urban areas, between genders, between the educated and uneducated, between economic classes, and on a global scale between more and less industrially  developed nations. There is a huge rural- urban and inter-state digital divide in India.