Internet shutdowns in India

Internet shutdowns in India have escalated dramatically, resulting in the country recording the highest number of internet cut-offs in the last five years. In the latest scenario, the Haryana state government, in the wake of the ongoing farmer protests, has been issuing orders for internet shutdown from time to time.

Internet Shutdowns in India:

• Internet Shutdowns may be defined as any disruption in access to the internet services most of which deals with mobile internet.
• India has recorded the highest number of internet cut-offs in the last five years, according to one study

Who Governs Internet Shutdowns in India?

• Internet shutdown orders are governed under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885.
• The 2017 Rules provide for temporary shutdown of telecom services in a region on grounds of public emergency and give senior bureaucrats from the Home Ministry at the central and state levels the power to order shutdowns.
• The 1885 Act empowers the Central government to regulate various types of telecom services including internet services and grant licenses for them.
• Using Section 144 of the Code of Criminal Procedure: It justifies the communications blockade and the continuance of it, has been a rising trend.
  • Section 144 gives a magistrate the powers to enforce a general shutdown of the area if he or she believes that there could be violence in the area.

How vulnerable is the situation in India?

• Internet cut-off:India has ranked first in the world for shutting off the internet over the past five years.
• Content blocking: In addition to cutting off the internet, the government also routinely blocks specific websites or successfully pushes social media platforms to block content in India.

How this repetitive actions are contradicting in nature?

• Contradicting freedom of expression and information:India’s situation is especially concerning given that in 2013 it joined many countries to proclaim, under Article 19 of the U.N.’s International Covenant on Civil and Political Rights, that the right to freedom of expression and information “must also be protected online.”
• Contradicting vision of digital India: The shutdowns contradict India’s vision of a ‘digital India’.

How does it violate fundamental Rights?

• The Internet plays a crucial role in realizing numerous Fundamental Rights beyond Freedom of Speech and Expression.
• Article 19 of the Constitutionmentions freedom of speech and freedom to practise any profession.
• Article 21protects the right to life and liberty, which also encompasses the right to education and the right to exercise one’s freedom to access the Internet.
• In the digital age, people utilize it for essential activities such as accessing rations, conducting card transactions, communicating with relatives, managing healthcare, and more, all of which are vital for their daily functioning.

Supreme Court’s View on Internet Shutdown

• The Supreme Court has held in various decisions, including in AnuradhaBhasinand Faheema Shirin, that access to the Internethas to be preserved.
• Shutdowns should be exercised only in situations which require exceptional control and surveillance.
• The Court has said a shutdown needs to be temporary, limited in scope, lawful and proportionate.