Internet Shutdowns in India

India, in 2024, witnessed 84 internet shutdowns, making it the second-highest country globally for such disruptions. According to reports, India accounted for 58% of all documented internet shutdowns in the first half of 2023. Internet shutdowns have profound effects on citizens, businesses, and governance. Here’s a detailed breakdown of the provisions governing internet shutdowns, their impacts, arguments for and against them, and possible solutions to minimize their use.

Legal Provisions Governing Internet Shutdowns

• Indian Telegraph Act, 1885 & Suspension Rules (2017):
  • Section 5(2) of the Indian Telegraph Act empowers the Union or State Home Secretary to order the suspension of telegraph services, including the internet, during a public emergency or when public safety is threatened.
  • Temporary Suspension of Telecom Services Rules, 2017 stipulate that such an order must be reviewed by a committee within five days, and cannot last longer than 15 days. In urgent situations, a joint secretary-level officer or above can issue the order without prior committee review.
• Code of Criminal Procedure (CrPC) - Section 144:
  • Section 144 allows district magistrates or any empowered executive magistrates to issue orders to prevent public disturbances. Internet suspension can be part of such orders for maintaining public order.

Impacts of Internet Shutdowns

• Violation of Fundamental Rights:
  • Freedom of Speech and Expression (Article 19(1)(a)): The Supreme Court in the Anuradha Bhasin vs. Union of India (2020) case highlighted that internet shutdowns violate the freedom of speech and expression.
  • Right to Practice Profession (Article 19(1)(g)): It also impacts the right to practice any profession, particularly those relying on the internet.
  • Right to Information (Article 19): The Raj Narain vs. State of UP (1975) case declared the right to information as fundamental. Internet shutdowns hinder access to critical information.
  • Right to Internet (Article 21): The Kerala High Court, in Faheema Shirin v. State of Kerala, declared access to the internet as a fundamental right, further undermined by shutdowns.
• Economic Consequences: Shutdowns cause significant economic disruptions. In the first half of 2023, India lost Rs 2,091 crore (USD 255.2 million) due to internet shutdowns.
• Disruption of Education: Schools, colleges, and universities increasingly rely on online platforms for teaching and exams. Shutdowns prevent students from accessing educational content and resources, affecting their studies.
• Health Sector Impact: Shutdowns affect the ability to coordinate medical services, access urgent healthcare information, and maintain mental health services. Studies have shown that such disruptions exacerbate public health challenges.
• Impeding Disaster Response: Internet shutdowns complicate the communication required for disaster management, hampering the flow of vital information during crises and reducing the effectiveness of humanitarian aid.
• Erosion of Trust: Frequent shutdowns can diminish public trust in the government and its institutions. There are concerns about increasing censorship and control over information flow, which reduces transparency and accountability.

Arguments For and Against Internet Shutdowns