Internet shutdowns used to maintain public order
Over the past few years, the Indian government has increasingly been trying to control law and order by shutting access to the Internet.
Between 2016 and 2022, 60% of Internet shutdowns across the world took place in India.
There are many reasons why Internet shutdowns are imposed.
For around 40-50% of them, the official reason is communal tensions.
Some of them are imposed during protests.
Many to prevent cheating during exams
Many due to religious processions.
Preventive shutdowns are imposed before an event takes place.
A reactive shutdown is imposed after an event takes place and is generally the easiest way to control an escalating law and order situation.
There were almost 84 shutdowns in 2022 in India.
While a lot of shutdowns are necessary to prevent communal tensions, civil war, or riots and situations of unrest, they need to be proportionate.
Arguments against it:
Article 19 of the Constitution mentions freedom of speech and freedom to practise any profession.
Article 21 protects 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.
The Supreme Court has held in various decisions, that access to the Internet has 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.
Article 92 says that reasonable restrictions ought to be imposed wherever necessary.
The grounds include a threat to the nation, to national sovereignty, integrity and defence, or to avoid incitement to, or commission of, a cognisable offence.
Proportionality means you cannot shut down the Internet to prevent cheating in exams.
Shutdowns for preventing cheating in exams should not be a ground.
Rajasthan cut off Internet before REET (Rajasthan Eligibility Examination for Teachers) and West Bengal did the same before the Madhyamik Pariksha.
Lot of these shutdowns decisions are not made following due process.
Nobody below the level of a Joint Secretary can impose a shutdown. But often, district magistrates end up imposing blanket shutdowns.
To impose an Internet shutdown is to essentially curb a fundamental right.
People can’t work, access telemedicine, study, or even eat, since so many of our delivery services need the Internet and an OTP (one-time password).
Rule 5 of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 says that a review committee has to be formed within five working days (of issue of directions for suspension of services).
Often, when you try to get orders to understand how the review committee is working and whether there are minutes of the meeting, these applications are denied.
This means we don’t know if the review committee met and if the shutdown is justified.
According to the Anuradha Bhasin judgment, if you’re cutting off somebody’s Internet, you have to at least inform them.
After this judgment, shutdowns have only started occurring under the Suspension Rules as opposed to Section 144, which is a good thing, but there are a lot of guidelines that are not adhered to.
For example, there are none or very few publications of shutdown orders in the public domain.
The Manipur High Court constituted a committee to look into the possibility of blocking VPN servers so that the Internet access can be restored safely while restrictions on social media websites are still maintained.
This is not a feasible solution because VPNs provide access.
In any case, social media is also an important part of the freedom of profession, and of the freedom of speech and expression.
Way forward
There could be certain services to which we continue to have access if possible.
Certain websites could be blocked instead of a complete shutdown.
Healthcare or education services could remain accessible.
VPNs could be blocked. People use VPNs freely today, and that also is a facet of your right to privacy.
But in certain sectors, especially the government sector, there have been guidelines where VPN use is not allowed.
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