Hindu Editorial Analysis : 7-July-2023

In recent years, the Indian government has increasingly resorted to Internet shutdowns as a means to control law and order situations. An internet shutdown refers to a disruption in access to internet services, particularly mobile internet. While these shutdowns may be necessary to prevent communal tensions, civil unrest, or riots, it is crucial to ensure that they are proportionate and do not infringe upon fundamental rights.

Types of Internet Shutdowns:
  1. Preventive Shutdowns:
    • Imposed before an event takes place to anticipate potential unrest.
    • Example: Shutdown in anticipation of a communal riot following the circulation of a video depicting violence.
  2. Reactive Shutdowns:
    • Imposed after an event occurs to control an escalating law and order situation.
    • Considered the easiest way to respond to such situations.
Data on Internet Shutdowns:
  1. India’s Prevalence:
    • Between 2016 and 2022, India accounted for 60% of internet shutdowns worldwide.
    • In 2022 alone, there were nearly 84 shutdowns in India.
    • Since 2012, India has recorded 738 shutdowns according to The Internet Shutdowns Tracker.
Reasons for Internet Shutdowns:
  1. Communal Tensions:
    • Official reason for approximately 40-50% of shutdowns.
    • Implemented to prevent the escalation of conflicts based on religion or caste.
  2. Protests and Exams:
    • Shutdowns imposed during protests to restrict communication and dissemination of information.
    • Implemented during exams to prevent cheating.
Legal Provisions:
  1. Section 144 of CrPC:
    • Used for shutdowns before 2017.
    • Empowered police and District Magistrates to prevent unlawful gatherings and restrict activities.
  2. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017:
    • Introduced in 2017 to govern shutdowns.
    • Broad interpretation of Section 5(2) of the Telegraph Act 1855.
Issues and Criticisms of Internet Shutdowns:
  1. Violation of Fundamental Rights:
    • Shutdowns infringe upon the freedom of expression and right to access information guaranteed by Article 19 of the Constitution.
    • The right to life and liberty (Article 21) includes the right to education and internet access.
  2. Frivolous Reasons for Shutdowns:
    • Shutdowns should not be imposed for trivial purposes, such as preventing cheating in exams.
    • Instances where shutdowns were implemented before important exams raise concerns.
  3. Imposing Authority:
    • Shutdown orders can only be given by officials at the level of a Joint Secretary.
    • However, district magistrates sometimes impose blanket shutdowns without proper justification.
Repercussions of Shutdowns:
  1. Violation of Civil Liberties:
    • Arbitrary shutdowns undermine citizens’ constitutional rights and civil liberties.
    • Economic consequences include loss of sales and job opportunities for businesses and working professionals.
  2. Disruption of Essential Services:
    • Shutdowns hinder work, access to telemedicine, education, and basic services that require internet connectivity.
    • Delivery services relying on the internet and OTPs (one-time passwords) are severely affected.
Supreme Court’s Observations:
  1. Anuradha Bhasin and Faheema Shirin case:
    • The Supreme Court has emphasized the importance of preserving access to the internet.
    • Access to the internet should only be restricted in exceptional circumstances that warrant control and surveillance.
  2. Court’s Directions:
    • Shutdowns must be temporary, limited in scope, lawful, and proportionate.
    • The affected individuals must be informed about the shutdown as per the Anuradha Bhasin judgment.
Why In News

Over the past few years, the Indian government’s approach to maintaining law and order has involved an increasing tendency to restrict access to the Internet. These measures have been implemented as a means to exert greater control and regulate information flow within the country. However, such actions have raised concerns about the potential impact on freedom of speech and expression, as well as hindering the exchange of ideas and impeding technological progress.

MCQs about Internet Shutdowns in India

  1. What is the primary concern regarding internet shutdowns in India?
    A. Economic consequences
    B. Violation of fundamental rights
    C. Inadequate legal provisions
    D. Lack of public information
    Correct Answer: B. Violation of fundamental rights
    Explanation: Internet shutdowns in India raise concerns about the violation of the freedom of expression and right to access information guaranteed by Article 19 of the Constitution.
  2. Which legal provision was used for internet shutdowns in India before 2017?
    A. Section 144 of CrPC
    B. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017
    C. Article 21 of the Constitution
    D. Section 5(2) of the Telegraph Act 1855
    Correct Answer: A. Section 144 of CrPC
    Explanation: Before 2017, internet shutdowns in India were largely imposed under Section 144 of the Code of Criminal Procedure (CrPC).
  3. What is the Supreme Court’s stance on internet shutdowns?
    A. It supports unrestricted use of internet shutdowns.
    B. It emphasizes the need for temporary and proportionate shutdowns.
    C. It calls for a complete ban on internet shutdowns.
    D. It believes shutdowns should be imposed only for frivolous reasons.
    Correct Answer: B. It emphasizes the need for temporary and proportionate shutdowns.
    Explanation: The Supreme Court has emphasized that internet shutdowns should only be exercised in situations that require exceptional control and surveillance. They should be temporary, limited in scope, lawful, and proportionate.

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