Hindu Editorial Analysis : 24-July-2023
The State of Manipur is currently facing a critical situation due to violence followed by an Internet shutdown. The shutdown, which began on May 3, has affected the entire state, leading to a complete disruption of web traffic and connectivity. This essay will explore the concept of Internet shutdowns, the types, legal provisions, and the implications of such shutdowns in Manipur.
Understanding Internet Shutdowns
Internet shutdowns refer to the deliberate disruption of internet services, primarily mobile internet, within a particular region. These shutdowns can be preventive or reactive in nature, aimed at controlling situations of unrest, communal tensions, civil wars, or riots.
Types of Internet Shutdowns
- Preventive Shutdowns: These are imposed before any potential event takes place. For instance, if there is a risk of communal riots following the circulation of provocative content, authorities may enforce a shutdown to prevent the escalation of the situation.
- Reactive Shutdowns: These are imposed after an event has occurred, and they serve as a quick measure to control law and order situations.
Legal Provisions for Internet Shutdowns
The legal basis for Internet shutdowns in India has evolved over time. Initially, Section 144 of the Code of Criminal Procedure (CrPC) was primarily used to impose shutdowns. However, in 2017, the Government introduced the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, which provide the framework for imposing such shutdowns.
The authority to order Internet shutdowns lies with the Secretary in the Ministry of Home Affairs at the Central Government level. Despite these provisions, there have been criticisms of the widespread and arbitrary nature of Internet shutdowns.
Issues and Criticisms of Internet Shutdowns
- Violation of Fundamental Rights: Internet shutdowns infringe upon the citizens’ fundamental rights of freedom of expression (Article 19) and the right to life and liberty (Article 21). The right to access the Internet is now considered an essential aspect of these rights.
- Lack of Evidence for Efficacy: There is a lack of concrete evidence showing that Internet shutdowns effectively prevent violence or maintain law and order. In some cases, misinformation spreads even more during a shutdown.
- Frivolous Reasons for Shutdowns: Shutdowns have been imposed for trivial reasons, such as preventing cheating in exams. This misuse of shutdowns undermines their intended purpose and causes inconvenience to the public.
- Imposing Authority: The power to order shutdowns should ideally rest with higher-level authorities. However, in practice, district magistrates have often imposed blanket shutdowns without proper justification.
Repercussions of Internet Shutdowns
The repercussions of Internet shutdowns are far-reaching and detrimental. These shutdowns not only curtail civil liberties and constitutional rights but also have significant economic consequences. Businesses suffer losses, and individuals face difficulties in working, accessing healthcare services, education, and basic necessities like food and online deliveries.
Supreme Court’s Observations
The Supreme Court of India has emphasized the importance of preserving access to the Internet. In the Anuradha Bhasin and Faheema Shirin cases, the Court ruled that shutdowns should only be implemented in exceptional circumstances, be temporary, and proportionate to the situation. The Court also emphasized the need for public information when an Internet shutdown is in effect.
Why In News
The widespread violence in Manipur has plunged the entire state into a state of chaos and uncertainty, exacerbating the situation further is the ongoing Internet shutdown, severing vital lines of communication and access to information for its citizens. As the violence continues to unfold, the people of Manipur grapple with the adverse impacts of limited connectivity, hindering their ability to stay informed and connected with the outside world.
MCQs about Internet Shutdowns in Manipur
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What is the primary purpose of Internet shutdowns in Manipur?
A. To prevent communal tensions and civil unrest.
B. To promote economic growth and development.
C. To enhance educational opportunities for the citizens.
D. To encourage free and open internet access.
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Which legal provision allows the imposition of Internet shutdowns in India?
A. Section 144 of the Code of Criminal Procedure (CrPC).
B. Right to Information (RTI) Act, 2005.
C. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
D. Right to Education (RTE) Act, 2009.
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What is the main criticism of Internet shutdowns mentioned in the essay?
A. They result in economic growth and prosperity.
B. They enhance freedom of expression and speech.
C. They violate fundamental rights and civil liberties.
D. They facilitate access to education and healthcare.
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According to the Supreme Court’s observations, when should Internet shutdowns be exercised?
A. Only during exceptional circumstances and temporarily.
B. Whenever authorities deem it necessary without any restrictions.
C. On a long-term basis to ensure complete control.
D. As a permanent measure to maintain law and order.
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