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Longest Internet Shutdowns India

IAS Current Affairs

Longest Internet Shutdowns India

Source: Scroll
GS III: Internal Security

Overview

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  1. News in Brief
  2. What is the impact of Internet Shutdowns in India?
  3. How Internet Shutdowns India Legally Justified?
  4. Anuradha Bhasin vs. Union of India case
  5. Way Forward

Why in the News?

India recorded the highest number of internet shutdowns for a sixth straight year in 2023.

News in Brief
  • A report released by a Virtual Private Network tracker ‘Top 10VPN’ highlighted that internet.
  • A total of 116 internet shutdowns were ordered by the Indian government in the previous calendar year.
  • 283 state-sanctioned shutdowns globally.
  • 65 of the 116 internet shutdowns in 2023 were in response to communal violence.
What is the impact of Internet Shutdowns in India?
  • Internet shutdowns in India, which involve the suspension of internet services in certain regions or across the country.
  • They have become a significant tool employed by authorities.
  • However, these shutdowns come with far-reaching consequences across various sectors.

Outline

  • India, being one of the world’s largest digital economies, has experienced numerous internet shutdowns over the past decade.
  • The rationale behind these shutdowns typically involves maintaining public order, preventing misinformation, or ensuring national security.
  • However, the implications of such measures are profound, impacting economic activities, education, healthcare, and civil liberties.

Economic Impact

  • Internet shutdowns in India have substantial economic repercussions.
  • According to a report by the Indian Council for Research on International Economic Relations (ICRIER), India lost approximately $2.8 billion due to internet shutdowns between 2012 and 2017.
  • The e-commerce sector, heavily reliant on internet connectivity, suffers significant losses during shutdowns.
  • For example, during the 2019 internet shutdown in Jammu and Kashmir, the region experienced an economic loss of over $2.4 billion.
  • Freelancers, small businesses, and the tourism industry were especially hard-hit.
  • A single-day shutdown can push up to 379 people into unemployment in India, according to estimates from the Internet Society’s NetLoss Calculator1.

Educational Disruption

  • The education sector is severely affected by internet shutdowns, especially during the COVID-19 pandemic, when online learning became the norm.
  • In 2019, the shutdown in Jammu and Kashmir led to prolonged educational disruptions, affecting students’ access to online classes, study materials, and examinations.
  • This digital divide exacerbates educational inequalities, particularly in remote areas where internet access is already limited.

Healthcare Implications

  • Access to healthcare services is also hampered during internet shutdowns.
  • Telemedicine services, which became crucial during the pandemic, are disrupted, affecting patients in need of medical consultations and remote diagnoses. In Jammu and Kashmir, the internet shutdown hindered healthcare providers’ ability to coordinate and deliver timely care, impacting overall public health outcomes.

Impact on Civil Liberties

  • Internet shutdowns raise significant concerns regarding civil liberties and human rights.
  • Freedom of expression and the right to information are compromised during such periods.
  • The shutdowns also impede journalists’ ability to report news, limiting the public’s access to vital information. 
How Internet Shutdowns India Legally Justified?

Public Order and Security

  • The primary justification for internet shutdowns is to maintain public order and security.
  • Authorities argue that shutting down internet services prevents the spread of misinformation, incitement to violence, and disruption of law and order during sensitive situations (such as protests, communal tensions, or civil unrest).
  • Section 144 of the Code of Criminal Procedure (CrPC) empowers local magistrates to impose restrictions on gatherings and communication to prevent potential violence or disorder.
  • Internet shutdowns are often implemented under this provision.

Telecom Suspension Rules (2017)

  • The Indian government issued the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. These rules provide a legal framework for internet shutdowns.
  • According to these rules, authorities can order the suspension of telecom services (including internet) in the interest of public safety or during emergencies. The decision is usually made by the district magistrate or higher-ranking officials.

Precedents and Court Orders

  • Courts have upheld the government’s right to impose restrictions on communication networks under certain circumstances.
  • In the Anuradha Bhasin vs. Union of India case (2020), the Supreme Court ruled that internet shutdowns must adhere to the principles of necessity and proportionality.
    • Shutdowns should be the last resort and must be time-bound and narrowly tailored.
Anuradha Bhasin vs. Union of India case

Background:

  • The case was heard by the Supreme Court of India.
  • The petitioners were Anuradha Bhasin, the Executive Editor of Kashmir Times, and Ghulam Nabi Azad, a senior politician.

Key Points from the Judgment:

  • On January 10, 2020, the Supreme Court declared access to the internet a fundamental right under the Indian Constitution.
  • The court emphasized that government-imposed restrictions on internet access must be:
    • Temporary: Shutdowns should not be indefinite.
    • Limited: They should be narrowly tailored to address specific concerns.
    • Lawful: Shutdowns must adhere to existing legal provisions.
    • Necessary: They should be the last resort.
    • Proportionate: The impact on citizens’ rights should be balanced against security concerns.
Way Forward
  • Policy Review: The government should review existing policies regarding internet shutdowns and develop guidelines that balance security concerns with the need to protect economic activities and civil liberties.
  • Transparency: Authorities should ensure transparency and accountability in the decision-making process for internet shutdowns. This includes clear communication of the reasons and expected duration of shutdowns.
  • Technological Solutions: Investing in technologies that can help manage misinformation and public order without resorting to complete shutdowns can be a more effective and less disruptive approach.
  • Judicial Oversight: Greater judicial oversight can help ensure that internet shutdowns are used only when absolutely necessary and in a manner that minimizes harm to the public.

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