INTERNET SHUTDOWNS

Legal Basis for Internet Shutdowns

1. Primary Law:
   • Governed by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under the Indian Telegraph Act, 1885 (Section 5(2)).
   • Allows authorities to suspend telecom services, including internet access, temporarily during public emergencies or for public safety.
2. Grounds for Shutdown:
   • Public Emergency: Threats to public order (e.g., riots, communal violence).
   • Public Safety: Risks to human life, infrastructure, or national security.

Procedure for Imposing Shutdowns

1. Authority to Issue Orders:
   • Central Government: Union Home Secretary.
   • State Government: State Home Secretary.
   • In “unavoidable circumstances,” lower-ranking officers (e.g., Joint Secretary) can issue orders, but they must be approved by the Home Secretary within 24 hours.
2. Duration:
   • Shutdowns can be imposed for up to 15 days at a time.
   • Extensions require fresh orders following the same procedure.
3. Mandatory Review:
   • A Review Committee must evaluate shutdown orders within 5 working days:
     • Central Orders: Committee headed by the Cabinet Secretary.
     • State Orders: Committee headed by the Chief Secretary.
   • The committee assesses whether the shutdown was justified and complies with legal grounds.
4. Publication of Orders:
   • Post-2020 Supreme Court ruling (Anuradha Bhasin case), shutdown orders must be published publicly to ensure transparency.

Key Criticisms & Concerns

1. Vague Definitions: Terms like “public emergency” and “public safety” are broadly interpreted, leading to misuse (e.g., preventing cheating in exams or suppressing protests).
2. Frequency of Shutdowns:
   • India has the highest number of internet shutdowns globally (e.g., 127 shutdowns in 2023, per Access Now).
   • Longest shutdown: Jammu & Kashmir (552 days from August 2019 to February 2021).
3. Economic & Social Impact:
   • Losses estimated at $2.8 billion from 2012–2022 (Top10VPN).
   • Disrupts education, healthcare, livelihoods, and freedom of expression.
4. Lack of Accountability:
   • No penalties for unlawful shutdowns.
   • Review committees rarely overturn shutdown orders.

Judicial Interventions

1. Anuradha Bhasin v. Union of India (2020):
   • Supreme Court ruled:
     • Internet access is a fundamental right under Article 19 (free speech and trade).
     • Shutdowns must be necessary, proportionate, and time-bound.
     • Orders must be publicly disclosed to enable legal challenges.
   • Impact: Reduced arbitrary shutdowns but enforcement remains inconsistent.
2. Faheema Shirin v. State of Kerala (2019):
   • Kerala High Court recognized internet access as part of the right to education and privacy.

Recent Developments

1. 2023 Amendments:
   • Proposed centralization of shutdown authority under the Union Home Secretary for “national security” (criticized as federal overreach).
2. 5G Rollout & Shutdowns:
   • Activists argue frequent shutdowns undermine India’s digital economy goals.

Global Comparisons

• India’s shutdown frequency contrasts with democracies like the U.S. or EU nations, where shutdowns are rare and require judicial oversight.
• UN Human Rights Council has condemned internet blackouts as violations of international law.

Way Forward

1. Stricter Proportionality Tests: Mandate shutdowns only as a last resort.
2. Judicial Pre-Approval: Require court warrants for shutdowns, except in emergencies.
3. Compensation Mechanisms: For citizens/businesses affected by unlawful shutdowns.
4. Public Consultation: Include civil society in drafting shutdown policies.

Conclusion

While internet shutdowns are framed as tools to maintain public order, their recurrent use highlights systemic issues of opacity and overreach. Balancing security concerns with democratic rights remains a critical challenge, requiring legislative reforms and adherence to the Supreme Court’s proportionality principles.