Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Context: Internet services suspended for 24 hours in Odisha’s Malkangiri district after tribal-Bengali clash over woman’s killing; Section 163 BNSS imposed, houses torched in two villages.
Judicial Milestones in Protecting Internet Rights
- Faheema Shirin v. State of Kerala (2019): Kerala High Court recognised the right to internet access as part of the right to life under Article 21.
- Anuradha Bhasin v. Union of India (2020): Supreme Court affirmed internet freedom as integral to Article 19(1)(a). It held that any restriction must satisfy Article 19(2) and follow principles of proportionality. Government must publish all shutdown orders.
Legal Provisions Governing Internet Shutdowns
- Code of Criminal Procedure (CrPC), 1973
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- Until 2017, shutdowns were issued under Section 144 CrPC (now Section 163 BNSS), empowering District Magistrates to prevent unlawful assemblies and restrict activities.
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- Telecommunications Act, 2023
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- Authorises temporary suspension of internet services for public safety and law-and-order concerns.
- Implements suspension through Telecommunications (Temporary Suspension of Services) Rules, 2024, framed under Section 20(2).
- Section 14(4) governs shutdown of telecom networks except during natural disasters or public emergencies.
- Repealed the Indian Telegraph Act, 1885, earlier used for suspensions.
- Constitutional Provision
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- Article 19(2) permits reasonable restrictions on free speech for sovereignty, public order, and security.
Arguments Supporting Shutdowns
- National security and counter-insurgency: e.g., repeated shutdowns in J&K after Article 370 abrogation (2019).
- Preventing communal violence: e.g., Manipur (2023) ethnic clashes; Haryana (2023) disturbances.
- Curbing misinformation and hate speech: e.g., Delhi riots (2020).
- Maintaining law and order: during anti-CAA and farm law protests.
- Preventing mass cheating: e.g., REET exam in Rajasthan (2021).
Arguments Against Shutdowns
- Economic losses: India lost $1.9 billion and $118 million in FDI in first half of 2023 alone.
- Job losses: A one-day shutdown can push 379 people into unemployment.
- Rights violations: restricts free speech, access to information, and hampers media freedom.
- Impact on women and vulnerable groups: limits ability to report crimes and access justice.
- Disruption of essential services: severely affects education, telemedicine and emergency response.
Parliamentary Standing Committee Recommendations (2021)
- Adopt global best practices and define clear grounds for shutdowns.
- Establish proportionality norms and clear procedures for withdrawal.
- Create a more inclusive Review Committee, adding retired judges and public representatives.
- Enable selective service restrictions instead of blanket shutdowns.
- Conduct evidence-based studies on effectiveness of shutdowns.
