Internet Shutdowns in India

Why in NEWS?

On December 10, 2024, the Union government informed the Supreme Court about its directives to State chief secretaries to follow the Court’s rulings on internet shutdowns. Despite this, compliance with the landmark Anuradha Bhasin vs Union of India (2020) judgment remains inconsistent.

Relevance for UPSC Exam

Prelims:

  • Landmark judgment: Anuradha Bhasin vs Union of India (2020).
  • Key provisions of the Telecom Suspension Rules, 2017.

Mains (GS-II):

  • Governance: Balancing national security and civil liberties.
  • Judiciary: Role in upholding fundamental rights.
  • Polity: Challenges in implementing judicial directions.

Essay:

  • Topics like “Digital Rights in India” or “Balancing Security and Freedom in a Digital Age”.

The Anuradha Bhasin Judgment (Internet Shutdown): Key Takeaways

  • Declared internet access as a fundamental right under Article 19 of the Indian Constitution.
  • Restrictions must adhere to the principles of:
    • Temporariness: Limited in time.
    • Necessity: Imposed only in exceptional situations of public emergency or safety.
    • Proportionality: Balancing state interests and individual rights.
    • Legality: Issued under a valid legal framework and subject to judicial review.
  • Mandated publication of internet suspension orders to ensure transparency and facilitate judicial redress.

Ground Reality of Internet Shutdown: Persistent Non-Compliance

a. Rising Internet Shutdowns

  • India: The Internet Shutdown Capital:
    • Accounts for 70% of global losses due to shutdowns in 2020.
    • Witnessed more instances of shutdowns post-judgment than before.
  • Example:
    • Jammu & Kashmir (J&K): Multiple shutdowns post Syed Ali Shah Geelani’s death and during protests.
    • Haryana: Internet was suspended in districts amid farmer protests without proper publication of orders.

b. Lack of Transparency

  • Non-publication of Orders:
    • Many shutdown orders are not uploaded on government websites, making them difficult to challenge.
    • Delays in publication undermine judicial scrutiny.
  • Undermining Trust:
    • Non-disclosure of reasons erodes public confidence in the government and creates a trust deficit.

c. Weak Statutory Framework

  • Amendments to the Telecom Suspension Rules, 2017:
    • Limited suspension orders to 15 days but failed to include obligations like periodic review or mandatory publication.
  • Lack of awareness among officials:
    • Example: Meghalaya’s RTI reply revealed ignorance of the Anuradha Bhasin ruling, even eight months after the judgment.

Socio-Economic Impacts of Internet Shutdowns

a. Economic Costs

  • $2.8 billion loss in 2020 due to 129 shutdowns, affecting over 10 million individuals.
  • Disrupts businesses reliant on digital platforms, particularly small-scale enterprises.

b. Social and Psychological Effects

  • Internet shutdowns disrupt access to:
    • Healthcare and education.
    • Information and communication in emergencies.
  • Creates isolation and anxiety among affected populations.

c. Unequal Burden

  • Mobile internet constitutes 97% of total users (TRAI 2019).
  • Shutdowns disproportionately affect those from lower socio-economic backgrounds, lacking access to broadband.

Policy and Governance Challenges

a. Justifications for Shutdowns

  • Governments often cite public safety or law and order concerns, such as controlling “provocative material on social media.”
  • However, such restrictions are often speculative and may stifle democratic protests and freedom of expression.

b. Failure to Verify Rumors

  • Shutdowns inhibit the use of the internet to debunk misinformation, ironically worsening the problem they aim to resolve.

Way Forward

a. Strengthening Legal Framework

  • Amend the Telecom Suspension Rules to include:
    • Mandatory publication of orders.
    • Periodic review mechanisms.
    • Clear adherence to Anuradha Bhasin guidelines.

b. Enhancing Awareness

  • Conduct regular training for officials on Supreme Court rulings and statutory obligations.

c. Promoting Transparency

  • Ensure real-time publication of shutdown orders on government websites to enable timely legal challenges.

d. Encouraging Judicial Oversight

  • Courts should enforce accountability by imposing penalties for non-compliance with publication and proportionality requirements.

Conclusion

India’s global reputation as the “internet shutdown capital” undermines its Digital India vision. Faithful adherence to the Anuradha Bhasin judgment and greater transparency in implementing internet restrictions are essential for protecting fundamental rights, promoting trust in governance, and ensuring equitable access to digital resources.

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