Internet Suspensions in India – The great Indian Internet shutdown

Source: The post internet suspensions in India has been created, based on the article “The great Indian Internet shutdown: how access to the world wide web is curtailed” published in “The Hindu” on 1st February 2024.

UPSC Syllabus Topic: GS Paper2- Polity- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

News: The article discusses how the Indian government frequently shuts down the internet, which violates a Supreme Court ruling and negatively impacts the economy and public trust.

What was Anuradha Bhasin judgment?

Recognition of Internet as a Fundamental Right: The Anuradha Bhasin judgment, in January 2020 by the Supreme Court of India, declared that access to the Internet is a fundamental right under the Indian Constitution.

Context of the Judgment: This decision came from the case Anuradha Bhasin vs Union of India, which was in response to internet restrictions in Jammu and Kashmir.

Conditions for Internet Restrictions: The Court ruled that any government restriction on internet access must be temporary, lawful, necessary, and proportionate.

Review of Restrictions: The ruling emphasized that government orders to restrict internet access are subject to judicial review.

Expectation of Limited Suspensions: The judgment was expected to limit internet suspensions to extreme cases involving public emergencies or safety threats.

What actions have been taken by the Parliament in relation to internet suspensions in India?

Amendment to Telecom Suspension Rules in 2020: The Indian Parliament amended the Telecom Suspension Rules, 2017, following the Supreme Court’s judgment. This amendment limited Internet suspension orders to a maximum of 15 days. The amendment did not mandate the publication of suspension orders, nor did it include the Supreme Court’s direction for periodic review of these orders.

Non-Statutory Recognition of Court Rulings: The government has not given statutory recognition to the Supreme Court’s directives in the Anuradha Bhasin judgment, leading to a lack of awareness and compliance among officials.

What is the issue with internet suspensions in India?

Violation of Supreme Court Ruling: Despite the Anuradha Bhasin judgment declaring internet access a fundamental right, India frequently imposes internet shutdowns.

Lack of Transparency in Suspension Orders: The government often fails to publish the reasons for internet shutdowns, undermining legal processes and public trust.

Challenges in Legal Redressal: Without publicly available suspension orders, it’s difficult for citizens to challenge shutdowns in court.

Non-Compliance Across India: Compliance with the Anuradha Bhasin judgment is low nationwide, not just in Jammu and Kashmir.

What are the impacts of internet suspensions in India?

Economic Losses: In 2020, India suffered a $2.8 billion economic loss due to 129 internet suspensions.

Effect on Individuals: Around 10.3 million people were affected by these shutdowns.

Disruption in Daily Life: Internet suspensions hinder access to information, healthcare, education, and livelihood opportunities.

Psychological and Social Impact: They cause psychological stress and hinder social and journalistic activities.

Exacerbates Inequality: The majority of users rely on mobile data (97.02% as per 2019 TRAI report), so suspensions disproportionately affect those without broadband access.

Undermines Democracy: Internet shutdowns are often used to suppress democratic exercises like protests, limiting freedom of expression and access to information.

Way forward

The way forward includes more faithful compliance with the Supreme Court’s guidelines by the executive government. This adherence is essential for maintaining transparency in issuing and publishing suspension orders, which is crucial for upholding fundamental rights. Such steps will also contribute to reducing economic losses and shedding India’s tag as the “internet shutdown capital” of the world, thereby fulfilling the potential of Digital India.

Question for practice:

Discuss the key points and implications of the Anuradha Bhasin judgment and the actions taken by the Indian Parliament in relation to internet suspensions in India.