India has been tagged as the capital of world internet shutdown.
Background
India saw more instances of Internet shutdown than the year preceding it.
India’s Internet restrictions also accounted for more than 70% of the total loss to the global economy in 2020, and India remains infamous as the Internet shutdown capital of the world.
Since the revocation of Article 370 in 2019, many parts of Jammu and Kashmir have been under lockdown with no internet and movement restrictions.
It was justified by the Central Government that the restrictions were based on the state's volatile history, threat of an uprising, law and order, national security and possible misuse of the internet for propagation of terror activities and incitement of the general public.
However, the people have argued that such blanket restrictions violate the fundamental right and are unconstitutional.
Also, restrictions of such a wide scale for a period spanning over three months can be invoked only by declaring an emergency under Article 352 of the Constitution.
Such restrictions cannot be imposed through Section 144 of the Code of Criminal Procedure.
A declaration of emergency under Article 352 can curb the internet facilities which will be subjected to periodic review of the Parliament, and that way possibilities of abuse could be checked.
Court’s observations
Anuradha Bhasin vs Union of India, where the top court also ruled that any restriction on Internet access by the Government must be temporary, limited in scope, lawful, necessary and proportionate.
On Internet shutdown the Supreme Court opined that Freedom of speech and expression through the medium of internet is a fundamental right under Article 19(1)(a) of the Constitution.
Freedom of trade and commerce through the internet is also a constitutionally protected right under Article 19(1)(g).
Suspension of internet for indefinite period not permissible.
It can only be for a reasonable duration and periodic review should be done.
Kerala high court’s judgement in Faheema Shirin v/s State of Kerala, where the right to internet access was recognised as a fundamental right forming a part of the right to privacy and the right to education under Article 21 of the constitution.
Considering these issues, it is not surprising that the Supreme Court, in Anuradha Bhasin, permitted the Government to restrict Internet access only in limited circumstances.
Internet Shutdowns
India tops the list of Internet shutdowns globally.
According to Software Freedom Law Center’s tracker, there have been 381 shutdowns since 2012, 106 of which were in 2019.
The shutdown in Kashmir after Article 370 was the longest ever in any democratic country.
Legislative provisions on suspension of Internet services are dealt with under the Information Technology Act, 2000, the Criminal Procedure Code (CrPC), 1973 and the Telegraph Act, 1885
India lost over $1.3 billion in internet shutdowns across the country in 2019 — making it the third-most economically affected country after Iraq and Sudan.
The shutdown is based on analysis of intelligence inputs.
This is a preventive measure used by the law & order administration as a last resort to address mass protests, civil unrest, so as to ensure peace.
In certain extreme situations where rumours through social media start playing a disruptive role, it may become necessary to have internet shutdowns.
International protocols on internet shutdown
In 2016, the United Nations Human Rights Council released a non-binding resolution condemning intentional disruption of internet access by governments.
The UN resolution on internet shutdown rea rmed that "the same rights people have o ine must also be protected online".
Challenges Associated
In 2020, the Indian economy su ered losses to the tune of $2.8 billion due to 129 separate instances of Internet suspension, which a ected 10.3 million individuals.
The Internet is a source of information, entertainment, health care, education, livelihood and a platform for the members of Indian society to interact with each other and the world at large.
Internet activists, law experts, and human rights agencies suggest that there is no
real evidence of Internet shutdown actually helping in preventing mass protests or civil unrest. Crashing developing and emerging economies.
The most vulnerable individuals are being hit the hardest.
Many of the young saw their careers permanently damaged by the internet
Internet shutdowns make human rights a hostage to the whims of the executive: the fundamental rights to speech, conduct business, access healthcare, express dissent, and movement of the people in a state, are compromised.
Shutting the internet results in an information blackout that can also create hysteria, panic and can result in even more discord and mob
Internet shutdown is also causing digital divide and disparity in education especially in the instances of COVID 19 pandemic.
