Internet Shutdowns in India

What is the issue?

• It has become common for law enforcement and government officials to cut off the Internet during moments of tension.
• With rise in such instances in the recent period, here is a look at the trend, the legal provisions, and the implications in regards to internet shutdowns.

What are the recent instances?

• The Delhi-based non-profit Software Freedom Law Centre (SFLC) tracks these shutdowns nationally.
• It says there have been 55 internet blockades in J&K in 2019.
• There were 11 in Rajasthan in the same period.
• Network disruptions have also become increasingly common around the world.
• The Iranian government recently ordered near-complete suspension of internet services as a response to protests over a hike in petrol prices.
• Between mid-2015 to mid-2016, over 19 countries suspended internet access.
• The number increased to more than 30 in 2017.
• However, it is India that has the distinction of witnessing the most number of shutdowns in the world.
• According to an estimate, in 2018, of the 196 internet shutdowns collated from 25 countries, India was responsible for the majority.
• With 134 incidents, 67% of the world’s documented shutdowns took place in India, in 2018.

How has the trend been?

• Most often, the internet shutdown orders restrict only mobile data services.
• This is because, 95.13% of Indian internet users access the internet over mobile networks (phones and dongles).
• In terms of duration, the longest-running shutdown was in the erstwhile state of J&K in 2016.
• Services remained suspended for nearly 5 months after the death of Hizb-ul-Mujahideen commander Burhan Wani.
• This is followed by the ongoing shutdown in the valley since 5 August, 2019 (when special status was revoked).
• The third longest was a 100-day shutdown in West Bengal’s Darjeeling in June 2017 linked to the agitation for Gorkhaland.

• Limitations - SFLC’s primary sources to track shutdowns are RTI (right to information) applications, news reports and citizen reporting on its website.
• But, several shutdowns are not reported in the news.
• Moreover, even RTI is not a reliable method as many states deny giving information under Section 8 of the RTI Act.
• Estimates then are, in fact, limited, especially given that there is no centralized count of internet shutdowns in India.

What are the legal provisions?

• Until 2 years ago, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
• This gave the police and district magistrate powers to prevent unlawful gatherings of people and “direct any person to abstain from a certain act".
• However, in August 2017, the Centre promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
• It did this under the authority granted to it by the Indian Telegraph Act, 1885.
• These rules trace the legal source of the power to issue shutdown orders to the Union home secretary or the secretary in charge of the home department in a state.
• This order must then be forwarded to a review committee, which is required to decide on its reasonability within 5 working days.

What are the concerns with 2017 rules?

• The 2017 Shutdown Rules result in arbitrary shutdown orders due to inadequate oversight and safeguards.
• In effect, a specific legal basis for internet shutdowns has enhanced the general power under Section 144 of the CrPC, rather than displacing it.
• The telecom service providers (TSPs) suffer heavy losses with every shutdown.
• TSPs have little option but to comply.
• In India, TSPs’ licence can be cancelled or a penalty of up to Rs. 50 crore per service area imposed for every violation.

• The 2017 rules also list the circumstances under which the government may order shutdowns.
• These include situations of public emergency, or to ensure public safety.
• Over the years, these have been invoked in a variety of circumstances, including conflict, militancy, caste and communal uprisings, or protests.

How significant has internet become, and what are the implications of a shutdown?

• Education is now inextricably linked to the internet.

• Enabling students to have access to internet will only enhance opportunities of students to acquire knowledge from all available sources.
• The Kerala high court too acknowledged this in the case involving Faheema Shirin, an 18-year-old BA student.
• She filed a petition seeking to set aside the rule that denied internet access to women students at night in her hostel.
• Women safety - The Kashmir Women’s Collective (KWC) is an organization in the valley that helps women who are targets of violence, domestic or otherwise, and familial disputes.
• The team counsels complainants, who reach out primarily via Facebook.
• It helps them pursue legal recourse or provides support through other channels.
• With communication shutdown in J&K after Centre’s decision to revoke special status, services as the above came to a standstill.
• The gendered impact of a communication blockade, especially in areas ridden with conflict, is often missed in the clamor of politics.
• Human right - For a lot of people, the internet has become a very vital way to connect them to their professional and personal lives.
• In 2016, the UN declared that access to the internet is a human right.
• Democracy - The internet today is a platform where dissent can be registered meaningfully.
• It creates a democratized space cutting across distinctions of caste, class and gender in an unprecedented way.
• Also, many of the schemes rolled out by the government are linked to the internet.
• Financial - The financial setback as a result of internet shutdowns can be crippling for businesses both in the formal and informal sectors.
• The internet shutdowns in India between 2012-17 cost the economy approximately $3.04 billion (around Rs. 21,584 crore).

Source: Indian Express