India top’s Internet shut down

India top’s Internet shut down

Subject: Polity

Sec:

For five straight years, India has topped the global list of countries imposing internet bans, with about 60% of all blackouts recorded in the world, between 2016 and 2022 having been in India.

What does the law say?

• Indian States and Union Territories can impose an internet shutdown only in case of a “public emergency” or in the interest of “public safety”, according to the Indian Telegraph Act. However, the law does not define what qualifies as an emergency or safety issue
• These rules – the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) rules – stated that internet shutdowns can now only be ordered by the home secretary of the union or state governments.
• The rules also say that only in “unavoidable circumstances”, the passing of orders can be delegated to someone not lower than the rank of a joint secretary to the government of India. And even in this case, the official must be authorized by the centre or state home secretary.
• Shutdowns could be ordered where “necessary” or “unavoidable”, during a “public emergency” or in the “interest of public safety”.
• Regarding Internet shutdowns, Supreme Court in the case of Anuradha Bhasin explicitly recognised two things:
  • that the freedom to access information is a fundamental right under Article 19(1)(a) of the constitution;
  • and that the freedom to conduct your trade, profession or business over the internet is also a fundamental right under Article 19(1)(g).
• These rights which are enshrined in the constitution, can only be curtailed in the interest of the “sovereignty and security of the state, integrity of the nation, friendly relations with foreign states, or public order or for preventing incitement to the commission of an offence.
• Additionally, most orders for shutdown apply to mobile internet, not broadband. Thus, these shutdowns disproportionately affect those from lower income groups.