What is Internet Shutdowns?
Historical Background
Key Points
8 points- 1.
Imposed primarily under Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 or Section 144 of the Code of Criminal Procedure (CrPC).
- 2.
The 2017 Rules specify procedures for temporary suspension of telecom services, requiring orders to be issued by a Secretary to the Government of India (Ministry of Home Affairs) or a Secretary to the State Government (Home Department).
- 3.
Orders must be in writing, state reasons, and be forwarded to a review committee within 24 hours.
- 4.
The review committee, comprising senior officials, must approve or disapprove the order within 5 days.
- 5.
Orders under the 2017 Rules can be in effect for a maximum of 15 days.
- 6.
Section 144 CrPC allows District Magistrates to issue orders in urgent cases of apprehended danger or nuisance, which can include internet suspension.
- 7.
Impacts freedom of speech and expression (Article 19(1)(a)) and freedom to practice any profession, or to carry on any occupation, trade or business (Article 19(1)(g)).
- 8.
India has consistently been among the top countries globally for the number of internet shutdowns imposed annually.
Visual Insights
Evolution of Internet Shutdowns in India
Timeline showing key events and developments related to internet shutdowns in India, including legal frameworks, court judgments, and government actions.
Internet shutdowns have become a common tool for governments to maintain public order, but their legality and impact on fundamental rights have been questioned.
- 2000Information Technology Act enacted, providing a framework for internet regulation
- 2017Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 notified
- 2019Frequent internet shutdowns in Jammu and Kashmir following Article 370 abrogation
- 2020Anuradha Bhasin v. Union of India: SC clarified rules for internet shutdowns, emphasizing proportionality
- 2024Growing concerns about the economic impact of internet shutdowns
- 2026Assam internet shutdown highlights the ongoing debate on balancing security and freedom.
Recent Developments
5 developmentsSupreme Court's Anuradha Bhasin vs. Union of India (2020) ruled that internet access is a fundamental right under Article 19 and that shutdowns must be temporary, necessary, and proportionate.
The Court mandated periodic review of shutdown orders and public disclosure of reasons, except in cases of national security.
Ongoing debates about the balance between national security/public order and fundamental rights in the digital age.
Increased focus on targeted shutdowns (e.g., specific areas) instead of blanket bans, though implementation remains a challenge.
Concerns raised by international bodies and human rights organizations regarding the frequency and duration of shutdowns in India.