What is Internet Shutdowns / Restrictions on Internet Access?
Historical Background
Key Points
8 points- 1.
Primary legal basis: Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, issued under the Indian Telegraph Act, 1885.
- 2.
These rules empower the Secretary to the Government of India in the Ministry of Home Affairs or the Secretary to the State Government in charge of the Home Department to issue orders for temporary suspension of telecom services.
- 3.
Orders must be in writing, state reasons, and be for 'public emergency' or 'public safety'.
- 4.
Orders are valid for a maximum of 15 days and must be reviewed by a committee within 5 days.
- 5.
Section 144 of the Code of Criminal Procedure (CrPC) is also frequently used by District Magistrates to impose internet restrictions, often without explicit mention of telecom services.
- 6.
The Supreme Court in Anuradha Bhasin v. Union of India (2020) ruled that internet access is a fundamental right under Article 19(1)(a) and 19(1)(g), and any restriction must be proportionate, necessary, and for a limited duration.
- 7.
The court mandated that shutdown orders must be published and subject to judicial review.
- 8.
Suspension of VPN services falls under these broader restrictions, as VPNs allow users to bypass geographical restrictions and censorship, potentially undermining the intent of a shutdown.
Visual Insights
Internet Shutdowns in India: A Chronology of Policy & Impact
This timeline illustrates the increasing frequency and formalization of internet shutdowns in India, highlighting key legal frameworks and landmark judicial interventions.
Internet shutdowns have evolved from ad-hoc measures to a formalized tool for maintaining law and order in India. While the state cites security concerns, civil society and the judiciary increasingly emphasize the impact on fundamental rights and the digital economy. The Anuradha Bhasin judgment was a turning point, but challenges in implementation persist.
- Early 2010sSporadic and localized internet shutdowns begin, often under Section 144 CrPC.
- 2016Significant surge in internet shutdowns, particularly in Jammu & Kashmir, often in response to protests and unrest.
- 2017Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules notified, providing a formal legal basis for shutdowns under the Indian Telegraph Act, 1885.
- 2019Longest internet shutdown in J&K following the abrogation of Article 370, lasting over 550 days in some areas.
- 2020Anuradha Bhasin v. Union of India: SC rules internet access is a fundamental right; mandates proportionality, necessity, and limited duration for shutdowns, and publication of orders.
- 2021India continues to lead globally in the number of internet shutdowns, with over 100 recorded annually.
- 2024Increased use of targeted restrictions, including VPN bans, in sensitive regions to control information flow.
- 2025Kishtwar Tensions: VPN services suspended in Kulgam, reflecting ongoing reliance on digital restrictions for law and order.
Internet Shutdowns in India: Key Statistics (as of 2025)
This dashboard presents crucial statistics highlighting India's global position and the impact of internet shutdowns, essential for understanding the scale of the issue.
- Global Rank in Internet Shutdowns
- 1stStable
- Annual Shutdowns (Avg.)
- 100+Slight increase
- Economic Cost (Annual Est.)
- US$ 1.5 Billion+Increasing
- J&K's Share of Shutdowns
- HighestStable
India has consistently topped the global list for the highest number of internet shutdowns for several consecutive years.
The average number of internet shutdowns recorded annually in India remains over 100, indicating a persistent reliance on this measure.
Internet shutdowns severely impact the digital economy, education, and daily life, leading to significant economic losses.
Jammu and Kashmir continues to experience the highest number and longest duration of internet shutdowns compared to any other region in India.
Recent Developments
5 developmentsIndia continues to lead globally in the number of internet shutdowns, with over 100 shutdowns recorded annually in recent years.
The Anuradha Bhasin judgment (2020) provided crucial guidelines, emphasizing proportionality and judicial review, though implementation remains a challenge.
Increased focus on the economic impact of internet shutdowns, affecting businesses, education, and daily life.
Debate on the effectiveness of shutdowns in maintaining law and order versus their impact on fundamental rights and digital economy.
The use of VPN bans is a newer tactic to enforce digital control, particularly in regions with ongoing internet restrictions.