Kishtwar Tensions Lead to Arrests and VPN Suspension Amid Communal Flare-up
Communal clash in Kishtwar leads to arrest and controversial VPN suspension, raising digital rights concerns.
Photo by Ramneek Singh
Kishtwar district in Jammu and Kashmir experienced communal tensions after a clash between two communities, sparked by a log falling near a madrasa. This incident quickly escalated to stone-pelting, resulting in minor injuries.
Authorities arrested one person for allegedly spreading communal tension via social media, claiming the incident was an 'attack on a religious place.' Crucially, the Deputy Commissioner of Kulgam ordered the immediate suspension of Virtual Private Network (VPN) services, citing security concerns and potential misuse. This move, while aimed at maintaining law and order, raises significant questions about digital rights, freedom of expression, and the state's power to restrict internet access during sensitive situations, a recurring theme in J&K.
Key Facts
Communal clash in Kishtwar, J&K
One person arrested for spreading communal tension on social media
VPN services suspended in Kulgam district
Incident sparked by a log falling near a madrasa
UPSC Exam Angles
Constitutional Law: Article 19 (Freedom of Speech and Expression, Right to Internet as a facet), Article 21 (Right to Life and Personal Liberty), reasonable restrictions.
Governance & Administration: Role and powers of District Magistrates/Deputy Commissioners in maintaining law and order (e.g., under CrPC), state's power to regulate telecom services.
Digital Rights & Cyber Law: Balancing national security with digital rights, legal framework for internet shutdowns (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017), misuse of social media, IT Act.
Judicial Review: Supreme Court's pronouncements on internet access (e.g., Anuradha Bhasin v. Union of India).
Visual Insights
Kishtwar Tensions & Internet Restrictions in J&K
This map illustrates the location of Kishtwar and Kulgam districts in Jammu & Kashmir, where recent communal tensions and subsequent VPN suspensions occurred. It highlights J&K as a region frequently impacted by internet shutdowns.
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Background
Latest Developments
Practice Questions (MCQs)
1. Consider the following statements regarding internet shutdowns in India: 1. The power to order temporary suspension of telecom services, including internet, is primarily governed by the Information Technology Act, 2000. 2. The Supreme Court, in the Anuradha Bhasin case, declared that the right to access the internet is a fundamental right under Article 19(1)(a) of the Constitution. 3. Orders for internet shutdowns must be published and are subject to judicial review. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect. The power to order temporary suspension of telecom services is primarily governed by the 'Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017', framed under the Indian Telegraph Act, 1885. The IT Act, 2000 deals with cybercrimes and electronic governance, not general telecom suspension. Statement 2 is correct. In the Anuradha Bhasin v. Union of India (2020) case, the Supreme Court held that the right to freedom of speech and expression and the right to carry on any trade or business over the internet are constitutionally protected under Article 19(1)(a) and 19(1)(g) respectively. Statement 3 is correct. The Anuradha Bhasin judgment also mandated that any order for internet suspension must be temporary, necessary, proportionate, and subject to judicial review. It also emphasized that such orders must be published.
2. In the context of maintaining law and order in a district, which of the following statements correctly describes the powers and responsibilities of a District Magistrate/Deputy Commissioner? 1. The District Magistrate is primarily responsible for the collection of revenue and implementation of development schemes, with law and order being solely under the Superintendent of Police. 2. Under Section 144 of the Code of Criminal Procedure (CrPC), a District Magistrate can issue orders to prevent obstruction, annoyance, or danger to human life, health, or safety, or a disturbance of the public tranquility. 3. The District Magistrate has the power to direct the suspension of internet services in cases of public emergency or public safety, subject to review by a committee. Select the correct answer using the code given below:
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect. While the District Magistrate (DM) or Deputy Commissioner (DC) is indeed responsible for revenue collection and development, they also hold significant powers and responsibilities for maintaining law and order in the district, acting as the chief executive head. The Superintendent of Police (SP) works under the overall supervision of the DM/DC for law and order. Statement 2 is correct. Section 144 of the CrPC empowers a DM, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government to issue orders in urgent cases of nuisance or apprehended danger. These orders can prohibit assembly of persons, carrying of weapons, etc., to maintain public tranquility. Statement 3 is correct. As per the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, orders for temporary suspension of telecom services (including internet) can be issued by the Secretary to the Ministry of Home Affairs at the Central level, or by the Home Secretary of the State/UT. In unavoidable circumstances, an officer not below the rank of a Joint Secretary to the Government of India (in the MHA) or a Secretary to the State Government (in the Home Department) can issue such orders. However, in practice, District Magistrates often issue such orders under their general powers to maintain public order, which are then ratified or reviewed. The news itself states the DC of Kulgam ordered the VPN suspension, implying such authority is exercised at the district level, subject to higher review.
3. Which of the following is NOT a ground for reasonable restriction on the freedom of speech and expression under Article 19(2) of the Indian Constitution?
- A.Sovereignty and integrity of India
- B.Public order
- C.Contempt of court
- D.Right to privacy
Show Answer
Answer: D
Article 19(2) of the Indian Constitution lists the specific grounds on which reasonable restrictions can be imposed on the freedom of speech and expression. These grounds are: sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence. 'Right to privacy' (protected under Article 21) is not a ground for restricting freedom of speech and expression under Article 19(2). While freedom of speech might sometimes conflict with privacy, privacy itself is not a ground to restrict speech; rather, defamation or incitement to an offence might be relevant if privacy is violated in a specific manner.