Internet Shutdown in India, Reasons, Rules, Laws and Orders

Internet Shutdown in India: In 2022, governments in 35 countries resorted to internet shutdowns on at least 187 occasions, as reported by the US digital rights advocacy group Access Now for the #KeepItOn coalition. India emerged as the leading country in terms of documented shutdowns, accounting for approximately 58% of the total. With 84 shutdowns, India surpassed all other nations in this regard. This article aims to provide you with complete details related to the Internet Shutdown in India and why this topic is important for the UPSC exam.

Internet Shutdown in India

• There are many reasons why Internet shutdowns are imposed. For around 40­-50% of them, the official reason is communal tensions
• Shutdowns are also imposed during protests
• Sometimes, to prevent cheating during exams
• Due to religious processions
• Sometimes, preventive shutdowns are also imposed before an event takes place. For eg- the circulation of a tailored video in Udaipur
• A shutdown imposed after an event takes place on the other hand is known as a reactive shutdown

Internet be balanced with maintaining law and order?

• In Anuradha Bhasin vs Union of India, the Supreme Court of India ruled that an indefinite suspension of internet services would be illegal under Indian law and that orders for internet shutdown must satisfy the tests of necessity and proportionality.
• Shutdowns should be exercised only in situations that require exceptional control and surveillance
• shutdown needs to be temporary, limited in scope, lawful and proportionate (Supreme Court)
• Article 92says that reasonable restrictions should be imposed wherever necessary
• The grounds for imposition should include a threat to the nation, to national sovereignty, integrity, and defense, or to avoid incitement to, or commission of, a cognizable offense.

Rules for Internet Shutdown in India

• The Information Technology Act, of 2000 – allows for website blocking to maintain the sovereignty, and integrity of India or the defense of the country.
• Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 notified under the Indian Telegraph Act, 1885.  The 2017 Rules provide for a temporary shutdown of telecom services in a region for up to 15 days at once.

Effects of Internet Shutdown in India

• To impose an Internet shutdown is to essentially curb a fundamental right i.e., imposition of an Internet shutdown breaches the fundamental rights.
• Those who are working over the Internet are not able to work which leads to a loss of productivity
• Access to services as telemedicine gets halted
• Students who are learning in online mode are also not able to study due to the shutdown.
• Those who are dependent on food delivery apps for their food are not able to have their meals.
• Often there is no public information about a shutdown
• Sometimes, people even lose out on scholarships or years of study due to shutdowns

Some instances and repercussions of Internet Shutdown

Data compiled by global digital rights group Access Now and the #KeepItOn coalition reveals that India implemented at least 84 shutdowns in 2022, the most of any country for a year.

The Parliamentary Standing Committee on Communication and Information Technology headed by Lok Sabha MP Prataprao Jadhav noted: “It is surprising to note that records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA and both the Ministries/Departments are not aware of the number of internet shutdowns imposed by the States.”

In J&K, the government said in January 2020 that it would whitelist some websites and allow access to them through 2G. This was an impractical solution because half the websites don’t load on 2G. And if there are whitelisted websites, it’s a problem. A bank’s website could be whitelisted, but if you try to access your account information that is hosted on a different domain, you cannot.

India is the only country in the coveted group of G-20 countries that has imposed an internet shutdown more than twice. Russia and Brazil are the other two courtiers that enforced two and one internet shutdowns respectively in 2022.

Way Forward

• A lot of businesses and livelihoods depend on the Internet today. Therefore, there needs to be some solution for such situations
• There could be certain services to which we can continue to have access, if possible, even during the shutdown
• Certain websites could be blocked instead of a complete shutdown.
• Healthcare or education services could remain accessible

Conclusion

India is a largely informal economy, so it’s hard to calculate the exact economic cost of a shutdown. But if attention is to be paid to the impact of the internet shutdown, the government would release the need to look into the alternatives of blanket shutdowns of the internet.

Practice question on Internet Shutdown in India

Which among the following acts have any provisions related to the halt or shutdown of the internet by the government?

1. IT Act, 200
2. Unlawful Activities (Prevention) Act, 2019
3. Indian Telegraph Act, 1885

Select the correct answers from the codes given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans. (b) 1 and 3 only

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