It has become common for law enforcement and government officials to cut off the Internet during moments of tension.
With rise in such instances in the recent period, here is a look at the trend, the legal provisions, and the implications in regards to internet shutdowns.
What are the recent instances?
The Delhi-based non-profit Software Freedom Law Centre (SFLC) tracks these shutdowns nationally.
It says there have been 55 internet blockades in J&K in 2019.
There were 11 in Rajasthan in the same period.
Network disruptions have also become increasingly common around the world.
The Iranian government recently ordered near-complete suspension of internet services as a response to protests over a hike in petrol prices.
Between mid-2015 to mid-2016, over 19 countries suspended internet access.
The number increased to more than 30 in 2017.
However, it is India that has the distinction of witnessing the most number of shutdowns in the world.
According to an estimate, in 2018, of the 196 internet shutdowns collated from 25 countries, India was responsible for the majority.
With 134 incidents, 67% of the world’s documented shutdowns took place in India, in 2018.
How has the trend been?
Most often, the internet shutdown orders restrict only mobile data services.
This is because, 95.13% of Indian internet users access the internet over mobile networks (phones and dongles).
In terms of duration, the longest-running shutdown was in the erstwhile state of J&K in 2016.
Services remained suspended for nearly 5 months after the death of Hizb-ul-Mujahideen commander Burhan Wani.
This is followed by the ongoing shutdown in the valley since 5 August, 2019 (when special status was revoked).
The third longest was a 100-day shutdown in West Bengal’s Darjeeling in June 2017 linked to the agitation for Gorkhaland.
Limitations - SFLC’s primary sources to track shutdowns are RTI (right to information) applications, news reports and citizen reporting on its website.
But, several shutdowns are not reported in the news.
Moreover, even RTI is not a reliable method as many states deny giving information under Section 8 of the RTI Act.
Estimates then are, in fact, limited, especially given that there is no centralized count of internet shutdowns in India.
What are the legal provisions?
Until 2 years ago, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
This gave the police and district magistrate powers to prevent unlawful gatherings of people and “direct any person to abstain from a certain act".
However, in August 2017, the Centre promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
It did this under the authority granted to it by the Indian Telegraph Act, 1885.
These rules trace the legal source of the power to issue shutdown orders to the Union home secretary or the secretary in charge of the home department in a state.
This order must then be forwarded to a review committee, which is required to decide on its reasonability within 5 working days.
What are the concerns with 2017 rules?
The 2017 Shutdown Rules result in arbitrary shutdown orders due to inadequate oversight and safeguards.
In effect, a specific legal basis for internet shutdowns has enhanced the general power under Section 144 of the CrPC, rather than displacing it.
The telecom service providers (TSPs) suffer heavy losses with every shutdown.
TSPs have little option but to comply.
In India, TSPs’ licence can be cancelled or a penalty of up to Rs. 50 crore per service area imposed for every violation.
The 2017 rules also list the circumstances under which the government may order shutdowns.
These include situations of public emergency, or to ensure public safety.
Over the years, these have been invoked in a variety of circumstances, including conflict, militancy, caste and communal uprisings, or protests.
How significant has internet become, and what are the implications of a shutdown?
Education is now inextricably linked to the internet.
Enabling students to have access to internet will only enhance opportunities of students to acquire knowledge from all available sources.
The Kerala high court too acknowledged this in the case involving Faheema Shirin, an 18-year-old BA student.
She filed a petition seeking to set aside the rule that denied internet access to women students at night in her hostel.
Womensafety - The Kashmir Women’s Collective (KWC) is an organization in the valley that helps women who are targets of violence, domestic or otherwise, and familial disputes.
The team counsels complainants, who reach out primarily via Facebook.
It helps them pursue legal recourse or provides support through other channels.
With communication shutdown in J&K after Centre’s decision to revoke special status, services as the above came to a standstill.
The gendered impact of a communication blockade, especially in areas ridden with conflict, is often missed in the clamor of politics.
Human right - For a lot of people, the internet has become a very vital way to connect them to their professional and personal lives.
In 2016, the UN declared that access to the internet is a human right.
Democracy - The internet today is a platform where dissent can be registered meaningfully.
It createsa democratized space cutting across distinctions of caste, class and gender in an unprecedented way.
Also, many of the schemes rolled out by the government are linked to the internet.
Financial - The financial setback as a result of internet shutdowns can be crippling for businesses both in the formal and informal sectors.
The internet shutdowns in India between 2012-17 cost the economy approximately $3.04 billion (around Rs. 21,584 crore).
