Context: India is referred to as the “world’s Internet shutdown capital” due to frequent instances of Internet suspension.
Relevance: GS 2(Governance), GS 3( Internal Security)
Supreme Court Ruling:
- In Anuradha Bhasin vs Union of India (2020), the Supreme Court recognized the Internet as a fundamental right under the Indian Constitution.
- The ruling stated that any restriction on Internet access must be temporary, lawful, necessary, and proportionate, and subject to judicial review.
Government Compliance Issues:
- Non-compliance: States often fail to follow Supreme Court guidelines, with shutdown orders not being promptly published, hindering judicial review.
- Statutory Gaps: 2020 amendments to the Telecom Suspension Rules did not mandate the publication or periodic review of shutdown orders, weakening enforcement.
Impact of Internet Shutdowns:
- Economic Loss: In 2020, $2.8 billion was lost due to 129 instances of Internet suspension, affecting over 10 million individuals.
- Disruption to Daily Life: Shutdowns disrupt education, healthcare, livelihoods, and access to information, highlighting the Internet’s role in modern life.
- Psychological, Social, and Journalistic Harm: Limitation of access leads to significant social and psychological impacts, affecting news dissemination, communication, and emergency help-seeking.
- Socio-economic Disparities: Mobile data restrictions disproportionately affect lower socio-economic classes, as the majority of users rely on mobile data rather than broadband.
Call for Reform:
- Increased Compliance: Emphasize adherence to Supreme Court guidelines to prevent arbitrary shutdowns, ensuring transparency and accountability.
- Statutory Support: Advocate for statutory recognition of Supreme Court directions to ensure government compliance.
- Limitations: Internet shutdowns should be rare and only in clear public emergencies to avoid stifling protests or dissent.
