Syllabus: GS2/Polity and Governance
Context
- As per a report, India imposed 65 internet shutdowns in 2025, the lowest number recorded in the country since 2017.
- Globally, the Asia Pacific region accounted for the majority of these disruptions, with 195 shutdowns across 11 countries.
Legal Provisions Relating to Internet Shutdown
- Grounds: Indian States and Union Territories can impose an internet shutdown only in case of a “public emergency” or in the interest of “public safety”, according to the Indian Telegraph Act.
- However, the law does not define what qualifies as an emergency or safety issue.
- Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of Criminal Procedure (CrPC).
- Section 144 of CrPC gave the police and the District Magistrate the powers in order to prevent unlawful gathering of people and also to direct any person to abstain from a certain activity.
- In 2017, the law was amended and the Government promulgated the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rule 2017.
- These rules outline the procedures and conditions under which internet services can be temporarily suspended.
- They require the review of orders by an advisory board within 5 days to ensure the legitimacy of the shutdown.
Anuradha Bhasin v. Union of India Case
- In 2020 the Supreme Court by ruling on Jammu and Kashmir Internet shutdown held that indefinite internet shutdowns by the State is not permissible under Indian Constitution.
- The apex Court further stated that imposition of Section 144 can not be used as a mechanism to avoid genuine protest which is permitted under the Constitution.
- Section 144 has very specific parameters, only if those parameters are satisfied then only a Magistrate can pass the orders.
- Key Highlights of the orders:
- Usage of the Internet is the Fundamental Right under Article 19 of the Indian Constitution.
- Internet shutdowns can be of temporary period but not for indefinite period.
- Government to publish all orders imposing restrictions under Section 144.
- The Court had also said that any order with regard to Internet Shutdowns will come under Judicial Scrutiny.
Arguments in Favour of Internet Shutdown by the Government
- National Security: The government suspends internet services as a temporary and targeted measure to prevent the spread of misinformation, coordinate unlawful activities, or address security threats.
- Temporary and Targeted Measures: These measures are not meant to infringe on long-term access but rather to address specific and immediate concerns.
- Preventing Unrest and Violence: Suspending online communication helps prevent the organization of protests, riots, or other forms of civil unrest.
- Counteracting Fake News and Disinformation: During times of crisis or conflict, false information circulating online can exacerbate tensions and contribute to misinformation.
Arguments Against the Internet Shutdown by the Government
- Impact on Freedom of Expression: Internet shutdowns infringe upon the freedom of expression guaranteed by the Indian Constitution.
- Global Image and Investment: Frequent internet shutdowns impact India’s global image, raising concerns among investors and international partners.
- Human Rights Concerns: Internet shutdowns raise human rights concerns, including the right to access information, freedom of speech, and the right to peaceful assembly.
- Economic Disruptions: India has a rapidly growing digital economy, and internet shutdowns can lead to significant economic losses.
- Educational Challenges: With the increasing use of online platforms for education, internet shutdowns severely affect students’ access to learning resources.
Conclusion
- Internet shutdowns may be justified in exceptional situations of public emergency, but their frequent and opaque use raises concerns for fundamental rights, economic growth, and democratic governance.
- A balanced approach combining legal safeguards, transparency, technological alternatives, and accountability is essential to ensure they remain rare, proportionate, and constitutionally valid.
Source: IE
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