Freedom of Speech – Defamation, Sedition, etc.

India sole nation to curb Internet over communal unrest in 2023-24

Note4Students

From UPSC perspective, the following things are important :

Mains level: Internet Shutdown; Impact on Fundamental Rights;

Why in the News?

According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

What percentage of global Internet shutdowns due to communal violence occurred in India?

  • High Proportion of Global Communal Violence Shutdowns: 56% of global Internet shutdowns due to communal violence occurred in India in 2024. Example: Out of 41 communal violence-related shutdowns worldwide, 23 were imposed in India, highlighting the frequent use of Internet curbs to control communal tensions.
  • Regional Concentration of Shutdowns: Most shutdowns occurred in conflict-prone regions like Manipur (21 shutdowns), Haryana (12 shutdowns), and Jammu & Kashmir (12 shutdowns). Example: During ethnic clashes in Manipur, authorities repeatedly shut down the Internet to curb the spread of misinformation and unrest.
  • Pattern of State-led Shutdowns: State governments are the primary enforcers of communal violence-related shutdowns. Example: Haryana imposed shutdowns following communal violence in Nuh district to prevent further escalation and maintain public order.

How have the primary reasons for Internet shutdowns in India evolved between 2016 and 2024?

  • From National Security to Protest Control (2016–2024): Initially, Internet shutdowns were mainly enforced for national security and counter-terrorism, particularly in sensitive areas like Jammu & Kashmir. Example: A 213-day shutdown was imposed in 2019 after the abrogation of Article 370 to curb potential unrest.
  • Increase in Shutdowns During Protests (2020–2024): Shutdowns have become a frequent measure to suppress protests and prevent misinformation from spreading. Example: Internet services were suspended at Delhi’s borders during the 2020–2021 Farmers’ Protests to limit protest coordination.
  • Growing Use of Shutdowns for Communal Violence (2022–2024): There has been a rising trend of using shutdowns to contain communal violence and prevent further escalation. Example: In 2023, Haryana’s Nuh district faced an Internet shutdown following communal riots to restore public order.
  • Emergence of Exam-Related Shutdowns (2022–2024): Internet shutdowns are increasingly being used to prevent cheating during competitive examinations, raising concerns over their necessity. Example: Jharkhand imposed a shutdown during the 2024 General Graduate Level Combined Competitive Examination to prevent malpractices.
  • Targeted Shutdowns in Conflict Zones (Ongoing): Shutdowns continue to be heavily concentrated in conflict-prone regions like Jammu & Kashmir, Manipur, and parts of the Northeast due to ethnic and insurgency-related violence. Example: In 2024, 21 shutdowns were enforced in Manipur during episodes of ethnic violence to curb the spread of inflammatory content.

What are the different types of Internet shutdowns imposed by authorities?

  • Complete Internet Blackout: Total suspension of all Internet services, including mobile data, broadband, and Wi-Fi. Example: The 213-day shutdown in Jammu & Kashmir (2019) after the abrogation of Article 370.
  • Mobile Internet Shutdown: Suspension of mobile data services while keeping broadband and Wi-Fi operational. Example: Manipur experienced 21 mobile Internet shutdowns in 2024 due to ethnic violence.
  • Targeted or Localized Shutdown: Internet suspension in specific geographic areas or for specific services like social media. Example: Haryana’s Nuh district faced a localized shutdown in 2023 following communal riots.

How do Internet shutdowns impact fundamental rights in India?

  • Violation of Freedom of Speech and Expression (Article 19(1)(a)): Internet shutdowns restrict individuals from expressing opinions, accessing information, and engaging in public discussions.
    Example: During the 2020–21 Farmers’ Protests, Internet services were suspended in Delhi’s border areas, limiting protestors’ ability to communicate and share updates.
  • Obstruction of the Right to Practice Any Profession or Business (Article 19(1)(g)): Internet disruptions adversely affect businesses, digital transactions, and online services, hindering the right to earn a livelihood. Example: The 213-day Internet shutdown in Jammu & Kashmir (2019) caused significant economic losses, especially in the tourism and e-commerce sectors.
  • Disruption of the Right to Education (Article 21A): Shutdowns impede access to online education, causing academic disruptions and limiting students’ learning opportunities. Example: In Manipur (2023), prolonged Internet suspensions during ethnic violence interrupted online classes and examinations.
  • Denial of the Right to Access Information (Implicit under Article 19(1)(a)): Internet curbs block access to crucial information, particularly during emergencies, affecting public safety and awareness.
    Example: In Haryana (2023), Internet services were suspended during communal riots, preventing access to emergency services and safety information.
  • Violation of the Right to Life and Personal Liberty (Article 21): Shutdowns disrupt essential services like healthcare and emergency communication, posing a threat to life and personal liberty. Example: During the COVID-19 pandemic, Internet restrictions in Jammu & Kashmir limited access to telemedicine and critical health updates.

What is the judiciary’s stance on Internet shutdowns in India?

  • Recognition of Internet Access as a Fundamental Right: The Supreme Court of India, in the Anuradha Bhasin v. Union of India (2020) case, ruled that access to the Internet is protected under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession or trade).
    • The Court held that indefinite Internet shutdowns are unconstitutional and must be proportionate and temporary.
  • Mandate for Procedural Safeguards and Review: The Court emphasized that any Internet suspension under Section 144 of the CrPC or the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 must follow due process.
    • The mandate for procedural safeguards and review was established in the Anuradha Bhasin v. Union of India (2020) judgment.
  • Balancing Security and Fundamental Rights: While recognizing the state’s power to impose Internet shutdowns for public safety and national security, the judiciary has stressed that such measures must balance individual freedoms with legitimate state interests.
    • In Faheema Shirin v. State of Kerala (2019), the Kerala High Court affirmed access to the Internet as part of the right to education under Article 21A.

Way forward: 

  • Strengthen Legal Oversight and Transparency: Implement clear guidelines for Internet shutdowns with mandatory judicial review and public disclosure of orders to prevent arbitrary restrictions and uphold fundamental rights.
  • Promote Proportional and Targeted Measures: Encourage the use of less restrictive alternatives, such as content moderation or geofencing, to address public safety concerns while minimizing disruption to essential services and civil liberties.

Mains PYQ:

Q ‘Communalism arises either due to power struggle or relative deprivation.’ Argue by giving suitable illustrations. (UPSC IAS/2018)

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