Supreme Court's Ruling on Internet Shutdowns (2020)
In January 2020, the Supreme Court ruled that internet access is a fundamental right.
Any internet shutdown must be:
Temporary
Limited in scope
Lawful, necessary, and proportionate
The government’s orders are subject to judicial review.
Non-Compliance with the Supreme Court's Guidelines
Despite the ruling, instances of internet shutdowns increased in 2020.
Government orders, especially in Jammu & Kashmir and Haryana, frequently lacked transparency and were not published on official websites.
This non-compliance undermines public trust and prevents people from challenging illegal shutdowns in court.
Consequences of Unlawful Internet Shutdowns
In 2020, India lost $2.8 billion due to internet shutdowns, affecting millions.
Internet suspensions hinder access to vital services like education, healthcare, and livelihoods.
Shutdowns are often used to stifle protests, limiting people's ability to communicate and verify information, especially during emergencies.
Lack of Statutory Recognition and Awareness
The 2020 amendment to the Telecom Suspension Rules did not include mandatory publication of shutdown orders or periodic reviews.
Many officials remain unaware of the Supreme Court’s ruling, leading to inconsistent enforcement.
Example: Meghalaya's government claimed it was unaware of the ruling, even months after the judgment was delivered.
The Need for Better Compliance and Transparency
To reduce India's reputation as the "internet shutdown capital," more consistent adherence to the Supreme Court's guidelines is needed.
Transparency in publishing shutdown orders is crucial for allowing legal challenges and protecting public trust.
Restricting internet access should only occur in legitimate emergencies, not to suppress free expression or protests.
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