India Grapples with Debate Over Internet Shutdowns
The Indian government faces mounting pressure over its policy of internet shutdowns, with a prominent legal battle highlighting concerns surrounding individual rights and the economic toll of these digital disruptions. At the heart of the debate lies a petition challenging the practice without a comprehensive regulatory framework.
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Centre Opposes Nationwide Guidelines, Advocates for Case-by-Case Evaluation
The Union government has resisted calls for concrete nationwide guidelines to curb internet shutdowns. Representing the government, advocate Kanu Agrawal argued before the Supreme Court that blanket directives for such situations were untenetable. He emphasized that each instance required individual assessment, aligning with the landmark Anuradha Bhasin Vs Union of India ruling of 2020.
Agrawal highlighted that existing directives, stemming from the Anuradha Bhasin judgment, mandated proportionality and regular review of internet suspension orders. The Centre asserts it has directed state and Union Territories to adhere to these measures. However, the bottom line for the government remains: internet shutdown decisions should be made on a case-by-case basis.
SFLC: Shutdowns Stifle Freedoms, Disproportionate and Costly
Opposing the government’s stance is the Software Freedom Law Centre (SFLC), which filed the petition advocating for a clear legal framework to regulate internet shutdowns. The organization contends that currently existing legislation, including the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, is frequently misused by states to implement widespread blanket suspensions, often without adequate justification.
The SFLC argues that these shutdowns frequently infringe upon fundamental rights, leading to significant economic losses and disrupting access to education, commerce, and access to vital information. Nthe organization points to instances where internet access has been cut during important exams, such as the Rajasthan Eligibility Examination for Teachers and quota system bookings, causing widespread concerns over the broader impact and unintended consequences of such wide-reaching measures.
The SFLC maintains that proportionality and necessity should be paramount in any future decisions involving internet suspension. Such disruptions can cripple businesses, particularly in a country heavily reliant on online platforms for commerce and communication.
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Hearing Postponed as Essence of the Issue Remains in Flux
The Supreme Court has reserved its decision on the matter, adjourning the hearing post a hearing filed by the petitioner and scheduled for re-evaluation on January 29th, 2025.
