Current Affairs

General Studies Prelims

General Studies (Mains)

Internet Shutdowns in India – Legal and Security Challenges

Internet Shutdowns in India – Legal and Security Challenges

Internet shutdowns have become a frequent tool used by Indian authorities to manage public order during crises. On 2 October 2025, the Government of Uttar Pradesh suspended internet services in Bareilly district for 48 hours during Dussehra festivities. This action aimed to prevent communal tensions following violent protests linked to religious controversies. Such shutdowns show the ongoing tension between state security and citizens’ digital rights.

What Is an Internet Shutdown?

An internet shutdown is the deliberate disruption of online communication services. It blocks access to the internet for a specific area or population. Governments justify shutdowns as necessary during emergencies to prevent misinformation and violence. However, these actions impact freedom of speech, access to information, and economic activities.

Legal Framework Governing Shutdowns

India’s internet shutdowns operate under three main laws – the Indian Telegraph Act (1885) with Temporary Suspension Rules (2017), the Information Technology Act (2008) with Blocking Rules (2009), and the Bharatiya Nagarik Suraksha Sanhita (2023). Only the Union or State Home Secretary can authorise shutdowns based on public emergency or safety threats. A Review Committee examines orders within five days but cannot revoke them, and its findings are not publicly disclosed.

Judicial Views and Rights Involved

The Supreme Court, in Anuradha Bhasin v. Union of India (2020), recognised internet access as part of the fundamental rights to life and freedom of speech under Articles 21 and 19(1)(a). Courts have ruled shutdown orders must be published with reasons to ensure necessity and proportionality. The Kerala High Court linked internet access to education and privacy rights. Transparency and accountability remain key judicial demands.

India’s Record on Internet Shutdowns

India leads globally in internet shutdowns, with over 800 incidents from 2012 to 2024. Regions like Kashmir, Manipur, and Rajasthan are most affected. Shutdowns often occur during political unrest or communal tensions. International bodies like the UN Human Rights Committee have urged India to restrict shutdowns to rare cases and adopt a human rights approach. The government maintains broad discretionary powers citing security concerns.

Impact on Society and Governance

Internet shutdowns disrupt communication, education, commerce, and emergency services. They hinder democratic participation and access to information. As India increasingly relies on digital platforms, shutdowns pose risks to economic growth and civil liberties. Balancing security needs with digital rights remains a complex challenge for policymakers.

Procedural Gaps and Transparency Issues

The Review Committee’s inability to revoke shutdowns and the lack of mandatory public disclosure weaken oversight. Judicial criticism marks the need for clearer procedures and transparency. Without public access to shutdown orders and rationale, citizens face uncertainty and reduced trust in governance.

Security Measures Complementing Shutdowns

Shutdowns often accompany heightened security such as drone surveillance, flag marches, and strict monitoring. These measures aim to prevent escalation of violence during sensitive events or protests. While security is essential, reliance on shutdowns as a first response raises concerns about proportionality.

Future Challenges

India’s digital transformation demands careful regulation of internet access restrictions. Ensuring that shutdowns are used sparingly and transparently is vital. The state must protect public order without undermining fundamental freedoms or economic progress. Judicial oversight and legal reforms may help achieve this balance.

Questions for UPSC:

  1. Point out the constitutional challenges involved in imposing internet shutdowns in India and estimate their impact on fundamental rights.
  2. Critically analyse the role of judiciary in balancing state security and freedom of speech with suitable examples from Indian legal precedents.
  3. Underlined the socio-economic consequences of digital communication disruptions during political unrest and suggest policy measures to mitigate them.
  4. What is the significance of transparency and accountability in government-imposed restrictions on internet access? How can these principles be strengthened in India’s legal framework?

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