Internet shutdowns in india- Balancing security and civil liberties

In recent months, India has seen an alarming rise in internet shutdowns, with states like Manipur and Jammu & Kashmir being frequent targets. In September 2024, the Manipur government implemented a five-day internet suspension to curb violence and rumours during ongoing unrest. Unfortunately, this is part of a larger trend—India has led the world in internet shutdowns, with over 300 instances since 2019, according to reports by Access Now and the Software Freedom Law Center.

While the government justifies these measures as necessary for maintaining peace and national security, the impact on citizens’ daily lives and their democratic freedoms cannot be ignored.

Impact on Democracy and Freedom of Speech

The Indian Constitution guarantees the right to freedom of expression under Article 19(1)(a) and the right to life and privacy under Article 21. However, repeated internet shutdowns undermine these rights. Internet blackouts disrupt citizens’ ability to communicate, express opinions, and access essential information. Journalists, activists, and regular citizens are left in a communication void, as seen recently in Manipur.

In 2020, the Supreme Court of India declared that indefinite internet shutdowns are unconstitutional, yet many regions continue to experience long-term suspensions, hindering both daily life and fundamental rights.

Economic Consequences of Internet Shutdowns

India’s push towards becoming a digital economy is severely hindered by frequent shutdowns. Digital services such as online banking, e-commerce, and digital payments are paralyzed, costing the economy billions. According to the Brookings Institution, in 2023 alone, India lost approximately $2.8 billion due to internet disruptions.

Small businesses, students relying on online education, and even health services suffer immensely during these shutdowns. Recently, Manipur saw a complete halt in online classes, directly affecting students who rely on digital tools for their studies.

Security vs. Civil Liberties: A Complex Balance

Governments often argue that internet shutdowns are essential to prevent violence and misinformation, as was the case in Manipur. However, civil liberties groups argue that these measures violate fundamental rights and stifle democracy. Striking a balance between maintaining public safety and preserving civil liberties is critical, especially when security measures can impede democratic processes and personal freedoms.

Legal and Regulatory Framework

Under the Telecom Act 2023, only the Home Secretaries at the central or state level can authorize internet shutdowns. The law requires strict adherence to processes, including specifying the scope and duration of the shutdown, which should not exceed 15 days. Additionally, a review committee is supposed to ensure transparency, but in practice, many shutdown orders lack public disclosure, raising concerns about accountability.

Alternatives to Internet Shutdowns

Rather than blanket shutdowns, targeted solutions such as blocking specific websites or social media platforms could help prevent the spread of misinformation without entirely cutting off internet access. Promoting digital literacy is another key approach, as many rumors and fake news spread due to a lack of understanding of online content. Organizations like Fake News Busters and Alt News play a crucial role in educating the public about identifying and preventing misinformation.

A Call for Policy Reform

As India aspires to be a global leader in the digital space, it must adopt more balanced, accountable approaches to maintaining security without sacrificing freedom. Citizens should be aware of their rights, and the government should prioritize transparency and minimize the impact of shutdowns. With informed policy reform and public awareness, India can move toward a future where internet shutdowns become a last resort, not a first response.

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