Why In News?

Authorities deployed signal jammers and enforced a mobile internet shutdown in Central Delhi to disrupt a peaceful student protest led by the Cockroach Janta Party (CJP) over NEET examination irregularities. 

What is an Internet Shutdown?

An internet shutdown is an intentional disruption of internet or electronic communications, rendering them unusable for a specific population or location.

Governments utilize this strategy to control the flow of information during political gatherings or periods of civil unrest.

Shutdowns range from complete network disruptions to targeted platform blocking and intentional speed reduction (throttling).

Legal Framework Governing Internet Shutdowns

Telecommunications Act, 2023

  • Section 20(2)(b) of this Act grants the government the power to suspend telecommunication services exclusively during a public emergency or in the interest of public safety.

  • The competent authority must record its reasons in writing before issuing an order.

  • A peaceful protest does not meet the legal threshold for ordering a suspension under this Act.

Telecommunications (Temporary Suspension of Services) Rules, 2024

  • These updated rules require authorities to publish suspension orders to ensure transparency.

  • The published order must explicitly state the date, time, duration, and specific geographical area targeted by the shutdown.

  • A suspension order cannot remain in force for more than 15 days under any circumstance.

  • A multi-member Review Committee must review every shutdown order within five working days to verify its legality.

Earlier Legal Framework

  • Previously, the government derived shutdown powers from Section 5(2) of the Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services Rules, 2017.

  • Despite the new 2024 framework, some state governments bypass procedural safeguards by continuing to invoke the outdated 1885 Act and 2017 Rules (e.g., Uttar Pradesh in October 2025 and Manipur in June 2025).

Anuradha Bhasin vs Union of India (2020)

  • The Supreme Court established that access to the internet closely connects to the freedom of speech and expression and freedom of trade.

  • The Court held that the State can only execute shutdowns as a drastic measure if they are strictly "necessary" and "unavoidable".

  • The government must back every shutdown with law, pursue a legitimate objective, and adopt the least restrictive measure available.

  • The ruling officially banned indefinite internet shutdowns, declaring them unconstitutional.

Reasons for Imposing Internet Shutdowns

Public Order Maintenance: Officials suspend networks during large political demonstrations to prevent mob mobilization and coordinate security.

National Security Safeguards: The State restricts access to counter internal and external militancy, heavily affecting regions like Jammu & Kashmir.

Violence Prevention: Authorities block services to halt the spread of fake news, misinformation, and hate speech during communal tensions.

Counter-Terrorism Operations: Security agencies disrupt terrorist coordination and block illicit arms trade on the dark web.

Critical Infrastructure Protection: The government deploys targeted suspensions as precautionary measures to avert broad public emergencies.

What are the Major Concerns?

Fundamental Rights Infringement: Shutdowns violate citizens' democratic rights to protest peacefully and access information freely.

Economic Paralysis: Network disruptions freeze digital payments, disrupt modern businesses, and cause severe financial losses.

Administrative Overreach: Authorities use shutdowns as a routine policing tool rather than a last resort. India records 65 shutdowns across 12 States in 2025 alone.

Geographical Concentration: Historical data from the SFLC Internet Shutdown Tracker reveals Jammu & Kashmir leads with 449 shutdowns since 2012, followed by Rajasthan (115) and Manipur (62).

Rising Trends: India already records 24 shutdowns by July 2026, indicating persistent reliance on network blackouts.

Digital Governance Disruption: Blanket blackouts cut off ordinary citizens from emergency medical services, online education, and basic transit coordination.

Way Forward

Enforce Proportionality: Courts and executives must verify that network restrictions are directly suitable, well-justified, and do not cause disproportionate public harm.

Reform Review Committees: The government must restructure the Review Committee by including independent members, such as retired judges and civil society experts, to eliminate bureaucratic rubber-stamping.

Deploy Targeted Restrictions: State agencies must prioritize alternative measures, such as blocking specific websites or throttling speeds, instead of enforcing blanket regional blackouts.

Enhance Transparency: Authorities must mandate real-time publication of all suspension orders on official websites in regional languages to allow immediate judicial review.

Adopt Modern Crowd Management: Police forces must rely on advanced crowd-control strategies rather than deploying unlawful network jammers.

Establish Central Repository: The government should maintain a central public repository that systematically records all instances of internet shutdowns with empirical evidence.

Introduce Penalty Provisions: Lawmakers must introduce direct penalty provisions against administrative officers who misuse shutdown powers or unlawfully renew suspension orders.

Conclusion

To protect democratic values and a thriving digital economy, India must abandon arbitrary internet shutdowns and enforce robust, rights-based governance rooted strictly in transparency and constitutional proportionality.

Source: thehindu

PRACTICE QUESTION

"Internet shutdowns involve a delicate balance between national security and fundamental rights." Examine. 150 words