The legal toolkit the government uses
1) Temporary Suspension of Telecom Services Rules, 2017
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Parent law: Section 5(2), Indian Telegraph Act, 1885.
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When allowed: “Public emergency” or “public safety” concerns.
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Who can order: Union or State Home Secretary (or an authorised officer not below Joint Secy in urgent situations), with a Review Committee scrutiny.
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Time limit: A single order cannot exceed 15 days (per 2020 amendment).
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Process: Reasoned written order, forwarded to a Review Committee that meets within 5 working days to confirm or set aside; ongoing curbs must be periodically reviewed.
2) IT Act, 2000 — Section 69A
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Used to block specific content/platforms (websites, URLs, apps) via due-process hearings—not a total network blackout.
3) Prohibitory orders on assembly
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Now issued under BNSS §163 (successor to CrPC §144) to restrict gatherings; often accompanied by internet curbs but is not, by itself, a basis to cut the internet.
4) Supreme Court guardrails
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Anuradha Bhasin v. Union of India (2020):
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Internet access is integral to freedom of speech & trade.
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Indefinite shutdowns are impermissible; orders must satisfy necessity & proportionality.
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Publish shutdown orders; enable judicial review.
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Read with Puttaswamy (privacy) proportionality test and later High Court rulings (e.g., Faheema Shirin on the internet’s role in education).
Does India really lead the world in shutdowns?
Yes. For several consecutive years, civil-society trackers (e.g., Access Now, SFLC.in) have recorded India as the country with the most shutdowns, often by a wide margin (e.g., ~80+ in 2022, 100+ in 2023). Counts vary by methodology, but India consistently ranks No. 1.
Why authorities impose shutdowns
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To curb rumours/mobilisation, prevent coordination of violence, or protect exam integrity.
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During communal tension, protests, elections, or counter-terror operations.
The real-world implications
Rights & governance
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Chills speech & assembly, limits media reporting, complicates accountability.
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Prolonged blackouts risk falling foul of Anuradha Bhasin proportionality.
Public safety
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Blocks tele-medicine, SOS apps, weather and disaster alerts; hampers lawful community coordination and fact-checking.
Economy & livelihoods
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Hurts e-commerce, payments (UPI), MSMEs, tourism; daily-wage platforms stall.
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Repeated curbs raise investment risk and digital-public-infrastructure credibility concerns.
Education & welfare
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Interrupts online classes/exams, DBT onboarding, and e-governance portals.
How to make curbs lawful, rare, and less harmful
1) Strict necessity & narrow tailoring
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Use shutdowns only when specific, imminent threats can’t be mitigated by targeted measures (platform blocking, content takedown, Section 163 crowd controls).
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Geo-fence to the smallest area; prefer speed throttling over total blackouts where feasible.
2) Time-bound, reviewable orders
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Short windows (hours, not days), with automatic sunset and logged extensions justified afresh.
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Weekly (or more frequent) review during any continuing curb.
3) Radical transparency
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Publish orders promptly (district, timestamps, reasons, maps), with a public dashboard and post-facto impact notes (duration, sectors affected).
4) Independent oversight & audits
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Empower High Court-led or State-ombud panels to audit proportionality, with annual reports; enable rapid legal challenge by citizens/ISPs.
5) Protect essential services
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Carve-outs/whitelists for emergency numbers, hospitals, banks, disaster systems, and citizen-service portals; pre-agree failover protocols with ISPs.
6) Better policing & comms
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Invest in rumour control units, multilingual official channels, and community policing to reduce reliance on shutdowns as a first resort.
7) Measurement & accountability
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Publish economic loss estimates, education disruption metrics, and grievance redress data; consider compensation or fee waivers where curbs exceed rules.
Bottom line
India has clear rules and Supreme Court guardrails: necessity, proportionality, transparency, and time limits. Yet frequent, broad shutdowns persist and carry heavy costs. Using narrow, time-boxed, geo-fenced measures—overseen transparently and audited independently—can protect order and fundamental rights.
Source: The Hindu
