India ranks the top in muting its people by imposing internet shutdowns, according to studies. A report by Access Now shows that India implemented at least 84 shutdowns in 2022, the most of any country for the fifth consecutive year. Even the war-hit Ukraine comes only next to India with 22 incidents of internet shutdowns enforced by the Russian military during its full-scale invasion and occupation.
Since they started documenting shutdowns in 2016, India has accounted for approximately 58 per cent of all shutdowns documented in Access Now’s Shutdown Tracker Optimization Project (STOP) database, according to their report. It is reported that the Asia Pacific region remains a global leader in internet shutdowns, reflected in the case studies of India and Myanmar where people continue to experience staggering levels of targeted disruptions.
According to the data collated by Software Freedom Law Centre, India, the country has undergone internet shutdowns 805 times since 2012. More than half of these shutdowns —433— occurred in Jammu and Kashmir. The second-highest number of internet shutdowns was recorded in Rajasthan at 100 instances, followed by Manipur, Haryana, and Uttar Pradesh, ranking third, fourth, and fifth in terms of the frequency of internet shutdowns, with 47, 35, and 33 incidents, respectively.
The longest internet blockade ever recorded in the country occurred in J&K in connection with the abrogation of Article 370, lasting for a duration of 552 days from August 4, 2019, to February 6, 2021. During the initial phase of the blockade, even landlines and mobile call services were suspended.
Manipur experienced a prolonged internet shutdown lasting 200 days from April 27 to October 18, 2023, marking the longest such occurrence in the entire Northeast region. The shutdown initially affected two districts, Churachandpur and Pherzawl, from April 27 and later expanded to a complete internet blockade across the entire state from May 3, 2023, following ethnic violence. The government had to lift the internet blockade entirely after the Manipur High Court declared that it could not be sustained. On December 2, 2023, the Manipur High Court affirmed that the right to access the internet is integral to the freedom of expression guaranteed by the Constitution. The HC criticised the government for not adhering to previous court orders to lift the internet ban in areas unaffected by the ethnic violence.
The data reveals a significant surge in the frequency of internet shutdown incidents since 2014. According to information from the Software Freedom Law Centre, the country experienced internet bans only three times in 2012. However, in the inaugural year of the Bharatiya Janata Party (BJP) coming to power, which was 2014, internet shutdowns occurred six times, indicating a notable upward trend in the subsequent years.
Numerous court judgments have emphasised the right to access the internet as a fundamental right. A particularly noteworthy case that firmly established this right was the petition filed by Anuradha Bhasin, the Editor of Kashmir Times, known as the ‘Anuradha Bhasin v Union of India’ case. In this case, the Supreme Court affirmed that the right to free speech and the freedom to engage in trade or profession through the medium of the internet are fundamental rights. The court provided explicit guidelines for implementing internet suspensions when deemed necessary.
The Supreme Court mandated that orders for internet suspension must be made public, enabling citizens to seek legal remedies before courts. Additionally, the court emphasised the principle of proportionality, stating that internet shutdowns should not extend beyond the necessary duration. Furthermore, a review committee should be in place to periodically assess the legality of internet bans.
In subsequent years, the nation experienced prolonged internet shutdowns lasting for weeks and months. Despite the guidelines issued by the Supreme Court, several states persist in unlawfully suspending telecom and internet services. This is often done by not publishing suspension orders, issuing orders under Section 144 of the CrPC, neglecting to establish review committees, and failing to conduct regular assessments of the legality of internet suspension orders.
In December 2023, the Foundation for Media Professionals, a non-profit organisation of mediapersons, requested the Supreme Court to issue directions for the implementation of the judgment in the Anuradha Bhasin case. According to a report by Live Law, the foundation implored the court to instruct competent authorities to proactively disclose all orders that restrict telecommunication services, including the Internet. This proactive disclosure is aimed at allowing affected individuals the opportunity to contest these orders before the appropriate forums. Secondly, the organization requested that the authorities should make all necessary documents related to the internet shutdowns available to people through the Right to Information (RTI) Act. It emphasised that such requests should not be summarily denied through a blanket exemption. The Supreme Court however refused to entertain the plea, pointing out that the court cannot reopen a matter which had already been disposed of.
Internet blockade has been used as a tool to deal with the protesting farmers in Haryana. The Government of Haryana implemented an internet shutdown as soon as the farmer’s protest began. On February 11, the Haryana government imposed an internet ban across seven districts for two days along with the imposition of section 144 of CrPC banning gathering of people. On February 13, the Government of Rajasthan implemented an internet shutdown in three districts bordering Haryana for 48 hours. The Government of Haryana extended the internet blockade for three more days and the Union Government also played its part. According to media reports, the Union Government issued two orders on February 10 and February 12 respectively to shut internet services in seven districts of Punjab till February 16. The Government of Haryana further extended the internet ban till February 23 across seven Districts. The connectivity continues to be poor in several parts of the state which is the epicentre of the protest.
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Internet shutdown has become an arm for the government to weaken protests. According to Human Rights Watch (HRW), 43 per cent of the internet shutdowns between 2020 and 2022 were either to prevent or in response to protests. A study by the HRW indicates that 14 per cent of the internet shutdowns in this period were used to prevent fraud in examinations and another 14 per cent were used in response to communal violence. In an analysis of the 85 shutdowns imposed by the Government of Rajasthan, 52 per cent of the shutdowns targeted protests and 33 per cent were for preventing examination fraud, according to the report.
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So far, there is hardly evidence substantiating that an internet ban would help in curtailing terrorism or any social unrest. No studies have been conducted so far. The parliamentary standing committee chaired by Shashi Tharoor observed that the frequent internet shutdowns have severely impacted on India’s economy, freedom of the press, education, and healthcare.
“So far, there is no proof to indicate that internet shutdown has been effective in addressing public emergency and ensuring public safety. The Committee are of the view that using internet shutdowns to deal with public emergency and public safety reflects poorly on the part of the law and order machinery of the state to deal with such issues. Shutting down of internet to deal with such situation in countries like USA or European countries is unheard of and reflects poorly on India,” states the 2021 report of the parliamentary standing committee.
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Internet shutdowns have a corrosive impact on the economy of the country. According to a report by Business Standard, the total value of internet shutdowns in India touched $255.2 million in 2023. The severity of the loss shows an upward trend in the country as the total cost of shutdowns in 2022 was $184.3 million. As of 2023, India ranks third in terms of the significant economic losses caused by internet shutdowns. The leading position is held by Ethiopia, emerging from a two-year war, while Myanmar follows closely in the second position, having undergone a military coup that displaced the civilian government in 2021. According to the Business Standard, internet shutdowns have cost India over $5 billion since 2019.
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The frequency of surveillance and censoring shows an upward trend. According to Access Now, from 2015 to 2022, Indian authorities blocked at least 55,607 websites, URLs, applications, social media posts, and accounts. “These censorship acts have been steadily on the rise, with the government blocking 2.4 times, or 142 per cent, more social media posts in 2022 than 2018,” says the report.
