A CRITICAL ANALYSIS ON INDIA’S

INTERNET SHUTDOWNS: HUMAN RIGHTS

PERSPECTIVE

By M.K.Guru Prasanth & Ananthu S

INTERNET SHUTDOWN
 An internet shutdown is an intentional disruption of internet-based communications, making
them inaccessible or unavailable for a specific population, location, or type of access. By
shutting down the internet, the government effectively silences dissenting voices and
suppresses the free exchange of ideas. It also disrupt e-commerce and online transactions,
thereby impeding economic growth and development.
RIGHT TO INTERNET
 In the case of Faheema Shirin. v. State of Kerala, the Court recognized the right to access the
internet as a fundamental right under Article 21, linked to the rights to privacy and education.
Therefore, internet access is essential for personal liberty as it facilitates education, trade,
commerce, and personal development. The rights protected by Articles 19 and 21 are closely
connected to internet access, and citizens' ability to exercise these rights would be
compromised if they were unable to access the internet
INTERNET AND HUMAN
RIGHTS
 In 2016, the UN General Assembly passed a
non-binding Resolution that declared internet
access a human right, but it did not address
governmental responsibility to provide access
to all.
 In the current global landscape, important
political discussions are happening on the
Internet, highlighting the need for our political
freedoms to be exercised online. This
underscores the importance of Internet access in
ensuring individuals have equal opportunities to
exercise their political independence
LEGAL FRAMEWORK
 Sec 144 of CrPC: It empowers district magistrates to issue internet suspension
directives based on grounds of danger to human life, health, safety, or public
tranquility.
 Sec 69 of the Information Technology Act, 2000:Empowers the central government
to block public access to an intermediary in the interest of sovereignty and integrity
of India, defense of India, security of the State, friendly relations with foreign States,
public order, or for preventing incitement to the commission of any cognizable
offence relating to above.
 Sec 69A of the Information Technology Act, 2000:Empowers the central government
to block public access to online intermediaries such as telecom service providers,
internet service providers, web hosting service providers, search engines, online
payment sites, online auction sites, online marketplaces, cyber cafes, etc.
REASON FOR INTERNET
SHUTDOWN
IMPACT OF INTERNET
SHUTDOWN IN INDIA
 The socio-economic impact of internet
shutdowns cannot be ignored. Many
people in India rely on the internet for
their livelihoods, whether through online
businesses, freelance work, or remote
employment. When the internet is shut
down, these sources of income are
disrupted, leading to financial instability
and economic hardship for individuals and
businesses. Moreover, access to essential
services, such as banking and online
transactions, is also impeded, exacerbating
the economic consequences.
LOSS CAUSED BY INTERNET
SHUTDOWN IN 2023
CONTD
 Internet shutdown in India affected the Digital India initiative which caused the delay in
distribution of subsidised rations to the beneficiaries.
 The Mahatma Gandhi national Rural Employment was affected as due to the shutdown of
internet as the workers were needed to click there photo to mark the attendance.
 The healthcare sector were affected as the shutdown as still ongoing in parts of India during
the covid outbreak and it lead to the lack of information being transmitted.
 Internet shutdown during covid affected the students attending online classes.
IMPACT OF INTERNET
SHUTDOWN ON VARIOUS SECTOR
 E-Commerce : The growth of e-commerce
sector was drastically affected due to the
internet shutdowns.
 Media: Affected the freedom of speech and
expression.
 Healthcare :The patients details could not
be entered into system, affected the
effective transfer of information and
release of it to public.
 Tourism: Communication between the
companies and clients.
 Education: Online education , research , etc
RECOMMENDATIONS
 Monitoring of Internet shutdowns
 Expansion of the Temporary Suspension of Telecom Services Committee
 Selective ban on social medias ,websites , chatbots etc
 Establish clear guidelines and protocols for implementing internet shutdowns
 Before implementing an internet shutdown, authorities should be required to provide
transparent and publicly accessible justification for the decision
 Develop alternative communication strategies and infrastructure
 Public awareness campaigns