Internet Shutdowns in India: National Security or Human Rights Violation?

🔹 Introduction

In recent years, India has seen an alarming rise in internet shutdowns, especially in regions witnessing unrest or violence. One of the most debated cases was the Manipur internet suspension, which lasted for months. This raises a fundamental constitutional question — can the government cut off internet access indefinitely in the name of security?


🔹 What Happened in Manipur?

In early 2023, due to ethnic violence between the Meitei and Kuki communities, the Manipur government imposed a blanket internet ban across the state. What was intended as a temporary measure for maintaining peace extended for over 140 days, affecting education, work, communication, and access to health services.


🔹 Legal Basis of Internet Bans

Internet bans in India are governed by:

•Section 144 of the CrPC – empowers the state to issue orders in urgent cases of nuisance or danger.

•Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 – allows the government to suspend internet during emergencies.


However, no law allows indefinite suspension.


🔹 What Did the Supreme Court Say? (Anuradha Bhasin v. Union of India, 2020)

•The internet is part of the right to freedom of speech and expression under Article 19(1)(a).

•Any suspension must be temporary, proportionate, and subject to judicial review.

•Authorities must publish orders and give reasons for shutdowns.


In short, the court strongly opposed arbitrary or prolonged shutdowns.


🔹 Arguments in Favour of Bans

•Prevents spread of fake news or hate speech.

•Helps authorities control riots or unrest.

•Can be a tool for maintaining public order in sensitive areas.


🔹 Arguments Against the Ban

•Violates fundamental rights – speech, profession, education.

•Economic loss – especially for digital workers and students.

•Lack of transparency – many bans are not officially published or reviewed.

•Disproportionate impact on rural and tribal populations.


🔹 Global Standpoint

India has recorded the highest number of internet shutdowns globally since 2016. The United Nations has criticized such actions, stating that internet access is a basic human right in the digital age.


🔹 Conclusion

While national security is important, indiscriminate and prolonged internet bans affect the foundation of our democracy. The government must balance law and order with civil liberties. Blanket bans must be replaced with targeted and time-bound actions. As law students and responsible citizens, it’s essential to understand and question such actions.


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