Roadmap for Answer Writing

1. Introduction

• Introduce the issue: Start by acknowledging that access to the internet is considered a fundamental right by the Indian Supreme Court. Then, highlight the growing trend of internet shutdowns imposed by the government to maintain public order.
• Thesis statement: Briefly state the tension between the recognition of the internet as a fundamental right and the government’s use of shutdowns as a tool for maintaining law and order.

Example:
“While the Supreme Court has recognized access to the internet as a fundamental right under the Indian Constitution, frequent government-imposed internet shutdowns, primarily aimed at maintaining public order, raise significant legal and constitutional challenges.”

2. Legal Framework

• International Recognition: Mention the UN Human Rights Commission’s 2016 declaration that internet access is a fundamental human right.
• Indian Context: Discuss the legal basis for recognizing the internet as a fundamental right in India, especially the Supreme Court’s rulings in Anuradha Bhasin (2020) and Faheema Shirin (2019).

Relevant Facts:

• UNHRC recognized internet access as a human right in 2016.
• Anuradha Bhasin Case (2020): The Supreme Court ruled that internet access is a fundamental right under Articles 19(1)(a) and 21, which guarantee freedom of speech and expression, and the right to life and personal liberty.
• Faheema Shirin Case (2019): The Supreme Court reiterated the importance of the internet for education and accessing information as part of the right to life under Article 21.

3. Government’s Rationale for Internet Shutdowns

• State Interests: Explain the reasons the government cites for imposing internet shutdowns, such as maintaining national security, preventing the spread of misinformation, and controlling law and order during protests or unrest.
• Statistics: Highlight that between 2016 and 2022, India accounted for over 60% of global internet shutdowns. This statistic is critical in showing the extent of the issue.

Relevant Facts:

• Between 2016 and 2022, 60% of global internet shutdowns took place in India (Source: Access Now).
• Shutdowns have been imposed in states like Jammu and Kashmir, Manipur, and Punjab in response to protests, violence, and insurgent activities.
• Section 144 CrPC: Internet shutdowns are often imposed under this section, which allows restrictions on freedom of movement and assembly in the interest of public order.

4. Impact of Internet Shutdowns on Fundamental Rights

• Right to Livelihood: Highlight how frequent internet shutdowns harm sectors reliant on the internet, such as e-commerce, tourism, and information technology.
• Right to Education and Knowledge: Discuss how the internet is integral to accessing education and knowledge, especially in remote areas, as pointed out in the Faheema Shirin (2019) case.
• Disproportionate Impact: Point out that internet shutdowns are often imposed for minor incidents, such as preventing cheating during exams, which may not justify the large-scale impact of a shutdown.

Relevant Facts:

• Anuradha Bhasin Case (2020): The Supreme Court ruled that internet shutdowns could not unduly restrict the right to livelihood, especially for those dependent on the internet for their profession.
• In Rajasthan and West Bengal, internet shutdowns were used to prevent cheating during exams, highlighting the disproportionate nature of some shutdowns.

5. Problems with Current Legal Framework

• Lack of Safeguards: Discuss the inadequate procedural safeguards in the current system. Mention how internet shutdowns are often imposed without adequate oversight.
• Role of the Review Committee: The Review Committee set up under the 2017 Suspension Rules is meant to assess the legality of shutdowns, but it lacks the power to annul illegal orders, making it ineffective.

Relevant Facts:

• Despite the 2017 Suspension Rules, shutdowns are often imposed under Section 144 CrPC, which does not provide procedural safeguards as outlined by the Suspension Rules.
• The Review Committee can only record findings, not annul shutdown orders, making it a weak mechanism for accountability.

6. Potential Solutions and Recommendations

• Clearer Proportionality Guidelines: Advocate for clearer guidelines on proportionality—ensuring that shutdowns are necessary, lawful, and proportionate to the situation.
• Strengthening Oversight Mechanisms: Propose making review committees more inclusive by including independent members like retired judges or civil society representatives.
• Targeted Shutdowns: Suggest that instead of blanket shutdowns, the government should consider selectively restricting specific services or platforms (e.g., social media) to minimize the adverse impact on citizens’ lives.
• Incorporation in Legislation: Recommend statutory recognition of the Supreme Court’s principles from Anuradha Bhasin (2020) in the Indian Telecommunications Bill, 2022.

Relevant Facts:

• The Anuradha Bhasin (2020) case sets out key guidelines on internet shutdowns, such as that they must be “necessary” and “proportionate.”
• The Indian Telecommunications Bill, 2022 could codify these guidelines into law.

7. Conclusion

• Restate the tension: Summarize the conflict between internet access as a fundamental right and the government’s justification for imposing internet shutdowns.
• Call for reform: Emphasize the need for reform to ensure that internet shutdowns are not misused and that citizens’ rights are adequately protected.

Example:
“In conclusion, while internet shutdowns may be necessary in certain situations, their frequent and disproportionate use undermines the fundamental rights guaranteed by the Constitution. A balanced approach, with stronger safeguards and clear legal guidelines, is essential to ensure that the right to access the internet is not unduly compromised.”