New Delhi: In Manipur’s Churachandpur district, Dr Ngaijavung, a 39-year-old radiologist was forced to dispatch radiology reports manually for months last year amid a prolonged internet shutdown in the state that lasted for more than 200 days. The shutdown in Manipur — the longest in the country ever, following one in Kashmir that lasted 552 days — has made India the global leader in internet shutdowns for five consecutive years, according to the Software Freedom Law Centre (SFLC), a legal services organisation in India.
On 3 May, a statewide internet shutdown was enforced following violence triggered by communal clashes between the Kuki-Zo and Meitei communities. The blanket ban, the longest in the Northeast, was finally lifted on 23 September, only to be reimposed three days later. This continued until 3 December.
The Internet Society Pulse’s NetLoss Calculator estimates that the Indian economy suffered a loss of around $2.8 billion as a result. The calculator estimates the impact of internet shutdowns on “a range of economic, social, and other outcomes.” The platform also put the risk of such shutdowns in India at 16.2 percent, one of the highest globally in 2023.
According to data produced by Top10VPN.com, in 2023, India suffered losses of $481.6 million with 6,000 plus hours of internet shutdowns affecting 56.7 million people.
Until 3 December, 2023, internet services in Churachandpur were sporadic at best, and while broadband services were allowed, the majority remained digitally cut off due to limited access.
“It was really difficult initially,” said Dr Ngaijavung while talking to ThePrint. “The patients would travel all the way to the diagnostic centre to collect reports and would have to withdraw money as well, since no internet meant no digital payments either.”
Meanwhile, students in Manipur’s medical colleges found themselves in “no-internet zones” when online classes resumed amid the turmoil.
Even after Wi-Fi services were restored, many had to go to the Jio and Airtel offices to sign a waiver — which said that the individual would not willingly partake in any online activity that was against the government — to have internet services restored on their phones. John Henkam, a resident of Lamka who runs a store selling cosmetics, was among them.
“The trouble was mostly in communication. We could not access the news initially so we had no way of verifying what came as news during the clashes,” said the 30-year-old to ThePrint. “Of course, for business, most people shifted to cash since digital payments were completely stopped. After internet services were back, every person was made to sign a waiver form issued by the government.”
In the past 11 years, India has witnessed a surge in the use of internet shutdowns, raising concerns about their impact on human rights and socio-economic development. Hospitals unable to contact doctors during emergencies, voters deprived of candidate information, handicraft makers facing economic ruin, and students missing exams — these are only some of the consequences of widespread internet shutdowns, as highlighted in a report by the Human Rights Watch and Internet Freedom Foundation, in June this year.
Cybersecurity company SurfShark’s yearly analysis revealed that India secured the top spot for internet shutdowns globally in 2023, earning the moniker of the “Internet Shutdowns Capital of the World”, with 112 cases occurring since 2015.
Asia, in all, accounted for 71 percent of all internet shutdowns in the world, leading the globe in internet outages. Of this, Jammu and Kashmir accounted for the majority (over 74 percent) of Asian incidences of internet blocking. Iran closely followed at No. 2 with 46 disruptions, and Pakistan stood third with 13 instances. China occupied the 12th position with only 4 instances since 2015.
Speaking to ThePrint, Mishi Choudhary, digital rights activist and founder of the Software Freedom Law Centre, said that the power to impose internet shutdowns in India lies with both Central and state governments, granted by Code of Criminal Procedure’s (CrPC) Section 144 and the Temporary Suspension of Telecom Services Rules.
However, concerns persist about the lack of transparency, accountability, and adherence to due process in executing shutdown orders.
Also read: Suspension of network in Manipur is contrary to SC ruling, says Internet Freedom Foundation
Legal framework and accountability
Internet shutdowns, defined as disruptions in access to internet services, particularly affecting mobile internet, have become a growing concern in India.
Historically, internet shutdowns were imposed under Section 144 of the Code of Criminal Procedure (CrPC), allowing authorities to direct the use of properties, including cell phones and towers, to control certain activities. However, challenges to these shutdowns emerged, with the Gujarat High Court upholding the power of magistrates to suspend mobile internet during the Patidar Agitation in 2015.
Subsequently, in 2017, the government amended the law, introducing the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. This rule, based on Section 5(2) of the Indian Telegraph Act, grants authorities the power to suspend telecom services, including the internet, in the event of a public emergency or for public safety.
Despite legal requirements outlined in the Telecom Internet Suspension Rules, concerns persist regarding transparency and the non-publication of orders related to internet shutdowns. The absence of provisions for notifying shutdowns in the press or official gazettes raises questions about the lack of awareness among affected users.
The Supreme Court addressed some of these concerns in January 2020, ruling on an internet shutdown in Jammu and Kashmir.
The Indian government imposed a total shutdown on all communication networks in Jammu and Kashmir in August 2019, including landlines, fixed-line internet, and mobile networks. This measure was taken to prevent any protests by Kashmiris in the aftermath of the government’s decision to withdraw the state’s constitutional autonomy through Article 370. Although certain services were progressively restored, mobile 4G internet connection was effectively unavailable for approximately 500 days, until February 2021.
The court declared that indefinite internet shutdowns are not permissible under the Indian Constitution and criticised the misuse of Section 144 to stifle genuine protests. The court emphasised that the use of the internet is a fundamental right under Article 19 of the Constitution and mandated the government to publish all orders imposing restrictions under Section 144.
Despite these legal interventions, internet shutdowns continue to be a contentious issue in India.
In March, internet and SMS services were shut down in parts of Punjab, which has a population of more than 27 million people, for several days during the manhunt for Sikh separatist Amritpal Singh. The shutdown was meant to prevent his supporters from expressing their support online or planning escape routes.
The judgment for internet suspensions in the case of Anuradha Bhasin versus Union of India (2020) following the longest shutdown ever in Kashmir, emphasised the need for publicly available shutdown orders, a requirement often overlooked, she added.
In the landmark judgment, the SC emphasised that a complete suspension of telecom services, including the internet, must be considered only if necessary and unavoidable. The court highlighted the need for publicly available shutdown orders, considering the violation of fundamental rights guaranteed under Article 19(1)(a) and 19(1)(g). However, the actual practice often falls short of these principles.
Amid internet suspensions, the recently approved Telecommunications Bill of 2023, while aimed at modernising telecommunications law, paradoxically legalises internet shutdowns.
India’s ascent to the top of the internet shutdown charts over the past five years has also drawn international criticism. The UN Human Rights Council, in a 2012 resolution, asserted that rights online must be protected as rigorously as offline rights, considering any disruption to access information online a human rights violation. Despite global consensus, India continues to lead in internet shutdowns, with the allegation that the ruling Bharatiya Janata Party (BJP) being 3.5 times more likely to impose shutdowns.
A study by Dutch political analyst Kris Ruijgrok, titled ‘Understanding India’s Troubling Rise in Internet Shutdowns: A Qualitative and Quantitative Analysis’, said, “Rather than addressing a law-and-order problem caused by online fake news and misinformation (as suggested by officials), the use of internet shutdowns in India is an inherently political problem. Internet shutdowns occur more often in BJP-ruled states than in states where the party is not in power: The probability of an internet shutdown is 3.5 times higher if a district is ruled by a BJP state government.”
(Edited by Zinnia Ray Chaudhuri)
Also read: India broke pledge to support UN resolve on human rights over internet, says Surfshark study
Ours is a large country. A proper comparison should base itself on per capita or per internet connections or per internet minutes. Without that, you fall into the trap of the bias of Western media to hype any negative news on India.