Yash Singh Naruka, National University of Study and Research in Law, Ranchi
ABSTRACT
The Information technology since the last decades has penetrated the mind and souls of human beings with its unfettered functionalities and has acquired such a significant place in the lives of people, that depriving someone of their right to internet access would be violative of a basic human right as stated by the United Nation Human Rights Commission in 2016. The apex court of the country through its rulings has also held that any law depriving the citizens of their personal liberty has to go through tests under articles, 14, 19, and 21 i.e, the golden triangle of the Constitution of India and also that article 19 (1) (a) protects the right to disseminate and receive information through the internet. But the frequent escalation of internet shutdowns or such blanket bans to curb hate speech and misinformation by the government in recent years has put themselves in controversy every now and then who justify these actions in the name of “national security” and “ensuring public safety”. These are not always convincing unless transparent reasons are made apparent to the voices of dissent concerned about their democratic rights such as freedom of expression and assembly. Such shutdowns are ordered under section 144 of the CrPC, section 69 A of the Information Technology Act 2000 or section 5(2) of the Telegraph Act which has been debated extensively regarding their constitutionality in many cases leading to formulation and introduction of the “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” (Internet Shutdown Rules, 2017) prescribing competency of the authorities to order such shutdowns resulting in imposition of 55 curfews in the state of Jammu and Kashmir alone in 2019 depriving the territory of internet for 18 months. This paper discusses existence of the right to internet, the statutory validity of internet shutdowns and tries to explore the justifications behind the action of the authorities in context of various landmark cases and recent facts and figures. Further, the disputed arguments behind the supporters of this impediment to internet access with that of advocates of article 19 are also discussed.
Keywords: National Security, Public Safety, Internet, Emergency.
