Rights not loading: Internet shutdowns disrupt lives

It was on a Saturday afternoon, in the middle of the school year, when students at a government college in Meghalaya found that their webpages stopped loading. Assignments were half-done, research, unfinished, and deadlines, fast-approaching. “Over 50 of us were forced to connect to a single Wi-Fi router to try and complete our work,” says Abha Anindita, now a journalist.

This series of events was set off by the suspension of internet services on mobile phones in seven districts, attributed to a “serious law and order situation”, in June 2018.

Four years later, in 2022, internet shutdowns have become a dreaded, but expected occurrence in Meghalaya. On November 22, a shutdown was announced in a few districts for 48 hours, following which it was extended. “We were left without internet access for almost a week,” recalls Abha.

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The suspension order of the 2022 shutdown alluded to an “untoward incident” which could “disturb public peace and tranquillity, and cause a threat to public safety”, adding that messaging and social media platforms, like WhatsApp, Facebook, Twitter and YouTube could be used for transmission of information “that has the potential to inflame passions”.

As the week progressed, however, it was the shutdown that disturbed day-to-day life most — online transactions, delivery and essential services came to a standstill. Students preparing for their boards, patients unable to reach their doctors and candidates struggling to commute to their job interviews were at the frontlines.

In the 500-odd shutdowns that have been imposed in the past five years, citizens across the spectrum have witnessed several jarring disruptions to their lives, livelihoods and futures.

The multiple shutdowns in Meghalaya in the past few years have taken a toll, both on his business and his rights, says Shemphang John Pyngrope, who owns a tea stall in Shillong. “The internet shutdowns made things very difficult, as most customers pay through online modes these days,” he says. The shop owner was forced to give credit or go without conducting his regular business.

Credit: DH Graphic

This has been a common occurrence in several states, particularly in regions that experience high tension. Jammu and Kashmir has, by far, seen the highest number of shutdowns (418), followed by Rajasthan (96) and Uttar Pradesh (30).

In addition to affecting daily activities, shutting down internet services curtails basic human rights, including the right to education and health.

It also disrupts communication channels, cutting people off from contacting and updating their loved ones during emergencies. In the midst of a tense situation, people are left in the dark. “The internet is the mode through which we reach out to others in crisis, but during the shutdown, the government is denying us that right,” says Shemphang.

We become totally unaware of what is going on, since there is no way to get updates,” he adds.

The suspension of the internet also compromises the freedom of association, expression and peaceful assembly. “Shutdowns disallow dissemination of information, preventing people from being able to communicate and organise. In the long term, this restricts freedom of speech and expression,” says Karan Saini, a cybersecurity researcher who works with the Centre for Internet and Society.

Also Read: SC declines plea against frequent internet shutdowns in states

Yet, India, the world’s largest democracy, continues to be home to the highest number of internet shutdowns for the fifth year in a row. In 2022, according to the Access Now global database, India saw 84 suspensions of internet services, followed far behind by Ukraine (22) and Iran (18).

At first glance, the number of internet shutdowns in India has been decreasing since 2018. However, a closer study reveals that the average duration, as well as the number of regions seeing shutdowns have been increasing over the years.

Further, shutdowns have become a more common tool wielded by governments in the past decade. According to the Software Freedom Legal Centre (SFLC.in), there were only six shutdowns in the country in 2014. In the past five years, however, each year has seen at least 80.

In recent years, shutdowns have increasingly been employed before or during protests, as a tool to maintain law and order. A 2020 research paper found that shutdowns were especially used in BJP-ruled states to stifle protests. “While there are exceptions, such as Rajasthan and West Bengal, it is clear that the trend is more evident in BJP-ruled states, and more prevalent in North and North-Eastern states than in the South,” says Kris Ruijgrok, a political scientist and postdoctoral researcher who has been studying the troubling rise in internet shutdowns.

Despite government insistence that internet shutdowns are measures to “prevent misinformation”, “maintain law and order” or to protect “national security”, research does not back this claim. In fact, a 2019 study on internet blackouts in India found that shutdowns were “much more strongly associated with increases in violent collective action than with non-violent mobilisation.” It further emphasised that blackouts compel protestors to use violent tactics, when unable to communicate and coordinate non-violent means of protest.

At odds with the intention to tackle misinformation, shutdowns can lead to information vacuums which worsen the situation. Shutdowns create an unsafe environment as they prevent access to legitimate sources of information and communication, explains Saini. “Internet shutdowns can also affect news coverage of protests,” he adds.

State-imposed restrictions make it particularly difficult to report instances of human rights violations. According to the Global Cost of Internet Shutdowns 2022 report, 51% of deliberate internet shutdowns were associated with additional human rights abuses.

This was also evident during the anti-CAA protests in 2019-20 when the country witnessed 6,315 total hours of internet shutdown according to SFLC.in. Amidst the protests, Uttar Pradesh saw 12 reported shutdowns, the longest extending to 175 hours. It was at this time that thousands of people were detained, and several killed.

Even on the economic front, shutdowns cause great losses for the country. In fact, a 2020 study estimated that India suffered a total loss of $2.8 billion due to internet shutdowns.

Besides, there is no real measure to account for the full extent of problems caused by shutdowns, says Radhika Jhalani, volunteer legal counsel at SFLC.in. “It is daily-wage workers, women and marginalised communities dependent on mobile internet that bear the brunt of such actions,” she says.

While broadband services and wired connections remain functional, it is access to mobile internet that is suspended during most shutdowns. With the Telecom Regulatory Authority of India reporting that more than 96% of internet users in India use mobile data, the suspension of mobile internet instantly creates a digital divide. Although this measure has been portrayed by official statements as a means to keep the shutdowns precise and targeted, only 4% of users are able to afford broadband connections, while the majority remain at a loss.

Multitude of impacts

The repression of protests, coupled with long-term devastation is no more evident than in the case of Kashmir. Access to the internet has been under constant threat for the past few years here. According to official data, the UT has witnessed a total of 415 internet shutdowns between the years of 2012 and 2022.

The region witnessed the world’s longest internet shutdown in a democracy, from August 2019 to January 2020 when 2G internet was restored. It took 18 months for the authorities to reinstate 4G services.

Also Read: Internet shutdowns: Dubious distinction for fifth the year

The effects were far-reaching. Online help groups, which provided medical help to cardiac patients and emergency blood donations became defunct in the absence of internet connectivity. Patients receiving online treatment were left in the lurch for over a year.

Many women were forced to discontinue their studies and move back home to Kashmir, as they were unable to contact their families, or pay the fees.

Even after 2G services were reinstated, journalists were dependent on an internet centre set up by the government at a hotel in Srinagar. Initially, more than 300 journalists waited for hours to use the centre’s four computers and single mobile phone.

Allowing only 2G services, classified as an “internet slowdown” can only be considered a partial reprieve. “In these cases, there is no meaningful connectivity, as one cannot work and videos do not load on 2G data,” says Radhika.

As the shutdown seemed to see no end, scores of researchers had to move out of Kashmir to complete their assignments. “I was left with no option but to move out to access the literature which I needed to complete my thesis. I had to fly to Delhi and work from there,” says a doctor studying in the Department of Neurology at the Sher-i-Kashmir Institute of Medical Sciences in Srinagar.

The state government repeatedly justified the internet suspension as necessary for preserving human life and preventing terrorism. In its justification, it said no one had died in street protests after August 2019.

Government responsibility

In 2017, the procedure to suspend internet services was notified under Section 7 of The Telegraph Act, 1855. The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules outlined that the authority to issue the order for internet shutdowns rested with the Union Home Secretary or Home Secretaries of state governments. Prior to this, shutdowns were mostly issued under Section 144 of the Code of Criminal Procedure by District Magistrates.

Repeatedly challenged in courts across the country, the 2017 rules were eventually expanded on by the Supreme Court in Anuradha Bhasin v Union of India in 2019. The new guidelines held that restrictions on internet access by the government must be temporary, limited in scope, lawful, necessary and proportionate. The SC also emphasised that shutdown orders must be made publicly available and subject to judicial review.

However, these measures fall short. “Even though the rules are in place, they are often not followed. Shutdowns are implemented without orders being published. In some cases, they are published months later or not at all,” says Kris. While the rules call for shutdown orders to be published before services are suspended, in J&K for instance, the order for a November 2021 shutdown was only published the next year.

Even after the notification of the new rules, several states continue to suspend internet services under Section 144.

Ambiguous parameters

“It is evident that shutdowns can be used as repressive tools, as in Kashmir,” says Kris. In other scenarios, they have just become part of the standard operating procedure, in response to clashes or unrest. “As there is no accountability and no one is punished, shutdowns become part of a ‘better safe than sorry’ approach, especially in response to communal tensions,” he says.

Shutdowns are a blanket denial of the right to access the internet. Internet access was recognised by the Supreme Court as a fundamental right in 2019, and defined as a human right by the United Nations. “Shutdowns can never be accepted as a proportionate or necessary measure under international human rights law, or arguably, the Constitution,” says Raman Jit Singh Chima, Asia Policy Director and Senior International Counsel at Access Now.

“The only permissible restrictions would be those that are specific, targeted and meet the tests of necessity and proportionality,” he adds.

The consensus among civil society, researchers and citizens is clear — internet shutdowns deny access to fundamental freedoms and essential rights. “It is crucial for the Union government to accept that there is an internet shutdown problem in India. It is unfortunately in denial,” says Raman.

Pointing to the government failure to respond effectively, he adds, “The government has categorically evaded the SC order to review the rules and failed to respond to demands on this from the Parliamentary Standing Committee.”

In less than three months, 2023 has already seen 9 reported shutdowns. Their catastrophic economic, social and psychological consequences are glaringly evident. “Shutdowns need to be unthinkable. Unfortunately, they are the lowest-hanging fruit that the government often turns to,” says Radhika.

(With inputs from Zulfikar Majid in Kashmir)