Despite their increasing and unfortunate ubiquity, internet shutdowns remain largely absent in official government records. This hampers any analysis and accountability post their implementation.
Minister of State of Home Affairs Ajay Kumar Mishra noted in a reply to the Lok Sabha in 2021 that, “temporary suspension of telecom services/internet shutdown is done by the appropriate authorities in the States/UTs concerned in the interest of maintaining law and order.” He added that centralised data is not maintained by the government.
In fact, the Standing Committee on Communications and Information Technology flagged the lack of records as an alarming issue in a 2021 report, stating, “It is surprising to note that records related to internet shutdowns ordered by state governments are not maintained by either DoT (Department of Technology) or MHA (Ministry of Home Affairs) and both the Ministries/Departments are not aware of the number of internet shutdowns imposed by the States.”
The Home Ministry, DoT and Ministry of Communications have repeatedly dismissed the Union Government’s responsibility to maintain records, passing on accountability to state departments. “Police and public order are state subjects as per Seventh Schedule of the Constitution and states are responsible for prevention, detection and investigation of crimes,” Minister of State for Communications Devusinh Chauhan stated in a December 2022 reply in the Rajya Sabha.
Censuring the government’s dismissal of liability, the panel stated that it was “not satisfied with such a reply.” It emphasised the need to address this gap, and also strengthen the review process, calling on state governments to review all shutdown orders forthwith.
The report also noted the lack of objective parameters in the rules to determine the necessity of shutdowns, currently limited to “public emergency” and “public safety”, neither of which are clearly defined.