Internet Shutdowns in Manipur

Internet Shutdowns in Manipur

Why in the News?

Recently, full internet access was restored in Manipur attributing it to the “improved” law and order in the state.

• The announcement comes after 143 days (since May 3) registering India’s second-longest internet blackout (after 552-day shutdown in Jammu and Kashmir).

The pattern of Internet ban:

Legality of Internet ban in India:

1. Section 144 of CrPC

It permits the Magistrates to direct properties i.e. cell phones, towers,etc to be used in certain ways. This has been resorted to by magistrates to prevent or cease the internet services in certain areas for certain durations, ordinarily 48-72 hours.

2. Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017
   1. Efficient authority to issue orders
      1. The Secretary in the Ministry of Home Affairs (Central Government)
      2. The Secretary of the Home Department to the concerned State Government
   2. The Review Committee has to meet within the next 5 working days of the issuance of order to ensure that the order conforms to provisions under Sec 5(2) of the Indian Telegraph Act, 1885.

Why is the Internet banned during violence?

1. Prevent free flow of negative information
2. Prevent terror, militant or anti-national networks to have situational awareness access on a real-time basis.

Concerns of Internet ban:

1. Disproportionate infringement of the Right to speech and the Right to know.
2. It may lead to spread of misinformation which can trigger further violence.

• In Manipur, reports say that a disinformation served as a pretext for advancing sexual violence against Kuki-Zo women.

3. Unwarranted usage of complete ban on internet when Internet censorship (blocking individual websites) or partial prohibition of internet was itself sufficient.
4. Ceiling of information to the outside world.

• The Indian population is unaware of the scale of violence in Manipur because of the internet shutdowns and media censorship.

5. Against democratic norms of a free state where access to the internet is protected under Article 19 of Part III Fundamental Rights of the constitution.

• Anuradha Basin Vs Union of India- Internet shutdowns were declared a violation of the freedom of expression by the Supreme Court.

6. Internet ban being used as an indefinite solution.
   1. Internet ban is a temporary solution to curb violence, but in Manipur the ban has been extended with passage each deadline.
   2. Supreme Court in 2020 ruling on Jammu and Kashmir Internet shutdown: Indefinite internet shutdowns by the State is not permissible under Indian Constitution and it is an abuse of power.
7. It affects the essential functioning of the entire state in the present technological era - access to hospital, government, e-banking, education and other essential services.
8. Maintenance of a centralised database has been refused by the Department of Telecom and it has proposed a Telecom Bill that retains unchecked power to implement internet shutdowns.