Why in the news?
Violence in Manipur caused due to ethnic conflict between
the two communities - Meitei and Kuki, has led to a blanket prohibition of the
internet across the state using Telecom Suspension rules.
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
a. Efficient authority to issue orders
i. The Secretary in the Ministry of Home Affairs (Central
Government)
ii.
The Secretary of the Home Department to the concerned
State Government
b. 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.
a. Internet ban is a temporary solution
to curb violence, but in Manipur the ban has been extended with passage each
deadline.
b. Supreme Court in 2020 ruling on Jammu
and Kashmir Internet shutdown: Indefinite internet shutdowns by the State are
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.
The lasting solution to counter fake news issue is by
allowing real news without censorship to be promoted and surfaced because
democracy needs information to function.
