Approach:

Introduction: Using data and reports, highlight the issue of internet shutdowns in India.

Body: Write about how the Internet shutdown impacts fundamental rights and mention the impact of the Internet shutdown on society.

Conclusion: Cautionary conclusion on the use of internet shutdowns.

Answer:

As per the Global Internet Shutoffs report conducted by Access Now and the KeepItOn coalition, India ranked first among the nations that implemented internet shutdowns in 2022. Worryingly, India has consistently held this top position for the past five years.

Blanket bans are a violation of the Fundamental Right to Speech:

1. Right to Freedom of Speech and Expression: Access to the Internet is an intrinsic part of Article 19 and was also held by the SC in the Sabu Mathew George case. The Supreme Court held that the "right to freedom of speech and expression" encompasses both "the right to be informed" and "the right to know."
   1. Blanket bans also violate the guidelines provided by the Supreme Court in the Anuradha Bhasin vs. UoI case that any shutdown should have limited scope and be subject to the test of proportionality.
2. Right to Education: The Internet ban impacts the access to education of online learners. This hinders their Right to Education under Article 21A of the Constitution.
3. Right to Personal Liberty: Internet shutdowns impact personal liberty and, as a result, violate Article 21 of the Constitution.

Implications of Internet Shutdowns for Society:

• Impact on economic activities: Blanket bans impact the ability to carry out trade and business, as most businesses in the digital age are dependent on internet connectivity.
  • Disruptions to communication services have serious repercussions for various economic sectors, including financial transactions, commerce, industry, labour markets, and service delivery platforms.
  • According to a report by the Internet Society, recent Internet shutdowns in Manipur and Punjab have cost the Indian economy USD 1.9 billion.
• Impact on health and humanitarian assistance:
  • The Indian Council for Research reported that internet shutdowns impact healthcare services due to increased digitization of health records and facilities. Doctors and patients rely on the Internet for consultation, and these activities are typically affected by internet shutdowns.
  • Blackouts of the internet have an impact on government-provided health programmes for the poor and vulnerable, hindering access to healthcare. In early 2020, hospitals in Kashmir struggled to handle cases of Ayushman Bharat beneficiaries.
• Impact on Human Rights: Without the Internet, journalists and civil society actors were unable to report on any human rights abuses that took place during protests.
• Impact on technological advancements: Such restrictions create uncertainty for technology companies, leading to reduced innovation and research in the sector and stunted growth in the digital economy.
• Impact on policy implementation: As the penetration of e-governance increases, policy implementation becomes dependent on the availability of the Internet. For example, the Verification of Jeevan Praman for the elderly gets delayed due to the non-availability of the internet at Common Service centres.

Thus, blanket bans on digital connectivity present a complex challenge that necessitates a balanced approach. While ensuring security and public order is paramount, policymakers must carefully weigh the potential violation of fundamental rights and the broader societal implications.