'Declare Internet Shutdowns As Unconstitutional': PIL Filed In SC [Read Petition]

A Public Interest Litigation petition has been filed in the Supreme Court seeking to declare internet shutdowns as "unconstitutional, illegal and unenforceable".

The petition filed by lawyer Ehtesham Hashmi, law student Arshad Hussain and Dipa Tiwari states that India has been witnessing arbitrary internet shutdowns, particularly in the backdrop of anti-CAA protests.

It is stated that India has the maximum number of internet shutdowns in the world in comparison to all other countries. In 2019 itself, there were more than 100 instances of internet shutdown. Various parts of J&K have been deprived of internet since August 5.

The petitioners refer to the recent decision of the SC on Kashmir lockdown, which declared that freedom of speech and expression and trade and commerce through the medium of internet are constitutionally protected rights. Reference is also made to the Kerala HC decision in Faheema Shirin v State of Kerala which declared right to access internet as part of right to privacy and right to education.

The petitioners contend :

"Internet shutdown restricts the freedom of an individual to seek, receive and impart ideas and information of all kinds. Internet shutdown and suspension of communication services restricts an individual's right to voice its opinion and receive information, without access to information freedom of speech and expression is meaningless. It not only restricts freedom of speech and expression but also other ancillary rights flowing from it.

The acts of suspending and shutting down internet services is wholly arbitrary in nature, unreasonable, unjust and is in violation of freedom of speech and expression guaranteed by the constitution of India, freedom of speech and expression is the first condition of liberty".

The petition also states : "The act of internet shutdown is not only an infringement of Fundamental rights but also a pernicious act to curb dissent in the garb of maintaining public order by the government and police official".

The petitioners also seek an alternate prayer for laying down guidelines to prevent the unreasonable and arbitrary Internet Shutdown under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

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