SFLC.in wrote a letter to the special committee formed by the Supreme Court in Foundation of Media Professionals v. Union of India offering our assistance to the committee.

On 11th May 2020, the Supreme Court had ordered that a special committee has to be formed comprising of The Home Secretary to the Government of India, the Communications secretary and the Principal Secretary to the Union Territory of Jammu and Kashmir to look into restoring 4G internet connection in the Union Territory. This committee was to be headed by the Home Secretary.

Jammu and Kashmir had faced unprecedented communication blackout since August 4th, 2019. 2G internet speed was restored in the valley only after 213 days. During this time, the COVID-19 pandemic struck the country, making it essential for the region to have 4G internet speed.

The order pronounced by a Bench comprising of Justices N.V Ramana, R Subhash Reddy, and B.R Gavai constituted a special committee to look into restoring 4G in the region. The order also asked the special committee to consider restricting internet speed in problematic areas and letting other areas have high-speed internet on a trial basis.

We wrote to the special committee offering our assistance in the matter.

To read the letter, visit: https://sflc.in/letter-special-committee-offer-assistance-jammu-and-kashmir-restoring-4g-internet-services

On 12th May 2020, without any advance notice to the citizens, Internet services were cut off in some parts of Hoogli district in West Bengal,following communal riots. From the information that was received by SFLC.in, it was found that the internet had been suspended using Section 144 of Criminal Procedure Code, 1973. The legally prescribed manner of imposing an internet shutdown is through the procedure laid down in Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 which were notified in 2017. The situation became even more critical as the suspension of the internet for 6 long days would have had a detrimental impact on the fight against COVID-19.

Taking into account the manner in which the internet shutdown was imposed and the hardships being faced by the citizens due to the same, SFLC.in moved a Petition before the Calcutta High Court yesterday, challenging this order of arbitrarily imposed internet shutdown.

To read more on the case and the petition filed by SFLC.in, visit: https://sflc.in/sflcin-moves-calcutta-high-court-challenging-internet-shutdown-hoogli-district

It was on the evening of August 4, 2019 that the erstwhile State of Jammu and Kashmir plunged into unprecedented communication darkness. Telephone and Internet connections were snapped in the valley and the next day Article 370, which gave Kashmir a special status, was abrogated. This started the longest communication blockade in the history of a democracy, cutting off Kashmir virtually from the rest of the world. It took exactly 213 days for the Centre to partially restore the internet in the valley, with obsolete 2G technology. This inadequate move was preceded by white listing certain websites raising concerns about net neutrality as well. Both the moves which tantamount to internet suspension were in consonance with the government order, dated March 4, 2020, issued by the Principal Secretary, Home Department, Shaleen Kabra [Government Order No.Home -21(TSTS) of 2020]. Although various civil society organizations and individuals had requested the government to restore 4G Connection, the Principal secretary passed another order extending the previous order till 27th April 2020.

The world right now is dealing with an unprecedented situation called COVID-19 which has been declared a global pandemic by the World Health Organization. The pandemic of extreme contagious nature, has forced almost all the countries in the world to go on a lockdown. Till date there are above 20,00,000 cases in the world out of which more than 12,000 are in India. The Union Territory of Jammu and Kashmir has recorded over 454 cases. COVID-19 which spreads exponentially through social contact, complete lockdown followed by self-isolation is said to be the only best measure against it. Most offices across the globe have shifted to remote work and meetings are being held virtually. Information to fight the pandemic is being circulated online, through Whatsapp bots, through video content, through advisories. It is 2020 and the world is digital, but Kashmir is still living at 250Kbps of speed. Information is a key tool to contain pandemic in view of no treatment or vaccine available. Crucial information if provided to doctors at the right time, can prevent them from making the same mistakes as has been made by the fraternity in other countries in containing the outbreak.

Generally, the internet speed required to perform day-to-day office work including video calls with screen sharing, sending emails with attachments, viewing videos; the internet speed on an average should be between 15-20Mpbs. The internet speed in Kashmir is currently 50 times less than the minimum desired speed.

SFLC.in has put together some voices from Kashmir reflecting on how a society all too accustomed with internet shutdowns used 2G technology to combat an unprecedented pandemic. Visit https://sflc.in/using-2g-fight-pandemic-digital-world 

SFLC.in welcomes the judgment pronounced today by the Supreme Court in Anuradha Bhasin v Union Of India(W.P(C) no. 1031 of 2019) wherein the Court has directed that shutdown orders must adhere to the principle of proportionality and must be temporary in nature. SFLC.in maintains the only internet shutdown tracker in India and has been trying to raise awareness among citizens in general and policymakers in particular about the need to prevent Internet shutdowns.

In the present age, Internet is a medium that is necessary for citizens to meaningfully exercise their fundamental right to freedom of speech and expression, right to education and right to life. SFLC.in has always argued for considering right to internet access as a fundamental right and the High Court of Kerala had upheld this contention in Faheema Shirin v. State of Kerala (WP(C) 19716/2019) while holding that right to access internet is a part of right to education and right to privacy.

To read the full statement, visit: https://sflc.in/statement-about-sc-judgment-internet-shutdown-kashmir

The Kerala High Court in a monumental decision has held ‘Right to Internet Access’ as a fundamental right. The Court declared that the right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India.

The petition was filed by Faheema Shirin, a hostel resident and student of Sree Narayana College, Chelanur, Kozhikode against the discriminatory girls’ hostel rules, specifically banning use of mobile phones from 6 PM to 10 PM which restricted them from accessing internet. The petitioner was subsequently arbitrarily expelled from the hostel on protesting against the rules.

SFLC.in intervened in the matter for the petitioner. In the counter-affidavit filed, SFLC.in brought to Court’s notice the arbitrary, unlawful and unconstitutional restrictions imposed on the female residents by the hostel authorities, specifically violations of Articles 14, 19(1)(a) and 21 which provide rights to equality, information and personal liberty. Restricting use of digital devices hampered the girl students’ ‘ability to access and use digital resources to learn and communicate’, thus putting them at serious disadvantage compared to their male counterparts.

To read more, visit: https://sflc.in/kerala-high-court-declares-right-access-internet-fundamental-right

SFLC.in, in association with the Digital Empowerment Foundation, IT for Change, Internet Democracy Project, Centre for Internet and Society, and Foundation for Media Professionals, organised a public discussion titled “Access Denied: Internet Shutdowns in a Digital India” on Monday, April 24, 2017 at Hauz Khas Social, 9A & 12, Hauz Khas Village, New Delhi." This event brought together a group of `key stakeholders to discuss the increasingly frequent Internet access disruptions that are imposed by states across India. 

For more detail, visit: https://sflc.in/public-discussion-access-denied-internet-shutdowns-in-a-digital-india-april-24-2017-new-delhi