Internet shutdowns become chronic

BY SIMRAN AGARWAL, RAHUL BHATNAGAR, SHILPI GOYAL| IN Digital Media | 05/01/2018

There was not a single month in 2017 when an internet shutdown was not in force in some part of the country.

Research by SIMRAN AGARWAL, RAHUL BHATNAGAR, SHILPI GOYAL

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India is becoming increasingly notorious for internet shutdowns. As the table and calendar below will show, there was not a single month in 2017 when an internet shutdown was not in force in some part of the country. The year 2016 recorded 31 shutdowns. For 2017 the figure was 77.

State-wise summary

State	Number of cases
Jammu & Kashmir	40
Rajasthan	11
Haryana	8
Bihar	3
Uttar Pradesh	2
Tripura	2
West Bengal	2
Nagaland	2
Odisha	2
Andhra and Telangana	1
Gujarat	1
Madhya Pradesh	1
Maharashtra	1
Punjab & Chandigarh	1
Total	77

Equally, there were only three months in that year that the state of Jammu and Kashmir did not experience an internet shutdown somewhere in the state. It has become a reflex action there for law and order enforcement, and journalists in particular were hit hard by this basic withdrawal of communication facilities.

As beleaguered reporters and cameramen pointed out, the shutdowns did not affect the police or army or political parties as they had dedicated leased lines.

In May, two UN Special Rapporteurs voiced criticism of the Indian government’s decision to shut down specific social media apps in Kashmir, and of internet shutdowns in general, and asked for connectivity to be restored. Their statement had said that: “The scope of these restrictions has a significantly disproportionate impact on the fundamental rights of everyone in Kashmir, undermining the Government’s stated aim of preventing dissemination of information that could lead to violence”.

Month	Place and Date
January	Nagaland- Wokha and Phek districts, 19^th January- 20^th February
	Nagaland, January 30^th- 20^th February
	Haryana- Jhajjar 29^th
	Haryana- Rohtak, Bhiwani, Hisar, Sonipat, and Panipat, January 30^th
February	Haryana- Jhajjar, Panipat, Sonipat, Hisar, Rohtak, Jind, and Bhiwani, February 17^th- February 19^th
February	Haryana-Rohtak, Bhiwani and Sonipat districts, 5PM February 25^th - February 26^th
March	Haryana- Rohtak, Bhiwani, Sonipat and Jhajjar districts, March 18^th – March 19^th
March	Rajasthan- Sikar district- March 31^st – April 6^th
April	Jammu & Kashmir- Srinagar, Budgam and Gandarbal districts, Kashmir Valley, April 8^th - April 13^th
	Jammu & Kashmir- Budgam, April 13^th
	Jammu & Kashmir- Pulwama, April 17^th- April 19^th
	Odisha- April 9^th – April 11^th
	Odisha- Kendrapara, April 19^th – April 21^st
	Rajasthan- Udaipur and Fatehnagar- April 18^th – April 19^th
May	Jammu & Kashmir, May 27^th – June 2^nd
May	Uttar Pradesh, Saharanpur, May 24^th -June 4^th
June	Madhya Pradesh- Mandsaur, Ratlam and Neemuch districts, June 6^th – June 11^th
	Jammu &Kashmir, June 7^th
	Jammu & Kashmir- Kashmir Valley, June 12^th -June 19^th
	Jammu & Kashmir- Pulwama, June 22^nd
	West Bengal- Darjeeling, June 18^th -till date
	Uttar Pradesh - Saharanpur, June 8^th -June 12^th
	Rajasthan - Nagaur district , June 30^th –July 5^th
	Maharashtra- Nashik, June 5^th for a few hours
July	Rajasthan- Nagaur, Churu, Sikar and Bikaner districts, July 11^th – July 14^th
	Jammu & Kashmir- Anantnag, July 1^st
	Jammu & Kashmir- South Kashmir, July 2^nd
	Jammu & Kashmir- Kashmir Valley, July 6^th - July 9^th
	Jammu & Kashmir- Across Kashmir Valley, July 10^th- July 12^th
	Jammu & Kashmir- Morbi and Surendranagar districts, July 13^th -July 19^th
	Jammu & Kashmir- Pulwama , July 16^th
	Jammu & Kashmir- Anantnag dist, July 18^th
	Jammu & Kashmir- Bijbehara town and adjacent areas, July 20^th
	Jammu & Kashmir- Budgam district, July 21^st -July 25^th
	Jammu & Kashmir- Anantnag district, July 26^th
	Jammu & Kashmir- Pulwama, July 30^th
	West Bengal- Baduria and Bashirhat areas of North 24 Parganas district, July 5^th -July 10^th
	Tripura, 20^th July (14 hours)
	Gujarat- Morbi and Surendranagar districts, July 18^th to July 14^th
August	Jammu & Kashmir- Pulwama district, August 1^st –August 2^nd
	Jammu & Kashmir- Anantnag, Kulgam, Pulwama and Shopian districts, August 3^rd
	Jammu & Kashmir- Baramullah, August 5^th
	Jammu & Kashmir- Pulwama, August 9^th
	Jammu & Kashmir- Shopian and Kulgam district, August 13^th
	Jammu & Kashmir- Kashmir Valley, August 15^th
	Jammu & Kashmir- Pulwama district, August 16^th
	Jammu & Kashmir- South Kashmir, August 19^th
	Jammu & Kashmir- Pulwama district, August 26^th
	Punjab & Haryana- Areas around Panchkula, August 24^th – August 29^th
	Rajasthan- Sriganganagar and Hanumangarh, August 25^th- August 27^th
September	Bihar- Madhepura, Supaul, Saharsa, Purnea, Araria, Kishanganj and Katihar, September 5^th
	Bihar- Nawada district, September 28^th– November 5^th
	Jammu & Kashmir- Shopian and Kulgam districts, September 2^nd
	Jammu & Kashmir- Sopore, September 4^th
	Jammu & Kashmir-Sopore town of Baramula district-September 9^th
	Jammu & Kashmir- Kulgam and Anantnag districts, September 11^th
	Jammu & Kashmir- Kupwara district, September 15^th
	Jammu & Kashmir- Jammu, September 20^th
	Rajasthan- Jaipur, September 9^th
	Rajasthan- Sikar district, September 11^th
	Rajasthan- Jaipur’s Ramganj area, September 15^th - September 20^th
	Tripura, Agartala, September 21^st – September 25^th
	Haryana- Sirsa district, September 8^th- September 10^th
October	Jammu & Kashmir- Across Kashmir, October 13^th
	Jammu & Kashmir- North Kashmir’s Bandipora district, October 25^th
	Bihar- Arwal, Jamui, Bhojpur, Katihar, Sitamarhi and West Champaran, October 1^st- October 5^th
November	Jammu & Kashmir- Pulwama district, November 2^nd
November	Haryana- Jind, Hansi, Bhiwani, Hisar, Fatehabad, Karnal, Panipat, Kaithal, Rohtak, Sonipat, Jhajjar, Bhiwani and Charkhi Dadri, November 24^th – November 27^th
December	Rajasthan- Bhilwara, Chittorgarh and Nimbahera, December 3^rd
	Rajasthan- Udaipur and Rajsamand district, December 13^th – December 14^th
	Rajasthan- Bundi district, 6am on December 31^st to 6am on January 2^nd , 2018
	Jammu & Kashmir- Sopore, Baramulla, Handwara and Kupwara, December 11^th
	Jammu & Kashmir- Kulgam and Anantnag district, December 15^th
	Jammu & Kashmir- Shopian district, December 18^th - December 26^th
	Jammu & Kashmir- Pulwama district, December 26^th
	Jammu & Kashmir- Pulwama district, December 31^st
	Andhra Pradesh and Telangana- Adilabad district of Telangana, December 16^th

Most internet blocks in India are taking place under Section 144 of the Criminal Procedure Code 1973, which gives the state government the power to stop unlawful assemblies of people to prevent public disorder, rioting and so on. They can be brought into force by a notification signed by the district magistrate or a commissioner of police in a metropolitan area. However, legal experts have been arguing against the constitutional validity of imposing internet shutdowns, especially under Section 144.

One argument is that Section 144 does not even contain the appropriate legal power to order a suspension of Internet services, since the power to regulate telegraphs (or the internet in this case) is vested with the Union and not with the state. In that context, any internet shutdown should really take place under Section 5(2) of the Telegraph Act and Section 69A of the Information Technology Act.

Medianama reported that in August 2017 that the Ministry of Communications issued (and notified) rules for shutting of telecom services – and by extension, the shutting down of Internet services in India. The notification for the rules was issued under the Telegraph Act. These shutdowns are notified using Section 144 of the CrPC which can be invoked by a district magistrate or the collector.

The new rules issued by the central government sought to take the power to impose shutdowns away from the district collector, and vest it with a higher authority such as the state home secretary or the union home secretary. The frequency of shutdowns however continued unabated after August, as the calendar (above) shows.

Reasons for shutdowns

Bihar

Communal Tension

Gujarat

Caste Conflict

Haryana

Jat Protests turned violent

Jammu & Kashmir

“To prevent any rumours” during bypoll
To “prevent any rumours” after a sudden spurt in the protests and violence after students were injured in security force and police action
After militant Sabzar Bhat was killed in an encounter
To prevent rumours from spreading, after three Lashkar-e-Toiba militants were killed in an encounter
Heightened tensions after a youth’s death in firing by security forces
“To prevent the spreading of rumours on the social networking websites” amid a gunfight between militants and government forces
To “prevent the spread of rumours” in the wake of a general strike called by pro-freedom groups in protest against the death of two civilians
The first death anniversary of Hizbul Mujahideen commander Burhan Wani
To counter the “Kashmir Awareness Campaign” called by the Joint Resistance Leadership
After seven Amarnath yatra pilgrims were killed in a terror attack
Strike called by separatists
The killing of three youths in military operation
Killing of a meat seller in a stray army shootout.
Three militants escaped from a cordon and search operation of the army
Killing of a young tailor Tanveer Ahmad Wani in an army firing
Killing of two militants in a shootout
Wake of protests following the killing of two Lashkar-e-Taiba militants
Encounter in a village where three militants believed to be trapped.
As “precautionary measures”, after killing of three LeT militants
After six terrorists are gunned down in two separate incidents
To prevent trouble after a man allegedly disappeared while in Army custody.
After an alleged sacrilegious act
To prevent rumor-mongering on braid-cutting incidents.
Following a gunfight in Hajin
To mourn the killing of a militant in a gunfight with forces
Before the funeral prayers for slain Lashkar-e-Toiba militant
In the wake of a gunfight between militants and government forces

Madhya Pradesh

Farmers’ agitation turned violent

Nagaland

To “thwart rumour mongers” and prevent the spread of violence in the state

Punjab

Ahead of the verdict in the case of Ram Rahim Singh

Rajasthan

In the aftermath of the encounter of fugitive Anand Pal Singh
Ahead of the Shraddhanjali Sabha organised by the Rajpur community in honour of gangster Anand Pal Singh
Protest by Rajput community demanding CBI probe into the encounter of gangster Anand Pal Singh.
Farmers took to the streets in protest for remunerative crop prices, complete loan waiver and other demands
Clashes between police and people of a community
Processions in support of Shambhulal Regar, who is in custody for hacking a Muslim migrant labourer to death, burning the body and filming the barbaric act

Tripura

After the death of the journalist Shantanu Bhowmick.

Uttar Pradesh

To prevent the misuse of social media, in fomenting tension following the arrest of Bhim Army founder Chandrashekhar
To "maintain peace and ensure law and order” following several cases of caste-related violence

West Bengal

Violent clashes between pro-Gorkhaland supporters and police

Communal tensions triggered by an “objectionable” Facebook post

Data sourced from the Hoot’s Free Speech Hub and the Software Freedom Law Centre’s Internet Shutdown Tracker.