Internet curbs against
right to information
Hari Jaisingh
Internet shut-down in J-K cannot be indefinite, says SC
Anuradha Bhasin and Ghulam Nabi Azad
The Supreme Court has
rendered a great service
to the nation and its
people by giving a muchneeded wider and
specific orientation to our
concept of “freedom of speech and
expression” in its landmark verdict.
On the petitions filed by Kashmir
Times Editor Anuradha Bhasin and
Congress leader Ghulam Nabi Azad
challenging freedom curbs imposed
in Jammu and Kashmir.
Over 35 years after declaring that
newspaper publication was part of
the right to free speech, the Supreme
court ruling has clearly stated that
the expression of views and carrying
out trade through internet are part of
the constitutionally guaranteed
fundamental right to free speech.
Therefore, indefinite suspension of
internet services is “Impermissible".
The bench categorically stated:
“The importance of internet cannot
be underestimated, as from morning
to night, we are ecapasulated within
cyberspace and our activities are
enabled by use of internet".
I very much appreciate the apex
court’s forward-looking approach to
the “freedom” concept. Equally
noteworthy is the court observation
on the right of dissent. Decrying the
on-going practice of imposition of
prohibitory orders under section 144
of the criminal procedure code since
the British days, the apex court has
ruled that the Section 144 “cannot be
used to curb the citizens’ right to
dissent or expression of grievance in
exercise of democratic rights."
This sharp observation should
help putting the ruling authorities in their place. The bench made it clear
that application of the provision
should be to situations of emergency,
and for preventing obstruction and
annoyance or injury to any person lawfully employed. It stated that
repetitive orders under Section 144
would be “an abuse of power”. It has
asked the authorities to notify all
prohibitory orders passed in J & K so
as to enable aggrieved persons to
challenge it at an appropriate forum
in any part of the country.
The bench made it clear
that application of the
Internet curbs related
provision should be to
situations of emergency,
and for preventing
obstruction and
annoyance or injury to
any person lawfully
employed. Repetitive
orders under Section 144
would be “an abuse of
power”. It has asked the
authorities to notify all
prohibitory orders passed
in J & K so as to enable
aggrieved persons to
challenge it at an
appropriate forum in any
part of the country.
It may be recalled that mobile
phones, landlines and internet
services were suspended in the
Valley on August 4, 2019. An
international advocacy group, says
that the J & K net shutdown has been
longest ever in any democracy. A UK
technical research firm recently said
that State-imposed net blackouts
cost the Indian economy $ 1.3 billion
last year. This is shameful, to say the
least. I am sure this must have added
to the cost of the country’s economic
slowdown.
It is regrettable that India tops the
list of internet shutdowns globally.
PM Modi needs to look into this
matter seriously. At stake, is India’s
image on the world stage. It is widely
known that internet services were
often suspended in UP, Delhi and
Karnataka in the wake of protests
against the Citizenship Amendment
Act (CAA). This ought to be a matter
of serious concern to the persons at
the helm. The Supreme Court has apparently given them a big blow on
the way they have been playing with
the citizens’ freedom.
Amidst today’s complexities, what
is required on the part of our ruling
class is a proper understanding of
what people want. Unless our
solutions reflect the people’s genuine
needs and expectations, the
authorities are bound to fail. And it
needs to be understood that India is
too large a country to be moved by
short-cuts and over-simplifications of
“internet curbs”.
Clay has a tendency to mould, but
it needs a potter’s expert hand to
shape and form. This is where our
authorities are failing the people and
the nation in the intricate art of
governance. There are, of course,
both positive and negative pointers
to the polity, depending on how one
looks at the image of the nation.
Much depends on the rulers’
perspective and attitude to the
overall situation. This is where we see
serious gaps in the one-track mindset
of PM Modi and Amit Shah in
governing India.
Take the current restlessness. It
could be described as alarming, in
parts of India, the Valley included. All
the same, as long as legitimate
democratic safety valves could help
people to let off steam, there would
always be hope for reconciliation and
readjustment, whatever be the
nature of problems concerning the
people’s right to information.
Greatness, howsoever blessed by
the glorious past, cannot be
sustained through a series of
compromises. A great and rich
tradition demands vision as well as
the ability to translate it into reality. A
balanced vision of modern India
demands we should hold all
communities together. Today the
rulers do not seem to have faith in
their own ability to restore and
recreate the fabric of an integrated
and forward-looking national society.
In the circumstances, we need to
constantly remember that only
persons of courage and decisive
firmness leave their imprint on the pages of history. Here the principal
objective is to reverse the process of
internet and other curbs and make
the system and the ruling class more
responsive two the people’s changing
needs. I am sure the Supreme Court’s
landmark judgment will help change
the mindset of today’s rulers.
What is required on the
part of our ruling class is a
proper understanding of
what people want. The
authorities need to
understand that India is
too large a country to be
moved by short-cuts and
over-simplifications.
Indeed, the people have the right
to information. So, it is imperative
that the sluice gates of misinformation are identified,
exposed and closed, whether they
are operated by state agencies or
non-official agencies.
Of crucial importance here is the
task of reorienting the administrative
structure and revamping the
established procedures as laid down
by the apex court’s orders. Over to
Prime Minister Narendra Modi and
his close associates.
Mercifully, the J&K administration
restored pre-paid cellphone service
(voice and SMS) on January 18, over
five months after it was suspended.
The latest development came after
the apex court on January 10 asked
the administration to review within a
week all orders imposing curbs in the
Union Territory.
This is surely a small step forward.
However, in view of the large-scale
“house arrests,” of a number of
stalwart political leaders, the ModiShah establishment has still a long
way to go for the restoration of
normalcy in Jammu and Kashmir. I
do hope sooner or later, a better
sense would prevail among our
Central leaders.