SC On J&K Restrictions – Burning Issue – Free PDF

Context

• Recently, the Supreme Court gave a judgement in response to petitions filed, arguing the Internet shutdown and curbing of other civil liberties in the Jammu and Kashmir (J&K).

Meaning of SC verdict

• Infinite ban on internet impermissible
• Section 144 and legitimate expression of opinion
• No ruling on the Govt. actions

 Key takeaways

• Internet use constitutionally protected
• Test of proportionality
• No secret orders
• The SC judgment, while laying down some important principles in a fundamental rights case, appears to have the character of an advisory opinion.
• India tops the list of Internet shutdowns globally. According to Software Freedom Law Center’s tracker, there have been 381 shutdowns since 2012, 106 of which were in 2019.
• Internet suspension orders are subjected to Judicial Review
• In the wake of protests against the new citizenship law, Internet services were suspended temporarily in parts of Uttar Pradesh, Delhi and Karnataka.
• There should not be excessive burden on free speech even if complete prohibition is imposed, and the government has to justify imposition of such prohibition and explain why lesser alternatives were inadequate, the bench stated.
• The court mandated that all orders regarding the Kashmir case be made public.
• What the centre was arguing in this case was that this is a matter of national security given that it pertains to Kashmir with a history of militancy.

Internet shutdowns in India

• Nowadays, India is widely considered to be a world leader in cutting off access to the Net. Yet, there are no detailed official data on Internet shutdowns in India.
• Worldwide, Internet shutdowns are typically used when there is civil unrest, in order to block the flow of information about government actions or to end communication among activists and prevent the spread of rumours and fake news.
• Jammu and Kashmir: The erstwhile state has seen 180 Internet shutdowns since 2012, according to SFLC.
• The most commonly offered reasons for cutting access have been “encounter between security forces and militants”, “massive search operations”, “gunfights”, and “attack on CRPF men”.
• The Internet is pretty much a basic human right, even if not legally defined as such, for most parts of the world — without access to the virtual world, a very large number of vital human activities simply stops. Implications of a shutdown
• Education
• Women safety
• Human right
• Democracy
• Financial
• Court on Suspension of Internet services
• Court on Freedom of Speech and expression
• Court on Section 144

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