The central government has recently introduced a bill to replace the Telegraph Act 1885. Amidst claims of reform, the Bill also presents another story that needs to be explored. A reading of the provisions of the Bill shows that it further limits the fundamental rights of the citizens. For example, the Bill provides for the statutory power to suspend internet services altogether. Although these provisions were already in existence, but till now they were through Section 144 of CrPC or Telecom Suspension Rules, 2017. Meaning if a law is made then this communication can be done through the bill.
Fundamental rights have been constantly tested and re-examined in independent India, including in our Constitutional Courts. The long-standing and difficult legal battle has won victories for personal liberty over the years, especially in the Anuradha Bhasin case in 2020 in which the Supreme Court held that the right to freedom of expression and The right to do any business or profession through the Internet is protected as a fundamental right. In the last few years and especially during the pandemic, the internet has become the need of every sector. has gone. The suspension of the Internet also prevents citizens from carrying out their trade, profession or occupation and restricts their access to health care and banking facilities. Persons employed in sectors such as tourism, IT and e-commerce are the most affected. In such a situation, the suspension of internet services is extremely harmful to the public interest. According to international reports, India lost Rs 21,378 crore in 2020 due to internet shutdown.
These figures were also recorded in the 2021 report on Internet shutdowns by the Parliamentary Standing Committee on IT. The Standing Committee further noted that governments are abusing the powers of internet shutdown, such as facilitating examinations or preventing democratic peaceful protests. The constitutionality of the 2017 Telecom Suspension Rules is being challenged in the Gauhati High Court
Is. In March 2022 the West Bengal High Court quashed the ongoing internet suspension order. Cases in Rajasthan High Court and Supreme Court also
In this context, it was a great opportunity for the Indian government to take a fresh look at internet suspension laws and draft a law that prioritizes citizens' rights. However, we will get a law that will strengthen the powers of the government at the expense of the citizens. In the Anuradha Bhasin case, the Supreme Court said that the internet shutdown orders should be published. The Supreme Court in the 2019 Puttaswamy case said there should be an independent judicial review of suspension orders. Experts have pointed out that the review committee is a powerless body, and it does not even have the power to revoke the ongoing internet suspension. States like Rajasthan do not even have a review committee that meets as required by law. These are measures that could have been counted as reforms.