On December 10, the Supreme Court heard a writ petition filed by the Software Freedom Law Center (SFLC), which sought regulation of internet shutdowns imposed during examinations to prevent cheating. The petitioner argued that such shutdowns, affecting vast populations for non-emergency reasons like exam security, lack legislative support and violate fundamental rights. According to official data, these shutdowns have caused over 71 hours of disruption in at least 12 instances, disproportionately affecting economic activities and citizens’ rights in the digital age.
Advocate Vrinda Grover, representing the SFLC, emphasized that the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, does not permit shutdowns for reasons like exam-related cheating. She cited the Supreme Court’s judgment in Anuradha Bhasin v. Union of India, which upheld internet access as constitutionally protected under Articles 19(1)(a) and 19(1)(g). Grover noted that alternatives to prevent cheating, such as technological solutions, should be explored instead of blanket internet bans.
The petition also called for compliance with the principles laid down in Anuradha Bhasin and highlighted instances of arbitrary shutdowns, including a statewide suspension in Rajasthan during teacher eligibility exams in 2021. The SFLC urged the Court to issue guidelines to prevent unjustified shutdowns and strike down blanket orders like the 2017 decision by the Rajasthan government.
The Union Government, represented by Advocate Kanu Agrawal, defended the current framework, stating that internet shutdowns are implemented by states under the Telecom Suspension Rules, 2017, and fall within their purview as “police and public order” are state subjects. The government also asserted that states are guided to exercise this power responsibly and in public interest. However, Agrawal contended that each shutdown order should be challenged individually in High Courts, as prescribed in Anuradha Bhasin.
The Supreme Court did not pass any orders but listed the matter for further hearing on January 29, 2024. The petition seeks to prevent arbitrary internet shutdowns and ensure compliance with constitutional protections for free speech and trade in the digital era.
Lawcutor 