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A PIL has been moved in the Apex Court contending that internet shutdowns across the country should be declared to be in violation of Articles 19 and 21 of the Constitution of India and are thus, unconstitutional and illegal.
The Public Interest Litigation (PIL) plea filed by Ehtesham Hashmi, has prayed that the Supreme Court lay down guidelines in order to prevent “arbitrary Internet Shutdown” by government authorities under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
Internet shutdown and suspension of communication services restricts an individual’s right to voice its opinion and receive information, without access to information freedom of speech and expression is meaningless. It not only restricts freedom of speech and expression but also other ancillary rights flowing from it.
The act of the government to suspend internet and communication services in various parts of the country has been questioned by the petitioner, who says that this “arbitrary act of the government” raises serious doubts on the intention of the government to adhere to the Constitution of India. Any such suspension of internet and communication services is, according to the petitioner, in violation of Articles 19 and 21 of the Constitution.
Internet has attained the status of a basic necessity and transformed the lives of people in this age of technological advancement, Hashmi stresses in his petition. He further adds that India has the second largest user base of internet in the world. The government’s decision to snap internet services is an attack on freedom of expression of individuals, the petitioner avers.
Hashmi in his PIL further contended that freedom of expression is an indispensable right guaranteed under the Constitution of our country, as also held by the Apex Court time and again. Thus, an act of suspending internet would be an “unreasonable, unjust, and arbitrary act”, in violation of right to freedom of speech and expression, he adds.
India holds the record for the maximum number of instances of internet shutdown in the world, wherein 100 of such instances took place in 2019 alone, the petition elaborates, while also citing the recent example of nationwide anti-CAA protests which have led to the shutdown of internet services on various occasions at different locations.
Citing the Supreme Court’s recent judgment delivered in the wake of the internet shutdown in Kashmir, the petitioner calls for the act of suspending these services to be declared as unconstitutional and arbitrary.
Therefore, as a crux of the matter in hand the PIL has been filed in the Supreme Court regarding internet shutdown in India should be declared unconstitutional.
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