Lok Sabha Question No. 3570 (UNSTARRED), answered on 2021-03-17
Subject: Temporary Suspension of Telecom Services
Ministry: COMMUNICATIONS
Asked by: Karti P. Chidambaram

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK  SABHA UNSTARRED QUESTION NO. 3570 TO BE ANSWERED ON 17 TH  MARCH, 2021

## TEMPORARY SUSPENSION OF TELECOM SERVICES

## 3570.   SHRI KARTI P. CHIDAMBARAM:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) the status of formation of review committees under rule 2(5) of the Temporary Suspension of Telecom Services  (Public  Emergency  or  Public  Safety)  Rules,  2017  across  the  country,  State/UTwise;
- (b) whether the Government has conducted any review/inspection to see if the review committees met within 5 working days of a suspension order to examine its validity, as required under rule 2(6) of the abovementioned rules and if so, the details and the outcome thereof;
- (c) whether the Government has conducted any review/inspection to see if the review committees subsequently  met  every  7  days  to  examine  whether  the  continuation  of  the  suspension  is  still warranted, as directed by the Supreme Court in the Anuradha Bhasin judgement and if so, the details and the outcome thereof;
- (d) whether the Government has taken note of the fact that the country has registered the world's highest  number  of  internet  shutdowns  and  if  so,  the  details  thereof  and  the  reaction  of  the Government thereto; and
- (e) whether  the  Government  agrees  with  the  general  consensus  among  the  citizens  that  a suspension of internet is an attack on free speech and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR COMMUNICATIONS, EDUCATION AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

- (a) Department  of  Telecommunications  (DoT)  notified  'Temporary  Suspension  of  Telecom Services (Public Emergency or Public Safety) Rules, 2017 on 07.08.2017 under the Indian Telegraph Act 1885 under which, the directions to suspend the telecom services,  including internet in an area, can either be issued by the Union Home Secretary or Home Secretary of State Government concerned as  the  case  maybe,  to  maintain  law  and  order  in  the  State  or  part  thereof  under  the  provisions contained in the said rules. Such orders are forwarded to the review committee as per provisions in said rules. Records relating to formation of review committee(s) of States/UTs are not maintained by DoT.

(b) The proceedings of review committee(s) of States/UTs are not reviewed by DoT.

(c) In light of the Hon'ble Supreme Court judgment dated 10.01.2020 in W.P.(C) no. 1031/2019 and  1164/2019,  Temporary  Suspension  of  Telecom  Services  (Public  Emergency  &  Public  Safety) Rules, 2017 has been amended vide Gazette Notification dated 10.11.2020. The said amendment has been  forwarded  to  all  Chief  Secretaries/Administrators  of  States/UTs  emphasizing  that  Hon'ble Supreme Court has mandated the publication of suspension orders; and all orders for suspension of Telecom Services must  adhere to  the  principle  of  proportionality  and  must  not  extend  beyond  the necessary duration.

(d) No such authentic information is available with DoT.

(e) In the present digital era, internet has become one of the important mediums for education, financial transactions, business, information, etc. and its contribution to the economic well-being of the society is substantial, but the fact cannot be denied that the social media platforms operating on internet are also being used by terrorists/anti-social elements to disseminate hate and violence thus disturbing the social harmony.

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