Lok Sabha Question No. 3982 (UNSTARRED), answered on 2020-03-18
Subject: Internet Shutdowns
Ministry: COMMUNICATIONS
Asked by: Suresh Kodikunnil

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK  SABHA UNSTARRED QUESTION NO. 3982 TO BE ANSWERED ON 18 TH  MARCH, 2020

## INTERNET SHUTDOWNS

## 3982.   SHRI KODIKUNNIL SURESH:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) the number of instances of internet shutdowns imposed in the country during each of the last three years, State/UT-wise along with the reasons therefor;
- (b) whether the  Government is  aware  of the  difficulties  faced  by  general  public  and  professionals including  journalists  and  employees  of  technology  companies  and  beneficiaries  of  internet  enabled services seeking digitally signed documents due to prolonged internet shutdowns in Kashmir;
- (c) if so, the details thereof and the reaction of the Government thereto; and
- (d) the  steps  taken  by  the  Government  to  review  the  conditions  enabling  the  reversing  of  internet shutdown by the competent authorities?

## ANSWER

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

- (a) In  order  to  streamline  the  process  of  internet  shutdowns  in  the  Country,  the  Department  of Telecommunications (DoT) notified 'Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017' on 07.08.2017. As per these rules, the directions for temporary suspension of telecom services, including that of internet services in an area, can either be issued by the Union Home Secretary in case of Central Government or the State Home Secretary in case of State Government, due to public emergency or in the interest of public safety.

Ministry of Home Affairs (MHA) granted permission to Delhi Police for temporary shutdown of telecom  services  in  certain  parts  of  Delhi  on  19 th and  20 th December,  2019,  under  the  provisions  of Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

Police and public order are State subjects as per the Constitution and States are responsible for prevention, detection and investigation of crimes through their law enforcement machinery. Concerned State  Governments  are  empowered  to  issue  orders  for  temporary  suspension  of  internet  services  to maintain  law  and  order  in  the  State  or  part  thereof  under  the  provisions  contained  in  the  Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Records related to internet shutdowns ordered by State Governments are not maintained by either DoT or MHA.

(b) & (c) Conscious of the requirements and difficulties likely to be faced by the general public and professionals  including  journalists  etc.,  due  to  measures  taken  for  safeguarding  the  sovereignty  and integrity of India, the Security of the State, maintaining public order and for prevention of loss of human

life  and  property,  the  Government took various steps, which among other things included provision of internet  facility  at  the  offices  of  the  all  the  Deputy  Commissioners  and  other  designated  places/Dak Bunglows, access to internet through e-kiosks and special counters at prominent hotels/offices of District Srinagar, Anantnag (Pahalgam), Baramulla (Gulmarg) and Ganderbal (Sonamarg), etc.

The banking sector also continued to render the services to their customers. E-banking facilities were provided to designated branches of various banks.

Media Facilitation Centre was established and equipped with all the facilities to provide the uninterrupted internet services to the journalists, facilitating them to provide un-regulated coverage.

At present, the telecom services are being regulated in accordance with the principles laid down in the judgement dated 10.01.2020, passed by the Hon'ble Supreme Court in WP(C) No. 1031/2019 titled Anuradha Bhasin vs. UOI and others and the provisions of the Indian Telegraph Act, 1885 and the Rules made thereunder. Due care is being taken to ensure that the orders are issued only after satisfying the principle  of  proportionality-after  due  consideration  of  the  various  aspects  viz,  nature  of  urgency,  goal intended  to  be  achieved,  existence  of  any  alternate  mechanism,  necessity  of  the  measure  intending  at imposing restrictions, assessment of all the available alternatives for implementation of least restrictive measure.

(d) The  orders  issued  by  the  competent  authority  to  the  effect  of  regulating  the  use  of  telecom services are being reviewed periodically to ascertain that the same are being issued as per the principles laid down in the said judgment dated 10.01.2020 of Hon'ble Supreme court in the WP(C) no. 1031/2019 and 1164/2019 and in terms of the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

**********