Lok Sabha Question No. 2351 (UNSTARRED), answered on 2018-12-26
Subject: Temporary Suspension of Telecom Services
Ministry: COMMUNICATIONS
Asked by: A.P. JITHENDER REDDY

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK  SABHA UNSTARRED QUESTION NO.2351 TO BE ANSWERED ON 26 TH  DECEMBER, 2018

## TEMPORARY SUSPENSION OF TELECOM SERVICES

2351. SHRI A.P. JITHENDER REDDY:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether the Department of Telecom (DoT) has issued any advisory/ circular/correspondence order/direction for execution, implementation or use of Temporary  Suspension  of  Telecom  Services  (Public  Emergency  or  Public  Safety) Rules, 2017 (Rules) to any department, Ministry or public official in any State/UT and if so, the details thereof;
- (b) whether DoT has held any meeting or discussion to review working of the said Rules and if  so,  the  dates  of  the  meeting,  list  of  attendees,  agenda  and  the  minutes thereof;
- (c) whether  there  is  any  ongoing  process  by  which  DoT  reviews  operation  of  the Rules and disruption of internet access with particular reference to collecting data on number of directions/ orders made under the Rules and if not, the reasons therefor and if so, the details thereof; and
- (d) whether DoT has received any complaints, representations and petitions on the Rules and if so, the details thereof and the action taken by the DoT in this regard?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

- (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. On 14.08.2017, DoT endorsed these rules to all Chief Secretaries of States/Administrators of Union Territories.
- (b) No such meeting has been held to review the working of the Rules.

(c) Ministry  of  Home  Affairs  (MHA)  has  not  issued  any  order  for  temporary suspension  of  internet  services  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.

(d) DoT had received a joint representation dated 08.08.2018 from telecom service providers, wherein, it was intimated that frequent suspension of internet services were being  ordered  by  various  State  Governments.  Accordingly,  on  28.09.2018,  all  State Governments have been advised to sensitize the concerned officials/agencies against precipitate  actions  leading  to  shut  down  of  Internet  services,  and  to  ensure  that  the provisions  of    'Temporary  Suspension  of  Telecom  Services  (Public  Emergency  or Public Safety) Rules, 2017' are adhered to.

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