IMPACT OF INTERNET SHUTDOWNS IN INDIA
AUTHOR – DHANANJAY DHANKARD, STUDENT AT AMITY LAW SCHOOL
BEST CITATION – DHANANJAY DHANKARD, IMPACT OF INTERNET SHUTDOWNS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 418-427, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The proliferation of digital technologies has rendered the Internet a foundational pillar of modern life, underpinning communication, commerce, education, and governance. Yet, India has emerged as the global leader in imposing internet shutdowns, frequently enacted under the pretexts of public safety, national security, and misinformation control. This chapter offers a comprehensive examination of the impacts of these shutdowns, integrating legal, economic, social, and democratic perspectives. It begins by analyzing the statutory framework—Section 144 of the Code of Criminal Procedure and the Temporary Suspension of Telecom Services Rules (2017)—and identifies significant procedural gaps, executive overreach, and lack of transparency[1]. Through detailed case studies, including Anuradha Bhasin v. Union of India (2020) and Foundation for Media Professionals v. Union Territory of Jammu & Kashmir (2020), the chapter evaluates judicial interventions and highlights the inconsistent application of proportionality and necessity tests. Empirical data on economic losses— estimated at over USD 4.7 billion in 2022—and disruptions to financial inclusion, education, and e-governance illustrate the real-world consequences on vulnerable populations. The chapter also explores socio-political ramifications, such as the curtailment of free expression and erosion of public trust in democratic institutions. Drawing on international human rights standards and comparative jurisprudence, it advocates for urgent reforms: codified shutdown guidelines, mandatory real-time judicial review, independent oversight bodies, and compensation mechanisms. By proposing a rights-respecting digital governance framework, the chapter aims to ensure that internet access in India is protected as a fundamental freedom, even during times of crisis.
Keywords: Internet shutdowns, digital rights, proportionality, judicial review, India
[1] Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, G.S.R. 395(E), Ministry of Communications, Government of India.