Mobile Internet shut around Jantar Mantar, Pg4

Key Highlights:

• The government ordered a temporary mobile internet shutdown in parts of central Delhi, specifically around Jantar Mantar, due to ongoing student protests.
• The Ministry of Home Affairs issued orders suspending mobile internet services within a 1.5-km radius from 8 am to midnight on Thursday.
• The shutdown was justified under Section 20(2)(b) of The Telecommunications Act, 2023, and The Telecommunications (Temporary Suspension of Services) Rules, 2024, citing public safety and averting public emergency.
• The protests at Jantar Mantar are primarily led by students demanding accountability for the 2026 NEET paper leak and CBSE irregularities, and the resignation of Union Education Minister Dharmendra Pradhan.

Detailed Insights:

• The internet suspension impacted a wider area, affecting residents and businesses in central Delhi, disrupting digital payments and communication.
• The Telecommunications Act, 2023, which replaced the Indian Telegraph Act, 1885, governs telecommunication services in India.
• The Telecommunications (Temporary Suspension of Services) Rules, 2024, notified on November 22, 2024, replaced the earlier 2017 rules and provide the procedural framework for such suspensions.
• These rules mandate that suspension orders must specify the geographical region and cannot remain in force for more than 15 days.
• The Supreme Court, in the Anuradha Bhasin v. Union of India (2020) case, ruled that access to the internet is a fundamental right under Articles 19(1)(a) and 19(1)(g) of the Constitution.
• The Court also stipulated that internet shutdowns must be lawful, proportionate, necessary, and the least restrictive measure, with orders being reasoned, published, and limited in scope and duration.
• Legal experts argue that a peaceful protest alone does not constitute a lawful ground for suspending internet services under the current legal framework.

Key Concepts Involved:

• Internet Shutdown: Intentional disruption of internet or electronic communications, rendering them inaccessible or unusable in a specific area.
• Public Emergency: An unforeseen situation posing an immediate threat to public safety or order, justifying extraordinary government measures.
• Public Safety: The well-being and protection of the general public from harm, danger, or threats.
• Proportionality: A legal principle requiring that any restriction on rights must be appropriate and not excessive in relation to the objective pursued.