Manipur Government Ordered to Lift Internet Ban, With Safeguards in Place
The Manipur High Court has directed the state government to lift the ban on internet services with safeguards. The court’s order comes after a petition was filed by a group of lawyers challenging the government’s decision to shut down the internet in the state.
The government imposed the internet shutdown on June 18, 2023, in response to violent protests that broke out in the state. The protests were sparked by the death of a young man in police custody.
The court’s order states that the government can lift the ban on Internet services through Internet Lease Lines (ILLs) throughout the state. However, the government must ensure that all stakeholders have complied with the safeguards put in place by an expert committee appointed by the court.
The safeguards include setting up a dedicated Leased Line or FTH line with static IP. The government must also ensure that the Internet is only used for essential purposes, such as communication, education, and business.
The court has also directed the government to consider Fibre Home (FTTH) connections on a case-by-case basis. In these cases, the government must ensure that all stakeholders have complied with the safeguards and that the Internet is only used for essential purposes.
The court’s order is a welcome relief for the people of Manipur, who have been without internet access for over two weeks. The Internet is essential for communication, education, and business, and its absence has had a significant impact on the lives of people in the state.
A brief background of Internet Shutdowns
Internet shutdowns are a common occurrence in India. In 2022, there were 138 internet shutdowns in India, the most in any country in the world. These shutdowns are often imposed by the government in response to protests or other security concerns.
Internet shutdowns have a number of negative consequences. They can disrupt communication, education, and business. They can also make it difficult for people to access essential information and services. In some cases, internet shutdowns have even led to violence.
Recently, the Kerala High Court in the case of Fahima Shirin vs State of Kerala 2019 held that the “Right to Internet Access is a fundamental right under Right to Privacy and Education under Article 21 Right to Life and Personal Liberty.”
On similar lines, the Hon’ble Supreme Court in the Anuradha Bhasin vs UOI 2022 case said that “undefined restriction of internet services is illegal under Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and orders of the shutdown should satisfy tests of necessity and proportionality.”
The United Nations has condemned internet shutdowns, calling them a “violation of human rights.” The UN has also called on governments to only impose internet shutdowns as a last resort and to ensure that they are proportionate to the threat they are intended to address.
The Manipur High Court’s order is a step in the right direction. It recognizes the importance of internet access and sets safeguards to ensure that the internet is only used for essential purposes.
The order is a reminder that internet shutdowns should only be used as a last resort and that they should be proportionate to the threat they are intended to address.
