JOIN USInternet suspension in Haryana uncalled for
The internet has been suspended in parts of Haryana since January 26, though the number of districts coming under this suspension keeps changing by the day. At one point of time, as many as 17 of the state’s 22 districts were facing suspension of 2G, 3G, 4G, CDMA, GPRS and bulk SMS service.
The suspension of the internet is not a trivial measure and its sudden imposition has serious disruptive effects on the lives of citizens and their livelihood, education, etc., especially in a time of the Covid-19 pandemic. The internet suspension has affected all small and large businesses, the banking system -- as a large section of the population now uses internet banking or makes payments via different apps using mobile phones, as well as the online classes of students. A whole lot of other activities are also affected such as online booking of hotel rooms, rail, air and cinema tickets, online food ordering and delivery services, taxi services, online shopping, exchange of official/personal information and documents through e-mails, WhatsApp messaging and other applications. Many arms of the government and State, including the courts, were working online through video conferencing mode, a necessity imposed by the pandemic. In view of this, the suspension of internet services is draconian, indeed comparable to the impact that the suspension of electricity supply has on our lives.
Internet services have been suspended by the Haryana government in exercise of the power conferred by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. The Supreme Court had the occasion to examine these Rules in Anuradha Bhasin vs Union of India. The top court, while examining the issue in light of Article 19 of the Constitution, recognised the freedom of speech and expression and freedom of trade and commerce through the medium of the internet to be a constitutional right.
In the judgement, the court also examined Section 5(2) of the Indian Telegraph Act, which deals with circumstances under which suspension orders may be passed. The principle which emerges from the Supreme Court judgement is that the first step for the government is to see whether a situation of ‘Public Emergency’ or issue of public safety has arisen and thereafter the government may pass an order of suspension of internet service after recording its satisfaction that it is necessary or expedient to do so in the interest of (i) sovereignty and integrity of India (ii) the security of the State (iii) friendly relations with foreign States (iv) Public Order or (v) to prevent incitement to committing an offence. ‘Public Emergency’ has not been defined in the Act and has to be understood in the context of the above five situations envisaged in Section 5(2) of the Indian Telegraph Act.
Out of these five situations envisaged, the only situation which can be said to be relevant in the context of Haryana is ‘Public Order’ which seems to have prompted the Haryana government to pass the order to suspend internet. It has been held in a number of Supreme Court judgements that ‘Public Order’ is not a mere law and order situation but a far graver issue. For that matter, a lot has happened in Punjab, from rail roko to causing damage to towers of mobile companies but the situation was brought under control and internet services were never suspended.
Due to an unfortunate turn of events, the national capital was the epicentre of disturbance on January 26, but even there, the internet was suspended only for a short period and then the service was restored, except at the sites where the protests are going on. In the aftermath of January 26, the farmers began to mobilise on an even larger scale than before in Western Uttar Pradesh, but even there, internet services were not suspended. By comparison, barring one or two incidents, the situation in Haryana has remained normal.
The action of the Haryana government in imposing the suspension and extending it on day-to-day basis seems to be an attempt to keep a check on the movement of farmers and to stop the exchange of information in order to stifle the farmers’ protest. The sudden unannounced suspension flies directly in the face of Digital India mission. This kind of arbitrary suspension of internet stretching over many days weakens the mission. There is certainly not a situation of threat to ‘Public Order’ in Haryana. The suspension of the internet by Haryana government appears to be an arbitrary exercise of power and seems to have been passed with a view to causing an obstruction in the exercise of the farmers’ democratic right, in the process impinging on the constitutional rights of the larger population also.
(The writer is a practising advocate in the Punjab & Haryana High Court)