SFLC.in wrote a letter to Haryana Government requesting them to reconsider shutting down the Internet in 5 districts in Haryana.
According to an order released by the Haryana Government, Internet services were to be suspended in 5 districts namely Karnal, Kaithal, Jind, Kurukshetra and Panipat to maintain law and order situation in the State owning to Farmers protests.
Internet services were to be suspended in these districts from 12 Midnight on 07.09.2021 for 24 hours.
Through the Letter, We requested the State authorities to reconsider shutting down the internet. Internet shutdowns have a harrowing impact on citizens and are often disproportionate in nature. Internet shutdowns are bound to cause economic loss, and have an impact on education, healthcare and other welfare schemes. An internet shutdown during a pandemic can be especially grave considering that citizens depend on the internet to get information, work and study.
A Writ Petition was filed in the Punjab and Haryana High Court earlier in the year on 01-02-2021 against the shutdown imposed by the Haryana Government since 27th January 2021. SFLC.in had assisted in this matter.
It had started with the internet being suspended in Jhajjhar, Sonipat and Palwal districts in Haryana on 27th January 2021. The internet was said to be shut till 5PM on 27th January originally but later the order was extended till 5PM on 28th January 2021. This was extended to many other districts, the total number being 17. The shutdown was completely lifted only after a period of more than 10 days on 6th February 2021 from all districts in Haryana.
Aggrieved by this, a petitioner moved to court as he was unable to work without internet or get medical services. The matter was heard on 9-02-2021. The matter was withdrawn as it was the opinion of the bench that it had become infructuous. Lawyers from SFLC.in. Prasanth Sugathan, Radhika Jhalani, and Kushagra Sinha as well as Mishi Choudhary appeared for the petitioner. You can read more about the petition here.
Read the letter below:
Via Electronic Mail Communication
6th September 2021
To,
Shri Manohar Lal Khattar
Chief Minister of Haryana
4th Floor, Haryana Civil Secretariat,
Sector-1, Chandigarh. Pin code: 160001
cmharyana@nic.in
Dear Sir,
Subject – Suspension of Internet services in multiple Districts of Haryana in wake of Kisan Mahapanchayat
This is in reference to the order published by Government of Haryana stating that an Internet Suspension has been ordered by the State in some Districts between 12:30 hours on 6th September to 23:59 Hours on 7th September in wake of Kisan Mahapanchayat. The order stated that the Haryana government will be shutting down internet services in Karnal, Kaithal, Jind, Kurukshetra and Panipat to maintain law and order situation in the state.
The Temporary Suspension Of Telecom Services (Public Emergency Or Public Safety) Rules, 2017 issued under section 7 of the Indian Telegraph Act, 1885 is the special law that provides for suspension of Internet services. Under these Rules, temporary suspension of Telecom services can only be ordered for public safety or in public emergency in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence. The Supreme Court of India further in 2020 in Anuradha Bhasin V. Union of India (Writ Petition (C) No. 1031 OF 2019/1164 Of 2019) held that suspension of the internet has to be necessary, unavoidable and a drastic measure, and has to be ordered following the procedures laid down in Telecom Suspension Rules, 2017. A state should only consider suspending telecom services if necessary and unavoidable.
We would therefore like to request the State authorities to reconsider shutting down the internet. Internet shutdowns have a harrowing impact on citizens and are often disproportionate in nature. Internet shutdowns are bound to cause economic loss, anh have an impact on education, healthcare and other welfare schemes. An internet shutdown during a pandemic can be especially grave considering that citizens depend on the internet to get information, work and study.
SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020 SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression and information.
Sincerely,
Prasanth Sugathan
prasanth@sflc.in
Legal Director
SFLC.in
Copy
1. Shri Vijai Vardhan
cs@hry.nic.in
Chief Secretary
4th Floor,
Haryana Civil Secretariat,
Sector-1, Chandigarh.
2. Dr. Balkar Singh
fcf@hry.nic.in
Home Secretary
Haryana Civil Secretariat, Sector-1,
Chandigarh (160001)
