We have sent a letter on 7th March 2022 to request the state authorities to reconsider this move and restore Internet access in the state at an urgent basis.
7th March 2022
To,
Ms. Mamta Banerjee
Chief Minister of West Bengal
NABANNA(14thFloor)
325,SaratChatterjeeRoad,
Shibpur, Howrah-711102
Dear Sir,
Subject – Suspension of Internet services in various districts of West Bengal to prevent cheating in Board Exams
Greetings from SFLC.in,
This is in reference to the order dated 03.03.2022 issued by the Additional Chief Secetary, Home and Hills Department suspending mobile internet services in various districts in West Bengal. A copy of the order is attached with this letter.
The above mentioned order states that the West Begal government will suspend internet services various districts Malda, CoochBehar, Darjeeling, Murshidabad, UttarDinapur, Jalpaigudi, Birbhun for 8 days between 7-9 March 11AM-3:15PM, 11-12 March, 14-16March. The order states that this is being done to prevent unlawful activities from occuring.
It is to bring to your notice that, 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 which provides for suspension of Internet services. Under these Rules, an internet suspension can be issued only for public safety or in public emergency in the interests of the sovereignty and integrity of India, he security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence. Prevention in cheating in exams does not satisfy any of these objectives. Neither prevention of spread of fake news and rumours related to leak of paper, in order to maintain law and order situation a valid reason under the said rules. It must be noted a law and order situation is not the same as a public order situation as laid down by the Supreme Court in Ram Manohar Lohia V. State of Bihar (1966 AIR 740).Therefore, suspension of internet services is a violation of the law.
In addition to that, the Supreme Court of India in 2020 in Anuradha Bhasin V. Union of India (Writ Petition (C) No.1031 OF 2019/1164 Of 2019) held that internet suspension cannot be ordered unless it is necessary, unavoidable and a drastic measure. The procedure established under the Telecom Suspension Rules, 2017 shall be followed. 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 to prevent cheating in exams. Also, to restore Internet In the said districts at an urgent basis. Internet Shutdowns have a harrowing impact on citizens and are often disproportionate in nature. Internet shutdowns are bound to cause economic loss, an impact on education, healthcare and other welfare schemes. An internet shutdown during a pandemic can be especially grave considering citizens depend on the internet to get information, work and study. Shutting down the internet to prevent cheating in exams or to maintain law and order will be a violation of the Telecom Suspension Rules as well the decision of the honorable Supreme Court of India in Anuradha Bhasin V. Union of India
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 to-
1. Shri B. P. Gopalika, IAS
Addl. Chief Secretary
Government of West Bengal
