SFLC.in wrote again to the Rajasthan Government to oppose the Internet Shutdown which was imposed to prevent cheating in Examinations.
There was a newspaper article dated 23.10.2021, published by The Times of India titled ‘Patwari Exam: Mobile internet banned in Jaipur, Dausa’ and the order dated 22.10.2021 suspending mobile internet services.
The above mentioned article stated that the Rajasthan government has suspended mobile internet services on 23rd October 2021 in the district of Jaipur and Dausa. The internet services will remain suspended from 6 am to 6 pm.
The said order stated that internet services shall remain suspended on 23rd October and 24th October 2021 in the district of Bikaner, Shri Ganganagar and Hanumangarh. The services will be suspended from 6 am to 6 pm on each day. The reason that has been stated for the same is to prevent spread of fake news and rumors related to leak of question paper which may result in disruption in law and order.
We wrote to the Rajasthan Government requesting the State authorities to not shut down the internet to prevent cheating in exams in future. We also requested them to restore Internet In the said districts on 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 as the decision of the Honorable Supreme Court of India in Anuradha Bhasin V. Union of India
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.
Read the letter below:
23rd October 2021
To,
Shri Ashok Gehlot
Chief Minister of Rajasthan
Secretariat, Jaipur-302005,
Rajasthan, India
cmrajasthan@nic.in
Dear Sir,
Subject – Suspension of Internet services in various districts of Rajasthan to prevent cheating in Patwari Recruitment Exam
Greetings from SFLC.in,
This is in reference to the newspaper article dated 23.10.2021, published by The Times of India titled ‘Patwari Exam: Mobile internet banned in Jaipur, Dausa’ and the order dated 22.10.2021, issued by the Divisional Commissioner of Bikaner suspending mobile internet services. Copies of the article and the order are attached with this letter.
The above mentioned article states that the Rajasthan government has suspended mobile internet services on 23rd October 2021 in the district of Jaipur and Dausa. The internet services will remain suspended from 6 am to 6 pm.
The said order states that internet services shall remain suspended on 23rd October and 24th October 2021 in the district of Bikaner, Shri Ganganagar and Hanumangarh. The services will be suspended from 6 am to 6 pm on each day. The reason that has been stated for the same is to prevent spread of fake news and rumours related to leak of question paper which may result in disruption in law and order.
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 of cheating in exams does not satisfy any of these objectives. Neither is 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 rnot shut down the internet to prevent cheating in exams in future. It is also requested to restore Internet In the said districts on 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 as 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,
Copy to-
1. SHRI NIRANJAN KUMAR ARYA
Chief Secretary
Government of Rajasthan
csraj@rajasthan.gov.in
2. Shri Suresh Chand Gupta
Home Secretary
Government of Rajasthan
sca_ca_co@yahoo.com
