A newspaper article dated 25.09.2021 published in Times of India titled ‘REET exam: Mobile internet services to remain suspended from 6AM to 6PM in Rajasthan districts today’.
The said article stated that the Rajasthan government has shut down internet services on 26th September 2021 in 5 of its districts to ensure that no cheating takes place during the REET 2021 exams. The districts where Internet services will be suspended are Alwar, Dausa, Jhunjhunu, Jaipur rural districts. The internet services will remain suspended from 6AM to 6PM on 26th September 2021.
SFLC.in sent a representation to the Government of Rajasthan requesting the state government to reconsider shutting down the internet to prevent cheating in exams in future and to restore Internet services in the districts at an urgent basis.
Suspending Internet services to prevent cheating in exams is a grave violation of The Temporary Suspension Of Telecom Services (Public Emergency Or Public Safety) Rules, 2017 as well the decision of the honorable Supreme Court of India in Anuradha Bhasin V. Union of India.
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.
Read the letter below:
Via electronic mail communication
26th September 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 multiple districts of Rajasthan to curb cheating in REET Exams 2021.
Greetings from SFLC.in,
This is in reference to the newspaper article dated 25.09.2021 published in Times of India titled ‘REET exam: Mobile internet services to remain suspended from 6AM to 6PM in Rajasthan districts today’ A copy of the newspaper article is attached with this email.
The said article stated that the Rajasthan government has shut down internet services on 26th September 2021 in 5 of its districts to ensure that no cheating takes place duringthe REET 2021 exams. The districts where Internet services will be suspended are Alwar, Dausa, Jhunjhunu, Jaipur rural districts. The internet services will remain suspended from 6AM to 6PM on 26th September 2021.
The Temporary Suspension Of Telecom Services (Public Emergency Or Public Safety) Rules, 2017issued 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 e 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. Cheating in exams does not fall under any of these categories and switching off the internet to prevent cheating in examinations is a violation of the law.
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 suspension of the internet has to be necessary, unavoidable and a drastic measure, it has to be done 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 to prevent cheating in examinations in future and 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 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 NIRANJAN KUMAR ARYA
Chief Secretary
Government of Rajasthan
csraj@rajasthan.gov.in
