Opinion John Brittas on Manipur video: When Internet shutdowns backfire

But the powers of the internet and cameras are so irresistible that our rulers are now forced to condemn the gruesome incident after the horrific video went viral. Even so, the overall response of the government at the Centre is the Twitter equivalent of a #hushup campaign. They are ashamed of their inaction and indifference and want to brush things under the carpet. Notwithstanding the pleas of fact-finding teams that had taken the risk to visit the state, the government was at its phlegmatic best, as though everything was under control. The outrage caused by the video taken 79 days ago ensured that the true picture of what is going on in the state has come to the fore. Although what is out in the public domain so far is only the tip of the iceberg, more people have begun to realise that the internet allows for transparency and therefore accountability. The governments, both at the Centre and the state, assumed an internet shutdown is the antidote to stopping the spread of violence. They have been proved awfully wrong. If this video now getting widely circulated, had surfaced on the day it took place, it may have prompted the government to act swiftly rather than watch and let the wounds fester. Unfortunately, even now, pronouncements from the top echelons of power at the Centre do not suggest an admission of guilt and gross administrative incompetence. They are busy terming it a blot on the nation to sidestep responsibility.

We all know that technology has its limits and dangers, but relying on the futility of the internet shutdown to curb violence exposes the one-dimensional approach of this government, which has been cautioned many times against such an action.

The Parliamentary Standing Committee on Communications and Information Technology, of which this writer is a member, deliberated at length on the issue of frequent internet shutdowns some years ago. On December 1, 2021, the Standing Committee presented to Parliament its Report on “Suspension of Telecom Services/Internet and its Impact” recommending to the Department of Telecommunications and Ministry of Home Affairs a wide range of measures, including regulatory overhaul, oversight mechanisms, transparency and the need for consultation with the stakeholders. But the departments have shown a cavalier attitude toward implementing these recommendations.

The parliamentary standing committee was aghast to discover that none of the ministries have accounts of internet shutdowns in different places across the country. Furthermore, it was discerned that despite having a new Temporary Suspension of Telecom Services (Public Emergency and Public Safety Rules, 2017), shutdowns were also being put into effect under Section 144 CrPC, which require the approval of an officer as low-ranking as a Tahsildar. The Telecom Rules issued in 2017 made no reference to Section 144 of CrPC.

Expressing its displeasure over the negative attitude of the departments in implementing its earlier recommendations, the standing committee on communications tabled its Action Taken Report in Parliament on February 9, 2023. Recommendations included establishing a due process for invoking Internet shutdowns, having a review committee with eminent persons including judges as members, drawing up of a uniform set of standard operating procedures and guidelines, and, most importantly, maintaining a centralised database for such shutdowns. These recommendations stressed making the government and agencies responsible for internet shutdowns.

Apart from the standing committee, the Supreme Court and various high courts, too, have emphasised the importance of the Internet and have issued directives and instructions through a raft of judgments. Landmark judgments, including the notable Supreme Court ruling in the Anuradha Bhasin vs Union of India (2020) case, have profoundly underscored the paramount significance of the internet. In the Anuradha Bhasin judgment, the Supreme Court issued detailed guidelines and categorically proclaimed that the freedom of speech and expression and the freedom to practise any profession or carry on any trade, business or occupation over the medium of the Internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). But every bit of it has been flouted by various governments.

Several people, including this writer, had warned about the impact of the internet shutdown on economies now far more dependent on it for services and business purposes. Such a shutdown’s cost is enormous and a crime against humanity.

Industry sources have made a conservative estimate of a staggering loss to the tune of nearly Rs 40,000 crore in the past three years on account of more than 16,000 hours of internet suspensions across the country. It is equally pertinent to note that the impact extends far beyond the realms of economics and has the potential to affect even mundane activities. The loss on the business front is tangible, but the devastating impact on education, information, health, entertainment, and other facets of life does not find any mention at all in official reports.

In the case of Manipur, even though it is not wise to assume that steady inputs on violence would have put the government in action mode, the internet shutdown is sure to have taken a huge toll on the lives and livelihoods of even those people unaffected by violence. More accountability, especially on the part of rulers who are trigger-happy to impose bans on internet services, is in order. All evidence suggests that such whimsical actions are counter-productive and that there is no substitute for governmental transparency.

The writer is a CPM Rajya Sabha MP. He was recently in Manipur to visit its violence-affected people.