What are Internet Shutdowns?

Access Now, an international organisation working to end internet shutdowns, defines it as, “intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information”.They are always imposed by the state, however, they can be both National and local level disruptions. The reasons for imposition may range from the prevention of a possible conflict to reduce the intensity of the ongoing conflict. According to the SFLC report, there are three primary legislation’s being used to impose these shutdowns. They include:

• Section 144 of the Criminal Procedure Code, 1973
• Section 5(2) of the Indian Telegraph Act, 1885
• Temporary Suspension of Telecom Services( Public Emergency and Public Safety) Rules, 2017

Why should you care?

The early instances of internet shutdown in the world were witnessed in Egypt in 2011, during the Arab Spring. The autocratic government tried to suppress the voices of the citizens and cripple the anti-government movement by imposing an internet shutdown. Since then, the number of internet shutdowns have risen every year and have spread to several countries, including democracies, around the world. In 2019 alone, India witnessed 106 internet shutdowns, earning it the title of the internet shutdown capital of the world. Included among these was the world’s second-longest shutdown, a 213-day shutdown in Jammu and Kashmir. 

According to the United Nations, despite the justifications provided, disruption of internet services is a violation of Article 19, Paragraph 3, of the International Covenant on Civil and Political Rights. In addition to the question of the legality of the shutdowns, these digital disruptions can be counterproductive to the United Nation’s efforts to use technology to reach the Sustainable Development Goals. At the surface, the shutdowns just appear to impact our leisure activities of using social media, and their curtailment for the maintenance of law and order appears to be justified. However, when analysed deeply, these disruptions have the potential to impact fundamental rights like Freedom of speech and expression, to affect the smooth working of the society and to make citizens vulnerable to human rights exploitation.

Impacts of Internet Shutdown on the Economy

Increasing internet penetration has the potential to boost the economy. According to the World Development Report, the major benefit of the internet for the business community includes increased efficiency at a lowered cost. Lower transaction costs raise the productivity of existing factors of production. It has led to improved supply chain management and resource planning. It has made it easier for businesses to communicate better and more confidently. E-commerce platforms have allowed small businesses access to a wider market and better advertising. It has also benefitted the customers, who can now shop from around the world, thus leading to inclusion. The current health scenario has propelled a shift towards e-commerce instead of the brick and mortar business models. Internet is, thus,  an indispensable tool for a country’s economy during the current times. 

Internet shutdowns put all this at risk. The benefits of the shutdown have not been proved yet, but its crippling effects on the economy have been made visible more than once now. Brookings Institute, in its report, claimed that India suffered a loss of US $968 million in 2016. Adding to this, Indian Council for Research on International Economic Relations, projected a loss of US $3.04 billion during the period of 2012-17. Another report by Deloitte found that a medium-level connectivity country could lose 1% of its daily GDP in case of an internet shutdown. 

With huge investments in digital India and e-payments, the government increased the dependence of the economy on the internet by manifolds. Internet shutdowns, thus, have the potential to harm these businesses and other stakeholders involved. They are unable to manage their supply chains and payments, resulting in chaos. Businesses that run only through their online platforms, suffer huge losses, forcing them to even shut down their enterprises. It can be a big blow to the Make in India initiative, wherein startups are being encouraged. Not all startup enterprises can invest in a physical presence and usually start functioning online. But with regular internet shutdowns, there is a loss of trust in the digital infrastructure of the country and new enterprises feel discouraged. Small E-Commerce businesses and online freelancers then face the maximum damage.

Internet shutdowns also take away the momentum of trading businesses and are a major issue for the stock market. According to The Centre for Internet and Society, the shutdowns break contact with the lifeline of the stock market: stock market information. The price volatility and need for quick reactions make it very difficult for the market to work without an internet connection. It also leads to disputes between traders and brokers about the price of the transaction. In the long term, such volatility can lead to reduced foreign investments as well. Tourism-related businesses also depend on the internet for their survival and these shutdowns can cripple their functioning. People are unable to communicate with the travel agents and book travel tickets/ hotels etc. Thus, the digital disruption imposed to stop the activities of miscreants can end up being a blanket punishment for all citizens.

Impact of Internet Shutdown on Gender

Over the years, patriarchy made sure that women were confined only to the private space- working inside the house, taking care of household chores. Men took complete control over the public space i.e. the political and economic sphere of the society. With domestic power not being related to productive labour (Cornwell and Chou 1986) and no political voice, women faced the issue of reduced self-esteem and self-confidence, giving patriarch a stronghold over them. According to a United Nations report internet, however, has the potential to be a powerful catalyst for political and social empowerment of women. It can increase their access to health, nutrition, education, employment etc. Internet shutdowns, however, may result in decades of effort being lost and women being left increasingly vulnerable. It, therefore, becomes imperative to analyse internet shutdowns through the spectrum of gender.

With the burden of domestic work and child care being shared disproportionately by women, the internet provides them with meaningful ways to access education and employment opportunities from home. Women have been working as home-based freelancers to balance their work and family life. They have access to online courses to improve their employability. Internet shutdowns can result in loss of these opportunities and a return to economic dependence on the male earner of the family. Internet shutdowns can, thus, be a source of gender-based economic disadvantage.

Internet shutdown aims to socially isolate people, as the internet today is an important means of communicating and connecting with each other. According to Access Now, women face restricted socialisation with respect to their participation in public life. Internet, with social media in particular, then becomes their sole means to access the world outside their social boundaries. Internet shutdowns can bring this to a crashing halt, further their isolation and lead to psychological distress. With movements like #MeToo, the internet has also become a platform for raising voice against the atrocities being faced by women.  Past pieces of evidence indicate that women are at their most vulnerable during periods of conflicts and would require internet the maximum at that time.

Women also depend on the Internet to protect their physical safety. In cases of domestic violence, the internet provides them with an alternative platform to reach out to online support services. But, Internet shutdowns, sometimes lasting for 200 days, can cut down the operations of activists and support organisations. Since these shutdowns are mostly imposed during periods of conflict, they are accompanied by restrictions on movements too. Digital disruptions during such times can result in an increase in physical and sexual abuse of women by intimate partners. Now since the networks are jammed, the victims of such crimes cannot even ask for help via call or other digital mediums which makes their situation even more horrifying which might subject them to even more pain and trauma.

Is there an Alternative to Internet Shutdown?

After assessing the socioeconomic disadvantages of internet shutdowns, the next obvious question is, ‘ do the governments have an alternative that is less restrictive but still more beneficial ?’. The answer is yes! Research indicates that the government, in fact, can overtake its opponent in reaping the benefits of the internet in the conflict sphere. There is a need to train the leaders in the usage of the internet and in its favourable application in conflict situations. The French government, for instance, did not take to internet shutdown despite rising terrorist attacks. They instead developed an app with an alert button which allowed people to send alerts to the police. This way they could help people in the fastest way possible. According to Facebook’s Public Policy Manager, the internet was used effectively by the Bangalore police during the Kaveri River water dispute. They used it as a channel to reach out to people, reassure them during times of emergency and ensure law and order. The state can also mainstream cyber threats and make them part of the national security policies. More investment is required to improve the capacity of security officials to investigate and prevent cybercrimes. The state can also make sure that there is a better internet policy brief that states clear consequences for fake news and hate speech. The digital communication giants like Facebook, WhatsApp, or Twitter, need to take responsibility for the content being shared and take proactive actions against rumours and hate speech.

Conclusion

Internet shutdowns have made their entry into the conflict control/prevention toolkits of governments around the world. This reality needs to be viewed in light of the fact that the internet has become indispensable for the functioning of a healthy society. The need for assessment of the impacts of this virtual disruption on the real world has become imperative. There is a need to analyse whether the goals for which the shutdown is imposed are actually met and if better alternatives exist to meet the agendas. A tool meant to control the miscreants should not end up becoming a blanket punishment for all citizens alike.

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Jayaprakash Movement 

As the Gujarat riots resulted in coerced resignation of the Gujarat government; a similar student protest, which came to be known as the JP movement, began in Bihar. The opposition parties gave their full support to the movement and even announced a statewide strike from 1973. As a result of owing to their involvement in the Bihar movement, 8 students were killed in police firing in Bhopal. The government was not able to handle the situation properly and this incident provoked the protestors. On 18 February 1974, students union of Patna University invited student leaders from different states for a meeting.  They came together to form a Bihar Chhatra Sangharsh Samiti (BCSS) to spearhead the agitation. Lalu Prasad Yadav was elected as the president of this committee. Sushil Kumar Modi, Ram Vilas Paswan, Basisth Narayan Singh were among the many contemporary youth leaders who were a part of this. The demands were to improve the education system in India as well as to improve the quality and taste of food in hostels. 

During a budget session on 18 March 1974, the BCSS decided to ‘gherao’ the assembly. They blocked each and every road to the assembly and dented government properties. The chief minister convinced the students that he would look into the matter, but still, the protests and the damaging of government property continued. In order to suppress the protests, the police opened fire. As a result of which, few protestors were killed, thus angering and provoking the students across the whole country. It eventually became a national level movement, people from different states started supporting the cause; it was not only bounded to students now. Jayaprakash Narayan emerged as a very important and powerful leader during this movement. He was earlier a part of national congress but after independence, he left it as he was not in support of the new polices. He decided to lead the movement. He demanded the dissolution of the state assembly and the government resignation due to the prevailing inflation, unemployment, economic crisis in the state at that time.  

In May 1974, the biggest railway strike in the history of India took place. More than 70% of the railway workers participated. It was a fight against the low wages, harsh working conditions and long working hours. The strike was brutally suppressed by the government with thousands being sent to jail and losing their jobs. This led to more aggression amongst the people and more and more people started joining the JP movement.

On 5^th June 1974, Jayaprakash organized a rally at Gandhi Maidan in Patna to achieve total revolution. He expressed his concerns about the lack of freedom of speech and the increasing economic crisis in the country. He wanted a social transformation by the participation of youth in social activities. Students in various colleges boycotted their exams to show support to the movement. The government was trying its best to suppress the movement and even lathi-charged a lot of protestors. In November, Jayaprakash met Indira Gandhi and demanded to remove the Bihar government. Unlike in Gujarat, Indira Gandhi did not cave in and kept Bihar’s chief minister in position. Then the movement took a turn and demanded the resignation of the central government and Prime Minister Indira Gandhi. Soon after this Jayaprakash realized the importance of fighting within the democratic system, and formed a party known as Janta party in coalition with the opposition parties. 

State of Uttar Pradesh VS Raj Narain 

While Indira Gandhi was facing the JP protests, in June 1975 came a verdict on the state VS Raj Narain case in which Indira Gandhi was directly involved. This was related to the petition filled in 1971 by Raj Narain alleging that Gandhi used bribery, government machinery and resources to gain an unfair advantage contesting the election. The court found Indira guilty on charges such as misusing government machinery, availing her of the services of a government officer and use of electricity from the state electricity department. Serious charges such as bribing voters and election malpractices were removed. The court declared her elections null and void, unseated her from her seat in the Lok Sabha and banned her from contesting any election for an additional 6 years. Indira challenged the high court’s decision and went to the Supreme Court. 

On June 24 1975, the Supreme Court upheld the judgment of the high court. It ordered all privileges Gandhi received as a Minister of Parliament to be stopped and that she be debarred from voting. However, she was allowed to continue as the prime minister, pending the complete resolution of her appeal. 

Emergency: The Other Side of the Coin

Indira was not only facing the court pressure but there was a lot of moral pressure too. The JP protest was gaining more and more support and people were forcing Indira to resign.  In July a rally was organized in Delhi to coerce Indira Gandhi to resign. Jayaprakash gave a speech to persuade the police to reject the government’s order based on moral and ethical grounds. He legitimized the actions of the protestors and defended them. This alarmed Indira Gandhi. In the face of massive political opposition, desertion and disorder across the country and party, Gandhi stuck to the advice of a few loyalists and her younger son Sanjay Gandhi, to impose an “internal emergency”. After a quick question regarding the procedural matter, President Fakhruddin Ali Ahmed declared emergency upon the prime minister’s advice on the midnight of June 25, 1975. 

Gandhi asserted that the emergency was proclaimed because there was an internal disturbance in the country which was a threat to the security of India. After the drought, war and oil crisis of 1973, the economy of the country was already in a very bad position. The government claimed that the strikes and protests had paralyzed the government and further destroyed the economy of the country greatly.

 Since the prime minister got the president to issue ‘ordinances’ – a law-making power in times of urgency, invoked sparingly; completely bypassing the parliament, it gave her the power to rule by decree. She now had the right to make her own rules without any approval from parliament. 

Some harsh measures were taken during the emergency. Leaders like Jayaprakash Narayan, Advani, Ashoka, and Vajpayee were arrested and were put behind bars. Anyone who opposed the decisions of the government was jailed. Almost all the leaders of the opposition parties were punished and put in detention. Political detainees were tortured. There was a purge in the country. Not only the political leaders but common people were also a part of this suffering. The fire was opened on slum dwellers in Delhi to suppress a movement which was initiated against the prime minister. Forced sterilization campaigns were introduced.

Press censorship was imposed. A student from Kerala was put behind bars for publishing an article against the government. He was tortured and eventually died in jail. All the fundamental rights, including article 20 and 21 were suspended. Numerous laws and ordinances were rewritten. The judiciary was subverted by the fear of incarceration. There was no freedom of speech and democracy in the country. Indira Gandhi herself claimed in an interview that things went out of control once the emergency was announced.  Due to a lot of international and national pressure, after more than a year, in March 1977, the emergency was finally revoked.  Soon after this, the general elections were held and Congress lost to Janta party, for the very first time in the history of India. 

Despite everything that took place from 1975 to 1977, Janta party was dissolved and Indira Gandhi rose to power yet again in 1980. 

Conclusion 

This whole incident showcases the power that the people hold in a democratic nation, where their movements and protests alone led to the dissolution of the ruling party.            

At the same time this whole incident highlighted the irony of the situation where despite their eventual success, the people had no other option than to re-elect the government they fought against. It may be because of the lack of leadership and the strong political hold that the Congress government had at that point in time. Perhaps it’s time we ponder upon on how these series of events shaped the Indian politics and the constitution as we know it today.

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