A trend of long internet shutdowns in India, the Manipur Crisis.

Oct. 16, 2023, 3:47 a.m.

Manipur has been reeling under an internet shutdown. After 142 days, the State Government in Manipur finally lifted a total internet shutdown that had been imposed since May 3rd, 2023. However, this relief lasted for only 3 days, with the State suspending mobile internet services once again for 5 days, eerily reminiscent of the last 3 months. This article will map out what has been one of the longest-ever internet shutdowns ever imposed in India and present an analysis of the recurring extensions to what was meant to be a 5-day-long internet shutdown. First imposed state-wide on 3rd May, the shutdown was finally lifted in totality on 23rd September, before mobile internet was suspended once again on 26th September and has continued to be so till December 3rd, 2023, when the state saw some relief. Here, the timeline of the internet shutdown will be traced, including the extensions, legal challenges raised, partial unblocking, and eventual total lifting of the shutdown orders.

Background

The internet shutdown in Manipur running over 200 days, shows the extent to which the internet has become a part of our life, becoming inextricably linked with the Right to Freedom of Speech and Expression under Article 19, and the Right to Life under Article 21. Our economy, livelihood, education system, and communication are affected by the lack of access to the internet. This lack of access plays out in the inability to pay rent, the inability to access online education resources, the inability to register for exams, and the inability to even conduct one’s job.

Since May 3rd, Manipur has been reeling under an unprecedented internet shutdown which has affected citizens every facet of their lives. The districts of Churachandpur and Pherzawl were shut down even longer, with the first internet shutdown in the current spate of violence being imposed on 28th April 2023. This is the longest shutdown imposed in the Northeast, the longest shutdown in 2023, and the longest shutdown outside of the State of Kashmir in India. The last time an entire State was shutdown in India was earlier in 2023 when the State of Punjab was subjected to a total internet shutdown for 5 days.

A stringent measure adopted by the Government, internet shutdowns have turned into an escape mechanism of sorts, adopted by the government to control situations of public emergency[1]. However, the irony about Internet shutdowns is that public safety and public emergency the grounds on which Internet shutdowns are ordered to justify the suspension of telecom and internet services in an area, are not defined under Section 5(2) of the Indian Telegraph Act[2]. This gives unlimited power to the government to issue orders of blanket bans on Internet services even for routine policing and administrative purposes, thereby causing inconvenience to the public. 

Internet shutdowns were declared a violation of the freedom of expression in Anuradha Basin v. Union of India[3] by the Supreme Court of India. However, we have seen repeated violations of this judgment, with Orders not being published, Review Committees not being set up, and Orders for shutdowns being disproportionate to the situations for which they have been imposed. Courts so far have been silent on the continuous violation of this judgement.

This case study will map out the legal challenges that were raised against the imposition of the internet shutdown, the partial lifting of the curbs by the State, and the interim reliefs provided to the populace.

Manipur High Court- Challenge against the internet shutdown

The fact that an internet shutdown was able to stop even the wheel of justice for two entire months is a point of particular concern in the case of Manipur. After a spate of hearings, the High Court of Manipur[4], in its Order on the 7th of July directed the Government of Manipur to restore the internet in a limited fashion[5]. However, the Home Ministry of Manipur disagreed with the direction of complete restoration of fiber internet and requested time to do pilot tests.

Analysis

At the outset, it is important to note that internet shutdowns disproportionately impact people and are a tool that must be used sparingly. It has been reiterated by SFLC.in and other experts that the suspension of Internet services across States is bound to impact livelihood, education, and health care for lakhs of people, as around 96 percent of the population in India depends on mobile internet services for a variety of uses. Apart from this, businesses rely on broadband services to provide their services, manage logistics, and access their bank accounts.

The expansion of society and its structures into the digital realm has warranted the protection of rights in this new dimension as well. This has been judicially recognized in Faheema Shirin R.K. v. The State of Kerala[6] and Anuradha Bhasin vs Union of India[7], by the Honourable High Court of Kerala, and the Supreme Court of India has recognised that the exercise of certain fundamental rights is contingent on access to the internet. More specifically, in Faheema Shirin, it was held that restricting access to internet violated students’ rights to access information under Article 19(1)(a) of the Constitution, and their rights to education and privacy under Article 19(1)(g). Arbitrary and disproportionate internet shutdowns violate these, and several other rights.

Further, in Anuradha Bhasin, the Court observed that

             “we think it necessary to reiterate that complete broad suspension of telecom services, be it the Internet or otherwise, being a drastic measure, must be considered by the State only if ‘necessary’ and ‘unavoidable’.”

The Manipur internet shutdowns must be analysed in light of the same. It is important to note that to offset the economic losses caused by shutdowns enable a path for communication, and ensure an uninterrupted flow of information and news to the public, internet services have been made available to state and national media houses through SWAN under the Dept. of Information Technology. Network connections were also provided to the Manipur Press Club through the DIT. Further, certain facilitation centres were opened by the Government at different locations to allow candidates of competitive examinations to download their admit cards or print them. Temporary centers were also opened during working hours for use by the public. However, these Centres were present only in certain areas of Imphal, and not the entire State of Manipur. Indeed, as was noted by one Journalist-

               “The primary concern that I faced as a journalist was the inability to do my job at all due to lack of access to the internet. As someone who doesn't have access to Wi-Fi, I lost access to the internet on the 3rd of May. During my job, while we could record videos and contact sources, the only way we could communicate this to our head office was through SMS. Since SMS has a short word limit, I had to sit and type multiple messages to send one single story. It was only once we left the State that we regained access to the internet. While in Manipur, there were certain government offices that still had internet connectivity. However, because multiple people were connected to the same singular network, it took a long time to even download a simple press release. The lack of access to internet has therefore made it very difficult for me to do my job effectively.”

Access to the internet was fettered by geographical as well as technical issues.

There exist some prevalent issues with the shutdown in and of itself. While shutdowns are meant to ostensibly ensure public order and public safety, the Manipur shutdown is a textbook case of how shutdowns only exacerbate harm. Violence and conflict in the State continued repeatedly through the last 140 days, despite the total internet shutdown. This raises a serious question on the efficacy of shutting down the internet, especially when the action in question restricts an entire catena of citizen rights.

When the Manipur HC heard the matter of the internet shutdown, it passed an Order with the following directions-

• Limited Internet Service: All service providers operating in Manipur may be allowed to provide Internet service to a restricted number of specially identified and whitelisted mobile numbers. These numbers will be provided by the Home Department of the Government of Manipur and the internet service will be exclusive to the identified mobile numbers, with no possibility of leakage or unauthorized access.
• Safeguards for Broadband Connections: Internet service through broadband connections, including Internet Lease Line (ILL) and Fibre To The Home (FTTH), can be provided with certain safeguards in place. These safeguards include dedicated lease lines or FTTH lines with static IP, banning of Wi-Fi/hotspots, MAC binding at the system level or router, blocking of social media websites and VPNs, removal of existing VPN software, and prohibiting installation of new software without authorization. Physical monitoring by the concerned authorities is also enforced.
• In respect of whitelisting mobile phone numbers, the State Government was directed to carry out a physical trial to find out the feasibility of providing internet service to the whitelisted mobile phones without jeopardizing the security of the State and the life and property of citizens, and after such verification, a detailed report was asked to be submitted before the Court on the next date of hearing.

This Order, while welcome, raised a new host of questions to be answered. For limited internet services to be provided, the Court asked for a whitelist of numbers to be created. There is no direction on how these numbers will be identified, what the metrics for whitelisting are, and whether there is a process to apply for whitelisting in case one’s mobile number is not added to the initial whitelist. Further, there has been no intelligible differentia provided in the selection process, which could be a violation of Article 14.

Secondly, while internet services through broadband connections are allowed with safeguards, the Court fails to make the distinction that only around 4% of the population has access to broadband services. A whopping 96% of Indians are served only through mobile internet, and the whitelisting approach for the same therefore impacts a far larger chunk of the population. It is only businesses and the rich who can afford a broadband connection in the first place. Further, the safeguards that have been imposed are problematic too. These include banning Wi-Fi/hotspots, MAC binding at the system level or router, blocking of social media websites and VPNs, removal of existing VPN software, and prohibiting installation of new software without authorization. Essentially, these mean that it would be only large businesses that would be utilizing broadband services for their needs, rather than common citizens using it for their daily affairs. Blocking of VPNs and social media is highly problematic as well. The very fact that the Court mentions physical monitoring of these broadband connections highlights the fact that they are numerically small enough to make physical checks possible in the first place.

The issue of access to the internet cannot be taken lightly. There needs to be extensive deliberation before a decision to whitelist a number or block a particular platform is taken. Ringfencing the internet is not the solution to a law-and-order issue and the concerns of the State ring hollow when situations of violence occur even in the presence of an internet shutdown.

Partial Lifting of the Internet Shutdown

In Manipur, both mobile internet, as well as broadband internet services have been cut off for the general population of the State, leading to a position of acute hardship and suffering. After 83 days of incessant internet shutdowns, the Manipur Home Department in an Order finally allowed for some (conditional) relief to the public.

Citing the suffering of common folk, the order lifted the shutdown of broadband services on the fulfillment of certain conditions, while continuing to enforce the mobile internet shutdown. The Order detailed that ‘the internet ban had affected important offices/ institutions, a cohort of people on work from home basis, chartered Accountant firms, Lawyers, Health facilities, refueling centers, recharging of electricity/ mobile, booking for LPG, educational institutions, Taxation related offices, other online based citizen-centric services, etc.’ Apart from this, students, gig workers, and small businesses faced tremendous difficulties.

The measure to provide relief for the citizenry is welcome. However, it must be noted that only around 4% of all internet users access it through broadband internet services. 96% of Indian internet users use mobile internet, for which no relief has been granted yet.

Interestingly, the Order also has no end date, a clear violation of the principle established in Anuradha Bhasin vs Union of India, which stated that an order suspending internet services indefinitely is impermissible under the Suspension Rules. All the orders previously issued in Manipur had a fixed time limit of 5 days or 120 hours.

The conditions listed in the Order briefly state that physical monitoring will take place, TSPS and ISPs will be liable for certain compliances, and subscribers themselves will be punished if the terms are not complied with.

The Conditions are as follows:

1. The connection will be only through static IP and the subscriber concerned shall not accept any other connection other than allowed for the time being [TSP/ISP shall be held responsible for non-compliance with this condition];
2. No Wi-Fi/ Hotspots shall be allowed from any of the routers and systems using the connection at any cost by the subscriber concerned.
3. Media Access Control Address (MAC) binding at the system level or router shall be ensured with the help of the ISP/TSP concerned;
4. Blocking of social media websites and VPNs at the local level will be ensured by the subscriber concerned;
5. Shall have to ensure the removal of any existing VPN software from the system and not install any new software/VPN App by the subscriber concerned;
6. Enforcing Physical Monitoring by the subscriber concerned/the concerned authority/officials of checking violations of the terms and conditions specified;
7. Changing of login ID and Password for respective system on a daily basis; and
8. Will obey all orders/ Regulations regarding any change in the condition under which service is being allowed issued by the State Government from time to time by the subscriber concerned.
9. Further, in the event of any violation, the subscriber concerned will be liable to be punished as per provisions of relevant laws of the land in force, and I also agree to be fixed personally responsible for any leakage/ activities done by any Secondary user of the internet, in case Wi-Fi Hotspot had been activated without the approval of Home Department from my system/router.
10. ISP shall ensure to obtain an undertaking to the extent as explained above before giving any internet connection in the prescribed format without fail.

The fact that Static IPs are the only ones permitted means that very few subscribers will be able to access the internet. Static IP is usually only used by corporates, banks, and their like, rather than individual consumers who rely on dynamic IPs assigned by ISPs. Further, the condition that no Wi-Fi or hotspots will be allowed translated to the fact that only those with laptops or computers in their offices will be able to access the internet. Phones will be unable to access the internet, making it impossible for people to utilize services if they are not in the vicinity of the router.

Second MAC binding at the system level could ensure that only recognized devices would be able to access the internet. The obligation here is placed on TSPs/ISPs to ensure compliance. This would mean that these service providers would have to keep a list of all permissible devices per router.

The order also details that the subscriber should ensure that social media websites are blocked, along with VPNs. Further, subscribers will have to ensure the removal of any existing VPN software from the system and not install any new software/ VPN App. This measure is not only hard to implement but also overly restrictive. It places unreasonable burdens on consumers, especially in the case of people who depend on social media for their livelihood, putting them in a situation where doing their job will land them in trouble. Apart from this, the order also states that users will have to change their login and passwords daily. This is overly prescriptive, and an inconvenience to consumers.

The requirement of physical monitoring by authorities is equally improbable to implement. The presence of a condition like this points to the fact that there are numerically insignificant broadband connections which would fall under the ambit of the order. If not, it would be impossible for physical monitoring to take place.

The order suffers from many shortcomings. It is essentially granting relief to only 4% of the population that can afford to use broadband connections. The multiple conditions mentioned in the order are not easy to understand for the common public. Additionally, they are heavy on the user and telecom service providers. The order provides very minimal relief to a minuscule part of the population. We would like to urge the State Government to revisit the order, lift the shutdown, and ensure that the internet is available to all the citizens of the state fairly and transparently.

The State also partially lifted the mobile internet ban on 1st September, but only for a very small segment of the population. This was limited to only whitelisting certain mobile numbers including only Governmental Officers and Members of Parliament. This is an exceedingly small number, which provides no relief to the general populace that has been suffering since May. The onus is now on the Government to roll out this whitelisting scheme in a broader fashion, to enable access to the internet, and to eventually end the prolonged internet shutdown. This was finally actualized by the State Government on 23rd September, 2023, when the internet shutdown was finally totally lifted in the State.

Reversal of Position

On 26th September 2023, the State reinstated a 5-day mobile internet shutdown up till the 1st of October. Only 3 days of uninterrupted access to the public was provided, before the internet was shut down again.

The latest order

On December 1st, 2023, the Hon’ble High Court of Manipur in the ongoing Public Interest Litigation reiterated that the state can not continue with the blanket mobile internet shutdown, since internet services are a part of the right to free speech, a fundamental right conferred under the Article 21 of the Constitution of India. The court relied on the recent internet shutdown orders and stated that the directions of the court for reinstating internet services are not being followed by the state and urged the state to restore the internet in areas not affected by violence. It stated that:

            “We are permitting you to impose reasonable restrictions in accordance with law but you can’t obliterate the right. Except for a few areas, the State is by and large peaceful. Why should the services not be restored? Why does the State have to say that the situation is not normal? The situation is normal according to the State [in most areas]. So let everybody know that the situation is normal, except in [the affected] areas.”

The bench further observed that while it was cognizant of the national security implications of restoring internet services in affected areas, the rights of those living in other areas of the State would have to be considered as well. It opined that nobody could deny that internet services today are a part of freedom of speech, albeit with reasonable restrictions. The court also emphasized that the internet shutdown has gravely affected a citizen’s right to approach the justice system and such a mechanism cannot be allowed to continue without just cause.

The court has also sought a detailed status report from the State on its orders pertaining to the restoration of internet services in areas of Manipur which were unaffected by violence.

Timeline

April 28, 2023

Section 144 was enforced, coupled with a five-day suspension of internet services in Churachandpur. Demonstrators and security personnel clashed, leading to the use of tear gas shells by the police to scatter the crowd.

May 3, 2023

Thousands rallied for the Tribal Solidarity March against Meiteis' inclusion in the ST category, organized by ATSUM. Over 60,000 attended. Violence erupted in Torbung, Churachandpur. 11 injured, 2 casualties in Saikul, Kangpokpi. Security forces intervened, imposing mobile internet shutdown orders in eight districts.

May 4, 2023

Violence erupts in Imphal. Security forces, including Rapid Action Force, Army, CRPF, Assam Rifles, and state police, were deployed to restore order. Shoot-at-sight orders are issued in extreme cases. Approximately 9,000 people were rescued and sheltered, and more were relocated to safer areas. Broadband internet suspended.

June 20, 2023

Manipur High Court orders limited internet access in state-controlled areas, potentially easing restrictions. The directive, in response to petitions against the ban imposed by CM Biren Singh, addresses public needs, especially in student admissions and essential services.

July 7, 2023

In the case of Aribam Dhananjoy Sharma @ Paojel Chaoba & ors. v. State of Manipur, the Court issued directives to alleviate public hardships resulting from the complete internet ban in the State. The order also aimed to uphold State security and safeguard the lives and properties of citizens.

July 17, 2023

Manipur Govt. seeks Supreme Court intervention in the Aribam Dhananjoy Sharma case. The Supreme Court, on July 17, denies the appeal, and directs Manipur to address the High Court with implementation difficulties regarding the internet order.

July 20, 2023

The Manipur High Court's internet shutdown order was emphasized by the Supreme Court on July 20. It pointed out that the reporting of events has been severely hampered by the shutdown, rendering any meaningful response from other parts of the country impossible.

July 25, 2023

After 83 days of shutdown, the Government reinstated internet leased line and fiber-to-the-home broadband services, in response to the Manipur High Court's order. However, mobile data and VPN services remained suspended, still rendering the situation akin to an internet blackout. With 96% of users relying on mobile data in India, and only 4% having broadband access, the blockade persists for the majority, infringing upon the constitutionally protected rights of residents for over a hundred days.

August 5, 2023

ATSUM (All Tribal Students' Union Manipur) enforced an economic blockade in protest of unannounced amendments instead of a Bill that promised greater autonomy of the hill region, affecting supplies to Imphal valley. Five student leaders were arrested for alleged conspiracy. Mobile internet remains suspended, and prohibitory orders are in place post-protests.

August 9, 2023

Despite the gradual return to normalcy, the State Government's internet shutdown order, initially issued on May 3 and 4, 2023, has been automatically extended around 20 times, this trend continuing till the latest extension order passed on August 9, 2023.

August 12, 2023

The Manipur High Court presided over by Justice Ahanthem Bimol Singh and Justice A Guneshwar Sharma, has directed the state government, led by Biren Singh, to explore options for reinstating mobile internet services for the public.

September 1, 2023

In compliance with the Manipur High Court's directive, the state government has introduced a system for whitelisting mobile numbers to enable internet access. Previously, broadband services had been reinstated. An official order, endorsed by the Governor of Manipur, has authorized the second phase of mobile number whitelisting.

September 23, 2023

The 142-day-long internet shutdown was finally lifted in Manipur. Internet is fully restored in the State.

September 26, 2023

Mobile internet was suspended in Manipur for 5 days once again, until 1st October. News of the deaths of 2 youngsters spurred the latest rounds of violence, resulting in another shutdown.

October 1, 2023

Mobile internet was suspended in Manipur for another 5 days again, until 6th October. The current order was brought under the apprehension that anti-social elements might use social media extensively for the transmission of images, hate speech, and videos to incite violence.

October 6, 2023

Mobile internet was suspended in Manipur for another 5 days again, till 11th October. Like the previous order, the new order was brought under the apprehension that anti-social elements might use social media extensively for transmission of images, hate speech, and videos to incite violence.

October 11, 2023

Mobile internet was suspended in Manipur for another 5 days, till 16th October. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence.

October 16, 2023

Mobile internet was suspended in Manipur for another 5 days again, till 21st October. Like the previous order, the new order was brought under the apprehension that anti-social elements might use social media extensively for transmission of images, hate speech, and videos to incite violence.

October 21, 2023

Mobile internet was suspended in Manipur for another 5 days again, till 26th October. Like the previous order, the new order was brought under the apprehension that anti-social elements might use social media extensively for the transmission of images, hate speech, and videos to incite violence.

October 26, 2023

Mobile internet was suspended in Manipur for another 5 days, till 31st October. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence.

October 31, 2023

Mobile internet was suspended in Manipur for another 5 days, till 5th November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence.

November 5, 2023

Mobile internet was suspended in Manipur for another 3 days, till 8th November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence; and also elements of imminent danger of loss of life and /or damage to public/private property, and widespread disturbances to public tranquillity and communal harmony, as a result of inflammatory material and false rumors, which might be transmitted/circulated to the public through social media/ messaging services on mobile services, SMS services, and dongle services especially in the context of the recent incidents of violence in some parts of the State;

November 8, 2023

Mobile internet was suspended in Manipur for another 5 days, till 13th November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence. The State Government also emphasized that the government has already started easing the restrictions in select areas not affected by the violence.

November 13, 2023

Mobile internet was suspended in Manipur for another 5 days, till 18th November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence. The State Government also emphasized that the government has already started easing the restrictions in select areas not affected by the violence.

November 18, 2023

Mobile internet was suspended in Manipur for another 5 days, till 23rd November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence. The State Government also emphasized that the government has already started easing the restrictions in select areas not affected by the violence.

November 23, 2023

Mobile internet was suspended in Manipur for another 5 days, till 28th November. The shutdown order was a result of the state’s attempt to curb the transmission of images, hate speech, and videos to incite violence. The State Government also emphasized that the government has already started easing the restrictions in select areas not affected by the violence.

November 28, 2023

Mobile internet was suspended in Manipur for another 5 days, till 3rd December. The shutdown order was a result of the state’s attempt to curb transmission of images, hate speech, and videos to incite violence. The State Government also emphasized that the government has already started easing the restrictions in select areas not affected by the violence.

December 3, 2023

Mobile internet was suspended in select areas of Manipur for another 15 days, till 18th December. The government order mentions that the State Government has decided to relax the suspension of internet/mobile data, and MMS services in the State of Manipur except for the areas still facing volatile law and order situations.