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Digital Desk: On a petition filed by the Software Freedom Law Centre asking for guidance to the states not to suspend internet services on the grounds of preventing cheating in competitive examinations and for other such common administrative reasons, the Supreme Court issued notice to the Ministry of Electronic and Information Technology (MEITY) on Friday.

The MEITY was asked to submit an affidavit stating whether there is a regular procedure with regard to the complaint made by the petitioner in order for the bench presided over by Chief Justice of India UU Lalit to receive a response.

The petitioner, the Software Freedom Law Center, a legal services organisation that aims to advance and defend digital rights and freedoms, was represented by attorney Vrinda Grover.

According to the petition, the parties came before the court to ask that the arbitrary and unfair practise of telecom service shutdowns end since it is against the law and goes against the fundamental principles of the Indian Constitution.

"That, while imposing arbitrary and disproportionate telecom service shutdowns, there is a violation of fundamental rights such as the Right To Equality, Right To Freedom of Speech and Expression, Right To Privacy, Right To Freedom of Trade, Right To Life, Right To Food, Right To Access Legal Remedies, and Right To Education, guaranteed under the Articles 14, 19, and 21 of the Constitution of India.

"That a ban on the internet at this time is not limited to restricting the rights under the aforementioned articles of the constitution but is equivalent to suppressing all legal and constitutional rights because the courts are being accessed through video conference facilities, which can only be facilitated by uninterrupted internet services," the plea said.

"That the Respondent Governments and its Instruments have been imposing internet shutdowns across different districts in India on the pretext of imaginary, fanciful or fictitious law and order problems arising out of the conduct of examinations. The threat perception in all such cases is majorly flawed as district administrations in various states have been suspending internet services for an entire region for administrative reasons such as to prevent cheating.

It continued, "Such administrative measures are plainly arbitrary and utterly disproportionate responses and are illegal under the Constitution. In one instance, internet connections were halted even when high school tests were being held.

The internet has been unavailable for more than 71 hours as a result of 12 shutdowns ordered due to exam-related concerns, the petition claims.

According to the official data, there have been 12 shutdowns totaling more than 71 hours of internet service disruption for a sizable population, presumably to stop exam cheating, which is not based on any legal necessity, according to the petition.

The petition has cited various instances including the one of September 2021, when the entire Rajasthan had to bear the brunt of internet suspension when the Rajasthan Eligibility Examination for Teachers (REET) was being conducted. Similar actions were taken by Gujarat, Arunachal Pradesh, West Bengal, and others, the plea mentioned.

"Suspending internet services for an entire district, or for multiple districts, is a disproportionate action on the part of a state, which has a detrimental impact on economic activities and the livelihood of millions of citizens, and also denies access to the internet which facilitates various other rights including of communication, information, commerce, and expression, and speech," it was further stated.

 

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