Supreme Court Requests Response from IT Ministry Regarding Internet Suspension During Exams

• Image Credit: Internet Credit

• Sep 9, 2022 | Sourav Boruah

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. mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">

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. mso-bidi-font-family:Calibri;color:#222222">

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. mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">

"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. color:#222222">

"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. mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">

"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. color:#222222">

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. color:#222222">

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. mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">

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. color:#222222">

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. mso-bidi-font-family:Calibri;color:#222222">

"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. mso-bidi-font-family:Calibri;color:#222222">

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