In this digital age, and a proud democratic and digital India, Manipur has been reeling under internet shutdown for more than 165 days. An internet shutdown was imposed in the entire State of Manipur on May 3, 2023. This shutdown was an extension from two districts of Manipur – Churachandpur and Pherzawl, where internet shutdown had already begun on April 28, 2023. The Statewide Internet Shutdown was enforced after violent conflict between Kuki-Zomi militants and Meiteis broke out in the state of Manipur on May 3, 2023.
While India is the second to shutdown internet services in the world next to Iran, the internet shutdown in Manipur is the longest in India’s Northeast region as seen so far and it is also the longest lockdown in the year 2023, making it the longest shutdown outside of the State of Kashmir. There were 552 days of Internet shutdown Kashmir from August 4, 2019 to February 6, 2021.
At present, Manipur has been under internet shutdown for more than 165 days, with the blanket shutdown lifting only for 3 days on September 23, 2023, and for restrictions being placed on mobile internet and communication services again on September 26, 2023 after the students of Manipur agitated over the murder of two innocent students – Linthoingambi and Hemanjt by the Kuki militants.
While the broadband services were allowed, more than 96% of the population did not have access to the Internet as less than 4% of the population in the country has access to broadband services. The government in its attempt to justify mass internet shutdown, expressed that the shutdowns are put in place “to thwart the design and activities of anti-national and anti-social elements and to maintain peace and communal harmony… by stopping the spread of misinformation and false rumours through various social media platforms…”.
In the interest of public good, the Hon’ble High Court of Manipur finally intervened after a spate of hearings, and through its order dated July 7, 2023, directed the Government of Manipur to restore the internet in a limited fashion.
The High Court directed the Government that to reinstate Internet service through broadband connections while keeping certain safeguards in place. The order further directed the State Government to conduct a survey and whitelist select new mobile numbers to restore communication services.
At present, the situation in Manipur seems very grim with only a counted few days of uninterrupted internet services. The people of Manipur are not only facing difficulties in connecting to the rest of the world but are also pushed back half a century on several financial and health concerns in this digital age.
As of October 20, 2023, the Internet in the state of Manipur remains suspended, making it the longest internet shutdown to take place in the year 2023.
After 142 days, the State Government in Manipur finally lifted a total internet shutdown that had been imposed since May 3, 2023. However, this relief lasted for a period of only 3 days, with the State suspending mobile internet services once again for a period of 5 days, eerily reminiscent of the last 3 months.
On September 26, 2023, the State reinstated a 5 day mobile internet shutdown up till October 1. Only 3 days of uninterrupted access to the public was provided, before the internet was shut down again.
In the latest order of the shutdown, the Manipur government has extended the ban on internet services in the violence-hit Northeastern State till October 21. The state government said that the restriction has been extended in a bid to “thwart activities of anti-social elements and to maintain peace and harmony and law and order in Manipur.
In an official notification on October 16, the state government also reasoned that the DGP Manipur Police has expressed concerns in the wake of incidents of violence, including confrontations between public and security forces, mob attempts at elected officials’ residences and civil unrest at police stations.
“There is an imminent danger of loss of life/or damage to public/private property, and widespread disturbances to public tranquillity…as a result of inflammatory material and false rumours, which might be transmitted/ circulated to the public through social media/messaging services on mobile services, SMS services and dongle services,” the government order said.
However, the long internet shutdown in Manipur 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.
The economy, livelihood, education system, and communication are affected by the lack of access to the internet. All the smallscale home based online business has totally been paralysed. 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 ones job.
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. 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. This gives unlimited power to the government to issue orders of blanket bans on the Internet services even for routine policing and administrative purposes, thereby causing inconvenience to the general public.
Internet shutdowns were declared a violation of the freedom of expression in Anuradha Basin vs Union of India by the Supreme Court of India. However, repeated violations of this judgment have been evident.
An analysis of Internet Shutdowns says, 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 (Software Freedom Law Centre, India) 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.
Further, the Software Freedom Law Centre, India in an Internet Shutdown analysis says that the expansion of the society and its structures into the digital realm has warranted a protection of rights in this new dimension as well. This has been judicially recognized in Faheema Shirin R.K. vs The State of Kerala and Anuradha Bhasin vs Union of India, 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 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.
The Manipur internet shutdowns must be analysed in the light of the same, the SFLC.in said.
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 as to how shutdowns only exacerbate harms. Violence and conflict in the State continued repeatedly through the first 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.
While internet services through broadband connections are allowed with safeguards 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 which have been imposed are problematic too, the analysis mentioned.
The analysis stressed that the issue of access to the internet is not one that can 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.
Senior Editor: Imphal Review of Arts and Politics
