States Using Internet Shutdowns to Prevent Exam Cheating Under Scrutiny
Anuradha Bhasin Case Cited as Supreme Court Weighs In
The Indian Supreme Court is examining the legality of states imposing internet shutdowns to prevent cheating during examinations. The issue came to light during a recent hearing where the court was informed that several states had resorted to disrupting internet services to curb alleged malpractice.
The Centre, represented by its counsel, stated that it had issued instructions to all state chief secretaries, reminding them of a landmark ruling in the Anuradha Bhasin case. The court had previously ruled that indefinite internet shutdowns are illegal and any restrictions on internet services must meet the tests of necessity and proportionality.
“We have issued specific letters to chief secretaries that there is a judgment in the Anuradha Bhasin case that lays down the law, please follow that law. Please ensure that it is not used outside the legislative parameters that have been provided,” the Centre’s counsel said.
The Centre confirmed it had filed its counter affidavit in the matter.
Advocate Vrinda Grover, appearing for the petitioner, expressed her concern over the trend of using internet shutdowns to address cheating.
“It is interesting that internet shutdowns are being imposed by different states to prevent cheating. There are multiple other ways in which cheating can be prevented,” she argued. “Such internet shutdowns affect economic activity in digital India.” Grover emphasized that the Anuradha Bhasin judgment clearly stipulated the constitutionally permissible areas where internet shutdowns could be imposed.
Solicitor General Tushar Mehta is set to represent the government in the case. The Supreme Court bench has adjourned the hearing until January 29, allowing all parties to submit additional documents and affidavits in the meantime.
Addressing Accountability and Protocol
The Supreme Court’s interest in this case stems from a petition filed last September. The petition raised concerns about the lack of a standardized protocol for imposing internet shutdowns and urged the court to investigate the matter.
While hearing the plea on September 9, 2022, the apex court issued notice to the Ministry of Communications, requesting an affidavit detailing whether there was any established protocol regarding internet shutdowns. The court specifically sought information on the extent of the protocol and its implementation.
This ongoing legal battle highlights the ongoing debate in India surrounding the balancing act between security concerns and the fundamental right to access the internet. As the Supreme Court delves deeper into the issue, its decision could have broader implications for digital rights and internet governance across the country.
