International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 6 Issue 6 November-December 2024 Submit your research before last 3 days of December to publish your research paper in the issue of November-December.
Submit Research Paper Join as a Reviewer

Plagiarism is checked by the leading plagiarism checker TurnItIn

Call for Paper

Volume 6 Issue 6
November-December 2024

Submit your research paper

Indexing Partners
Academia Advanced Sciences Index Bielefeld Academic Search Engine CiteSeer DRJI Google Scholar Independent Search Engine & Directory Network ISI (International Scientific Indexing) Issuu Mendeley Research Networks
RefSeek ResearcherId - Thomson Reuters ResearchGate Scirus Scribd Semantic Scholar UTeM - Universiti Teknikal Malaysia Melaka Wiki for Call for Papers WorldCat Zenodo

Democracy In The Dark: Internet Shutdowns In India As A Challenge to Freedom of Speech and Expression

Author(s) Th Rubina M Fancon
Country India
Abstract The right to access the internet is intrinsically linked to fundamental rights such as the right to education and the right to privacy under Articles 21A and 21 of the Indian Constitution, respectively. The internet not only enhances the quality of education but also serves as a powerful tool for the free expression of knowledge and ideas. It has been recognized globally as a human right, and adherence to this right is imperative for countries signatory to the Universal Declaration of Human Rights. Freedom of speech and expression, enshrined in Article 19(1)(a) of the Indian Constitution, extends to the internet, with reasonable restrictions outlined in Article 19(2). In recent years, internet shutdowns in India have become increasingly common, particularly during periods of civil unrest and protests. While the government has the authority to impose reasonable restrictions on freedom of speech and expression to maintain public order, the arbitrary use of internet shutdowns has become a concerning trend. This paper explores the reasons behind and the consequences of these shutdowns on the right to freedom of speech and expression. The internet is a crucial medium for citizens to communicate, express dissent, and seek support, especially during times of crisis and unrest. Its importance is evident in regions like Jammu and Kashmir and the North Eastern states of India, where prolonged internet shutdowns have isolated affected communities from the rest of the country. The imposition of internet shutdowns as a means to restore peace raises questions about its reasonableness and adherence to constitutional provisions. The paper cites landmark cases, such as Anuradha Bhasin v. Union of India, where the Supreme Court emphasized the importance of necessity and proportionality in internet shutdown orders. The lack of accountability mechanisms, combined with normalized shutdowns, has allowed the government to stifle dissent without justifiable cause. To protect fundamental rights and uphold the principles of democracy, judicial activism and a critical evaluation of government actions are essential. The paper concludes that internet shutdowns, as a means of suppressing free speech and expression, often fail to meet the criteria of reasonable restrictions and are, therefore, a violation of the fundamental rights guaranteed under the Indian Constitution.
Keywords Internet shutdowns, freedom of speech and expression, reasonable restrictions, Indian Constitution.
Published In Volume 6, Issue 1, January-February 2024
Published On 2024-02-11
Cite This Democracy In The Dark: Internet Shutdowns In India As A Challenge to Freedom of Speech and Expression - Th Rubina M Fancon - IJFMR Volume 6, Issue 1, January-February 2024. DOI 10.36948/ijfmr.2024.v06i01.13241
DOI https://doi.org/10.36948/ijfmr.2024.v06i01.13241
Short DOI https://doi.org/gthqph
View / Download PDF File

Share this



E-ISSN 2582-2160
CrossRef

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads
Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 6 Isu 6Cover Page Vol 6 Isu 5Cover Page Vol 6 Isu 4

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA Open Access

About IJFMR
Fees & Payment
Current Issue
Publication Archive 		Submit Research Paper
Track Submission Status
Publication Guidelines
Publication Ethics
Peer Review & Plagiarism 		Join as a Reviewer
Editors & Reviewers
Reviewer Referral Program
Get Reviewer Membership Certi. 		Website/Journal Policies
Usage Policy
Content Policies
Privacy Policy
Contact Us +91-9898-5948-55 editor@ijfmr.com