INTERNET SHUTDOWNS PLAGUE AND PARALYZE RIGHT OF THE CITIZENS- THE INDIAN SCENARIO

Abstract

There is a lack of clarity on the issue of internet rights in domestic as well as internationallegal systems. The rapid advancement in technology and the pivotal role internet has in today’s world necessitates a conclusive determination to yield a mechanism for regulation,administration, and restriction. Unless defined, Internet continues to be an undefined spacewhere the State enjoys unrestrained freedom to impose restrictions. Indian democracy is the largest democracy of the world and at the same time it has a highly developed IT sector.It isimperative for India to balance the two and instances have been there where judiciarywas posed with such questions. Thus, determination of legal character is important to avoidconfusion and curtailment of what might as well be protected under the constitution. Evenif there’s a protective cover, it’s invisible yet and needs to be exposed. Democratic setup makes a strong case in favor of internet rights and so does the chapter three of the Indian Constitution. It’s however a matter of interpretation, both judicial and legislative intervention whether a separate right might be carved out or the right may wellbe found in the already existing edifice of Indian Constitution. Internet as a medium of communication, expression and as a source of earning livelihood seems to be very well within the fundamental rights but how far can the purport be extended to include it and what might be the conditions of such inclusion is a matter of debate. Validity and invalidityof internet bans is another issue which relies heavily on such determination and which can’t be decided unless the very genesis of Internet Rights is settled in law.