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Kashmir blackout: India’s supreme court orders Delhi to review internet shutdown India supreme court orders review of Kashmir internet shutdown
(about 3 hours later)
Judges decide shutdown infringes on freedom of speech and expression Judges say blackout infringes on freedom of speech and expression
India’s top court has ordered the government to review all restrictions, including suspension of internet service, in Indian-controlled Kashmir within a week, saying the indefinite suspension of people’s rights had amounted to an abuse of power. India’s supreme court has ordered the government to review all restrictions in Indian-controlled Kashmir within a week, saying the indefinite suspension of people’s rights amounted to an abuse of power.
The supreme court also directed the Indian government to make public all orders imposing a lockdown in Kashmir in August after the constitution’s Article 370 granting Kashmir special status was revoked, said the Vrinda Grover, a human rights lawyer. In a blow to the Hindu nationalist government of the prime minister, Narendra Modi, the country’s highest court said the expression of opposition to state policy could not justify the crackdown.
The court held that the internet shutdown affected press freedom which is part of freedom of speech and expression. Last August, Modi revoked Jammu and Kashmir’s autonomy and split the state into two territories under the direct control of Delhi. The move was followed by a series of draconian measures including curfews, the detention of political leaders and the cutting off of all communications including phones and the internet.
Narendra Modi’s government ended Muslim-majority Kashmir’s semi-autonomous status in August. The prime minister’s move was accompanied by a harsh crackdown, with Delhi sending tens of thousands of additional troops to the already heavily militarised region, imposing a sweeping curfew, arresting thousands and cutting virtually all communications. The government has gradually restored landlines, and SMS services were restored on 31 December, but 7 million Kashmiris still do not have online access in the longest internet shutdown ever imposed in a democracy.
Authorities have since eased several restrictions, lifting roadblocks and restoring landlines and mobile phone services. The internet is yet to be restored in the Kashmir valley. The government has repeatedly justified the continued internet suspension as necessary for preserving human life and preventing terrorism. In its justification, it said no one had died.
They have encouraged students to return to school and businesses to reopen, but top political leaders from the region continue to be under arrest or detention. The court said any suspension of the internet, which it called intrinsic to free speech, must be accompanied by detailed reasons to allow aggrieved persons to challenge it in court.
Ghulam Nabi Azad, an opposition Congress party leader, and Anuradha Bhasin, editor of the Kashmir Times, were the main petitioners in the court case. The ruling came in response to petitions filed by Anuradha Bhasin, the executive editor of the Kashmir Times, the opposition Congress party leader, Ghulam Nabi Azad, and others.
Bhasin said the restrictions had crippled the freedom of the press, essential services and even communications between families, bringing untold misery to people. “The ruling shows that liberty and security have to be balanced. The court has made it clear that it is people’s freedoms that are paramount, not the government’s agenda,” said Sushmita Dev of the Congress party.
Solicitor general Tushar Mehta, who argued the government’s case, said authorities acted – based on evidence from intelligence services and the military – that inflammatory material and speeches, faked stories, photos and videos were spreading on social media. The internet shutdown has devastated the economy and caused job losses. Local businesses ranging from hoteliers unable to get bookings to the handicrafts sector unable to sell the region’s famous shawls have been shattered. Indian mobile operators have also lost revenue.
Mehta had argued in the court that “modern terrorism relies heavily on the internet” and considered social media as its most effective weapon. A report on Thursday by the internet research company Top10VPN said that India lost more than $1.3bn (£1bn) in internet shutdowns last year, not just from Jammu and Kashmir but in other areas.
“We welcome the ruling. It’s a good decision after a long time. The entire industry has suffered and the economy is in a shambles,” said Sheik Ashiq, the president of the Kashmir Chamber of Commerce and Industry.
While the Jammu and Kashmir administration is unlikely to ignore such a significant and emphatic ruling, it’s not known whether it will opt to restore the internet in full or choose a partial and gradual restoration after its review.
“In principle the ruling is good, though it has taken a long time. But in terms of immediate relief, there is none. The court has left it to the administration to decide,” said Bhasin.
On Thursday, the government took 15 ambassadors, including the US’s envoy, to Kashmir to show them the situation on the ground. Critics called it “farcical” and a “guided tour”. EU representatives declined to take part because they wanted access to people and groups of their choosing.
The supreme court also directed the Indian government to make public all orders imposing a lockdown in Kashmir in August after article 370 of the constitution, granting Kashmir special status, was revoked, said Vrinda Grover, a human rights lawyer.