Open Access Research Article
DISCONNECTED RIGHTS: INTERNET SHUTDOWNS AND HUMAN RIGHTS IN INDIA AFTER ANURADHA BHASIN
Abstract
Internet shutdowns have become a routine
instrument of public-order management in India, which
has recorded more shutdowns than any other country since
2016. This article
examines whether the Indian legal
framework governing shutdowns
adequately protects human rights. It traces the recognition of the internet
as an enabler of fundamental rights in international and
constitutional law, analyses the statutory regime from the Indian Telegraph Act, 1885 and the Suspension Rules,
2017 to the Telecommunications Act, 2023 and the
Suspension Rules, 2024, and evaluates the judicial response
in Anuradha Bhasin v. Union of India and
later decisions. The article argues that,
although the Supreme Court has subjected shutdowns to the discipline of proportionality, the present framework remains weak in practice because
review is confined to the executive, transparency duties
are inconsistently observed, and persons harmed by unlawful shutdowns have no effective remedy. It
concludes with reform proposals, including independent
oversight, a statutory proportionality test and accountability
mechanisms.
Published Paper
Author Details
Authors: MANIK GOSWAMIRegistration ID: 1013365 | Published Paper ID: IJLRA13365Year: Oct-2026 | Volume: 3 | Issue: 7 Approved ISSN: 2582-6433 | Country: Delhi, India Page No.: 1238- 1250
Article Information
DISCONNECTED RIGHTS: INTERNET SHUTDOWNS AND HUMAN RIGHTS IN INDIA AFTER ANURADHA BHASIN
Authors: MANIK GOSWAMI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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