Digital Border Policing: The Legal Vacuum Around India’s Internet Shutdown in Conflict Zones

Internet is necessary for the flow of views and opinions because they are crucial for the functioning of democracy. Democracy flourishes on clarity and transparency which can only be ensured if the information about the country’s state of affairs reaches its citizens. If the means of information are banned or restricted then the flow of information stops and it hinders Right to information which is enshrined under Article 19(1)(a) of the constitution which guarantees Right to free speech and expression. Right to information is also guaranteed by the RTI (Right to Information) Act, 2005. It is the knowledge and the information which enable people to have opinions, and opinions help democracy flourish otherwise the rejection of political plurality & different opinions will lead to transitioning of the state into an authoritarian regime. In a progressive country, people must have access to different opinions and also the ability to express them in a way where it doesn’t go against the law. Article 19(1)(a) which talks about Right to freedom of speech and expression was incorporated by the constituent assembly after many debates and discussions. The constituent assembly members were conscious of the importance of this freedom. Yet unfortunately, this right has been ignored and restricted numerous times under the cloud of internet shutdowns.