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acelandscapes-au · 2 months

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Revolution on the Roads: Delhi Farmer Protest Movement

The “Farmer Protest Delhi Farmer Go Delhi” movement marks a watershed moment in the history of agrarian activism in India. Originating in response to contentious agricultural laws passed by the Indian government, this movement has captured global attention with its scale, resilience, and determination. As farmers, predominantly from the states of Punjab, Haryana, and Uttar Pradesh, converged on the borders of the Indian capital, Delhi, they not only demanded the repeal of the new farm laws but also sought to shed light on the systemic challenges plaguing India’s agricultural sector.

At its heart, the farmer protest in Delhi is a manifestation of the deep-rooted grievances of India’s farming community. The three contentious laws, passed in September 2020, aimed to deregulate agricultural markets, allowing farmers to sell their produce directly to private buyers. However, farmers feared that these laws would dismantle the existing system of government-regulated wholesale markets, leaving them vulnerable to exploitation by large corporations. Despite assurances from the government, farmers remained steadfast in their opposition, viewing the laws as a threat to their livelihoods and autonomy.

Since November 2020, the borders of Delhi have transformed into epicenters of resistance, with makeshift camps and tractor-trolleys serving as symbols of protest. The movement has been marked by its peaceful nature, with farmers employing sit-ins, road blockades, and hunger strikes to amplify their demands. Solidarity has poured in from various quarters, including activists, politicians, and celebrities, further galvanizing the movement and drawing attention to the plight of farmers.

The farmer go delhi for protest has not only been about legislative reform but has also underscored broader issues such as agrarian distress, rural poverty, and the widening gap between farmers and policymakers. For decades, Indian farmers have grappled with inadequate support mechanisms, ranging from access to credit and irrigation to fair prices for their produce. The protest has served as a stark reminder of the urgent need for comprehensive agricultural reforms that prioritize the welfare of farmers and ensure a sustainable future for Indian agriculture.

The resilience of the protesting farmers has been put to the test, particularly in the face of adverse weather conditions, logistical challenges, and attempts to discredit their movement. Despite facing numerous obstacles, including internet shutdowns and barricades erected by authorities, the farmers have remained undeterred in their pursuit of justice. Their unwavering resolve and spirit of unity have inspired admiration and solidarity not only within India but also across the globe.

As the farmer protest in Delhi continues to unfold, it has become a defining moment in India’s socio-political landscape, reflecting the power of grassroots mobilization and collective action. Beyond its immediate objectives, the movement has sparked conversations about democracy, social justice, and the role of citizens in shaping policy decisions. Whether it leads to a resolution remains uncertain, but one thing is clear: the voices of India’s farmers can no longer be ignored, and their struggle has become emblematic of a larger quest for a more equitable and inclusive society.

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dbunicorn · 11 months

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I remember when this movie came out. So disgustingly creepy/terrible. It's like being stalked by unstable idiots at airports, schools, restaurants, Canada, Costa Rica, Mexico, New Mexico, Florida, Oregon. God I loathe Oregon, Vietnam and new Zealand. Trump 2020. 🇱🇷 And on your own property.

Oops I said it out loud and typed it. Thank God children are safe in this country with it's Democratic institutions and intense legal framework. I know PM modi is here to celebrate internet shutdowns in the Punjab and the peaceful coexistence of minorities in Kashmir. That global free press thing and first amendment really seems to be working out. The heavy security at the airport at midnight felt really safe, even as a bunch of touts told me how unsafe I was.

Relax, calm down, you're safe, stay, thank you, you're so strong........Americans do lip service perfectly. It's not like you don't know where I live, you don't need the Hubble telescope to find me. I see your car regularly. 💋

11 years ago I wrote my local superintendent about the lawsuit that almost bankrupted the local school district, the raise the teachers wanted, and unfunded liabilities. I was such a Luddite then.....man did I get harassed. Wow things change so much. 🇱🇷🇨🇦

2 countries, 4-6 schools, same BS. Goodness, intellectual rigor and honesty makes me feisty.

Cuz perhaps Saskatchewan is an option...

Tell me a story imbecile.

#woodinville #washington #hypocrisy

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vishaytawde456 · 1 year

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Tracking Twitter Footprints Of Amritpal’s Supporters

Amid the Internet shutdown in Punjab, the OSINT (Open-source Intelligence) team of India Today has uncovered a network of bot-like accounts that were purportedly used to amplify a sham referendum that took place in Brisbane, Australia on March 19th. Several hashtags and videos were also propagated in support of Amritpal Singh by accounts from the U.S. and Canada. A statewide search for Amritpal Singh, who leads the controversial group ‘Waris Punjab De', entered its fourth day.

#india news

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qudachuk · 1 year

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Shutdown imposed as part of search for Amritpal Singh Sandhu, accused of disrupting communal harmonyEconomic life in the north Indian state of Punjab has been paralysed by an internet shutdown, affecting 30 million people, imposed as part of a...

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businesspr · 1 year

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India Blocks Internet in Punjab as Security Forces Pursue Separatist

The rise of Amritpal Singh, a self-styled preacher, has raised fears of violence in Punjab, where thousands died in the 1980s during a Sikh insurgency. source https://www.nytimes.com/2023/03/20/world/asia/india-punjab-internet-shutdown-amritpal-singh.html

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loyallogic · 4 years

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The legality of internet shutdowns in a democracy

This article is written by Nidhi Bajaj from GNDU, Punjab.

Introduction

“A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or tragedy, or perhaps both” – James Madison

The world of today is a world of cyber dependency. From booking tickets and cabs online, finding routes on google maps, video calling our dear ones to express an opinion on twitter, sending and uploading documents everything is dependent on internet access. Yet “internet shutdowns” are resorted to by the governments all over the world in the name of maintaining law and order. What is more dreadful is that the world’s largest democracy is first on the list with approximately 134 instances of internet shutdown in 2018 and 103 such instances in 2019 making India the country to have reported the highest number of internet shutdowns globally.

Internet shutdowns- meaning and instances

Internet shutdown means disruption of access to the internet by imposing of restrictions by government of a country. It is also sometimes referred to as “digital curfew ” or “internet kill switch”.It may be limited to shutting down of internet services on mobile or blocking of SMS service.It may be imposed across the whole nation or a state or restricted to some specific area.

In India, instances of internet shutdown are rampant as it has become the government’s favourite tool to curb any kind of real or a mere apprehended danger. The most recent instance is the internet shutdown imposed in parts of Delhi on December 19, 2019, due to the rise in the number of Anti-CAA protests.

In 2017, internet mainly mobile services were suspended in Punjab And Haryana to prevent the spreading of rumours during the trial of Dera Sacha Sauda chief Gurmeet Ram Rahim Singh.

Recently, the internet was shut down in Kashmir from August 4, 2019, due to apprehensions of the threat to the security of people in the wake of the government’s decision to scrap Article 370 from the Constitution. It is recorded to be the world’s longest internet shutdown in a democracy.

In 2018, internet shutdown was imposed in Rajasthan to restrict cheating in state services examination.

Legislative machinery

Section 144 of the Code of Criminal Procedure,1973: Traditionally, Section 144 of the Criminal Procedure Code has been extensively used by the government to impose internet blackouts in various areas. It gives power to a District Magistrate, Sub-divisional Magistrate or an Executive Magistrate to issue directions to maintain public order in urgent cases of nuisance or apprehended danger.

Section 69A of The Information Technology Act, 2000 : Section 69A of Information Technology (IT) Act confers power on the Central Government or any officer authorised by it to issue directions for blocking of public access of any information through any computer resource in the interest of sovereignty and integrity of India, defence of India, the security of state etc. The Gujarat High Court in the case of Gaurav Sureshbhai Vyas v. the State of Gujarat upheld the competency of government to resort to Section 144 Cr.P.C while rejecting the contention that the government was incompetent to impose internet shutdown under Section 144 because the power to block information on a computer is related to Section 69A of IT Act.

Suspension Rules under Telegraph Act 1885: In 2017, Government promulgated Temporary Suspension of Telecom Services (Public Emergency or Public Safety)Rules under the Indian Telegraph Act, 1885. The rules provide certain safeguards to be adhered to while passing of an order of internet shutdown, some of which are as follows:

Directions to suspend telecom services shall be issued by order of Secretary to Government of India in Home Ministry or by Secretary to State government in charge of Home Department in case of state and, in unavoidable circumstances by an officer who has been duly authorised by Union Home Secretary or State Home Secretary. Such order shall be subject to confirmation from competent authority within 24 hours of its issue and shall cease to exist in case of failure of receipt of confirmation.

Any such order must be a reasoned one and its copy is to be forwarded to Review Committee within one working day which has to meet within 5 days to record its findings as to whether it is in consonance with Section 5(2) of Telegraph Act which provides for “Power of government to take possession of licensed telegraphs and to order interception of messages” on occurrence of any ‘public emergency’ or in the interest of ‘public safety’.In PUCL v. Union of India, Supreme Court of India explained the phrase “public emergency” as prevailing of sudden condition or state of affairs affecting the people at large calling for immediate action while “public safety” means state or condition of freedom from dangers or risk for people at large.

Are Internet shutdowns violation of fundamental rights

Freedom of speech and expression- For the proper functioning of a democracy, it is essential that the people are aware of what the government is doing. Accountability is the very foundation of democracy. The concept of open government is said to be the direct emanation from right to know or right to acquire information and to disseminate it which is implicit in right to free speech and expression.

Article 19 of the Universal Declaration of Human Rights provides for freedom of speech and expression.

Article 19 of the Indian Constitution itself provides for six basic freedoms. The 2016 Resolution of UNHRC (United Nations Human Rights Commission) provided that the same human rights people have offline must be protected online.

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However, it is undisputed that no right is absolute. Reasonable restrictions can be imposed on the exercise of these rights in the interest of the state, security reasons etc.

Article 34 of the Constitution of International Telecommunication Union (ITU) also sanctions stoppage of telecommunication by giving the right to member countries to stop/block/cut-off telecommunication services on certain grounds.

Article 19(2) of Constitution of Indian also provides for the imposition of reasonable restrictions on the grounds including interest of sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order etc.

Freedom of press- Freedom of Press is inherent in Article 19(1)(a) of Constitution.When digital curfews are imposed,it results in a violation of freedom of the press to a substantial extent. The action of government imposing internet shutdown in Kashmir in August 2019 has had a debilitating and crippling effect on reporting, newsgathering, publication, circulation and information dissemination and have also resulted in freezing of web portals and news websites.

Freedom to practise any profession, or to carry on any occupation, trade or business- Arbitrary shutting down of the internet threatens the livelihood of people who are engaged in e-commerce or online delivery services and also causes obstruction in working of e-banking services, hotels etc.

There is no question of whether the government can suspend or censor internet services but to what extent the government can resort to this extraordinary measure so as to maintain the balance between liberty and security.

The state must adhere to the statutory principles, principles of natural justice and the principles evolved by means of judicial interpretation to ensure that orders of internet shutdown are not imposed in a frivolous manner. Order to shut down internet should be fair, reasonable and must stand the proportionality test which can be best explained by Lord Diplock’s saying-‘You must not use a steam-hammer to crack a nut if a nutcracker would do. In Modern Dental College case, the Supreme Court observed that doctrine of proportionality is inherent in our Constitution. In simple words, the proportionality test implies that the restrictions imposed on a right must not be excessive and should have a direct nexus with the object sought to be achieved by the imposition of such restriction.

Status of Right to Access Internet in India

The Internet is a necessary tool for communication.Finland is the first country which declared access to the internet as a legal right. In India, however, the right to access the internet is not a fundamental right yet.

The Kerala High Court in Faheema Shirin.RK v. State of Kerala and Ors. held that the right to access the internet is a part of our fundamental rights which cannot be taken away arbitrarily.

The Supreme Court has also in Shreya Singhal v. Union of India while striking down Section 66A of the Information Technology Act,2000 recognised that citizens have a right to exercise free speech and expression online.

The latest pronouncement on this aspect is Anuradha Bhasin v. Union of India dealing with the internet shut down imposed in Jammu and Kashmir in from August 4, 2019, onwards, wherein the Supreme Court declared that right to exercise freedom of speech and expression and freedom to practice any profession or to carry on any occupation, trade or business over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g) and restrictions on it should be in consonance with Article19(2) and Article19(6) respectively, inclusive of test of proportionality.

Highlights of Anuradha Bhasin’s judgement:

Court stressed on the need to observe certain safeguards while exercising power under Section 144 of CRPC,1973 including prior enquiry before issuing the order, communication of order, duration etc.Section 144 is both remedial and preventive and is exercisable in times of present danger and when there is the apprehension of danger.But repetitive orders under section 144 would be an abuse of power.

Court observed that no law should be passed in a clandestine manner. The state has to publish orders restricting internet access.

Order suspending internet services indefinitely is impermissible.

Order of suspension of the internet is subject to Judicial review. As existing rules under Telegraph act don’t provide for time limitation for periodic review, the Court directed that the review committee has to conduct a periodic review of such suspension order within 7 working days of the previous review.

Thus, the Supreme court by its prominent judgement has endeavoured to fulfil the shortcomings of the procedural mechanism for the suspension of telecommunication services by evolving sufficient safeguards against the secrecy of such orders and has stressed on the need for a sunset clause.

Conclusion

Governments have time and again adopted the harsh tool of internet shutdown to deal with various issues including cross border terrorism, security of state etc. In some cases, the use of such extraordinary measure is justified for instance the internet shutdown in Kashmir in 2016 due to the violent protest after the death of militant Burhan Wani. Yet in other cases like the shutting down of the internet to prevent cheating or for the purpose of introducing new laws is nothing more than an instance of digital authoritarianism. Such arbitrary shutdowns are an antithesis of democracy.

In a democracy every individual has an indisputable right to discuss the everyday events including the burning topics of the day.Passing of a blanket order restricting access of internet services to a free citizen likens him to that of a criminal. Besides, the frequent suspension of internet services in India goes against the Digital India initiative of Prime Minister Narendra Modi. One cannot ignore the fact that internet shutdowns bring huge economic losses with them. A study conducted by ICRIER (Indian Council for Research on International Economic Relations) on shutdowns in India stated that from 2012 to 2017, 16315 shutdown hours cost country’s economy approximately $ 3.04 billions. These internet shutdowns disconnect the area where shut down is imposed from the rest of the world which may stimulate violent uprisings rather than nipping them in the bud.

Law changes with changes in society.Law must develop further with technological developments rather than curbing citizen’s access to technology. Thus, internet shutdowns must be resorted to as the last alternative and that too in a cautious manner considering the need to strike a balance between Security of State and individual on one hand and Liberty and rights of individual on the other.

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bharatmeraki · 4 years

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Lucknow Braces for Christmas Without Internet as Orders Issued for Shutdown, Food Delivery & Cab Services Hit https://ift.tt/375bmtp --- #india #mumbai #indian #delhi #maharashtra #kerala #incredibleindia #rajasthan #pune #chennai #gujarat #jaipur #cricket #bangalore #hyderabad #kolkata #punjab #dubai #hindu #tamilnadu #bjp #navratri #indianarmy

#India – Meraki – A Digital News Publisher

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8566986335 · 6 years

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https://youtu.be/a6zjo3sLLH0Dalit Groups Call For Punjab Shutdown Tomorrow: Buses, Internet Suspended

Dalit Groups Call For Punjab Shutdown Tomorrow: Buses, Internet Suspended एस सी और एस टी की तरफ से भारत बंद की काल पर फिरोजपुर के डिप्टी कमिश्नर और एस एस पी ने की मीटिंग SCs/STs (Prevention of Atrocities) Act following which the Punjab government has ordered the suspension of bus services and mobile internet services. In view of the strike call on April 2, the Punjab government has decided to suspend the services of public transport across the state tomorrow, an official spokesperson said here. The PRTC, Punjab Roadways and PunBus buses would not ply on roads and the services of these buses would remain suspended tomorrow, he said. The state government also ordered suspension of services on mobile internet (2G/3G,4G/DCMA), besides all SMS services and dongle services provided on mobile networks except voice calls from 5 pm today until 11 pm tomorrow, the official said. The order to suspend mobile internet services has been taken to prevent spread of misinformation, rumours, through social media platforms and to prevent any disturbance of peace and public order in Punjab, Secretary (Home) Rahul Tiwari said. Chief Minister Amarinder Singh appealed to the people of the state, especially the members of the scheduled castes community, to maintain restraint and maintain law and order in the larger public interest. "The government respects the sentiments of all people and their rights to express their views in a legitimate and peaceful manner, nothing should be done to endanger the hard earned atmosphere of peace and communal harmony in the state," Singh said in a statement here earlier. The chief minister said the Punjab government was already committed for the welfare of Scheduled Castes, "which was evident from the fact that the Punjab Vidhan Sabha unanimously adopted a resolution to express solidarity with our SC brethren during its recently concluded budget session seeking the NDA Government's intervention to legally pursue the case in which a Supreme Court verdict had diluted provisions of the SC/ST (Prevention of Atrocities) Act". Mr Singh further urged the SC Community and different associations to maintain peace, harmony and amity during the shutdown. The Supreme Court on March 20 diluted the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, in a bid to protect honest public servants discharging bona fide duties from being blackmailed with false cases under the Act. COMMENTSThe apex court said government servants should not be arrested without prior sanction and private citizens too should be arrested only after an inquiry under the law. But Dalit organisations, including the Dalit Shoshan Mukti Manch, and some political parties fear the dilution of the provisions might lead to increase in violence against Dalits

#Dalit Groups Call For Punjab Shutdown Tomorrow: Buses #Internet Suspendedhttps://youtu.be/a6zjo3sLLH

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global-news-station · 4 years

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In occupied Kashmir, the increasing chill after fresh rains and snowfall has added to miseries of people of Kashmir Valley who have been already suffering immensely due to strict military siege since August 5th.

Due to continued lockdown, people could not stock essential commodities for harsh winter as Srinagar-Jammu Highway, the only surface link of the territory remains closed for most of the season.

The situation in the Kashmir Valley of Jammu and Ladakh regions continues to remain grim on 132nd consecutive day, Saturday.

Yesterday, Hurriyat forum led by Mirwaiz Umar Farooq has reiterated to resolve Kashmir dispute in accordance with UN resolutions and aspirations of Kashmiri people.

In a statement in Srinagar, Hurriyat forum on behalf of its Executive Council said that India’s illegal and unilateral actions could not change the disputed status of Jammu and Kashmir.

Read More: Siege curbing religious freedoms in Indian Occupied Kashmir: NYT

It appealed to world community and international human rights organizations to take cognizance of human rights violations being perpetrated by Indian troops in occupied Kashmir.

Meanwhile, residents of Kashmir Valley and Muslim majority areas of Jammu continued to suffer immensely due to continued lockdown on 131st consecutive day, on Friday.

The occupation authorities continue to impose restrictions under Section 144.

Read More: President Arif Alvi discusses Kashmir unrest with French envoy

People, particularly professionals, students, media persons, doctors and traders continue to face severe hardships due to suspension of internet service.

Fresh heavy snowfall and rains, today, resulted in the closure of Srinagar-Jammu highway and suspension of air traffic on Srinagar airport.

The doctors treating cardiac sufferers in distant villages of the territory say that internet shutdown in occupied Kashmir could have led to the loss of a number of lives.

Read More: Punjab governor says raises voice on Kashmir issue during Europe visit

The Save Heart initiative, a WhatsApp group that was utilized by 1,200 doctors, has been defunct since 5th August.

In a statement in Srinagar, APHC leader and Chairman Jammu and Kashmir Employees Movement, Mohammad Shafi Lone condemned the continued lockdown and suspension of internet and other means of communications imposed by India in the territory.

In Washington, a US Congressman, Steve Watkins, in his remarks on the floor of House of Representatives, expressed concern over prevailing situation in occupied Kashmir in the aftermath of abrogation of Article 370 by Indian government.

Read More: 25 NGOs, Indian Communist Party protest Occupied Kashmir HR situation

Steve Watkins’ remarks came days after Indian-American Congresswoman Pramila Jayapal introduced a resolution on Kashmir in US House of Representatives.

Steve Watkins last week joined Jayapal in introducing the resolution, condemning India’s decision on Kashmir.

The post Indian forces’ military lockdown enters 132nd day in Occupied Kashmir appeared first on ARY NEWS.

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#World News

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whittlebaggett8 · 5 years

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Balochistan’s Great Internet Shutdown | The Diplomat

TURBAT, PAKISTAN — Holding his information and report, the journalist enters and leaves place of work soon after workplace with disappointment, locating no world-wide-web in that constructing possibly. He has by now traveled some 50 kilometers from his residence to Turbat city just to send an e-mail. He wishes to mail news about the recent flood to journalists from other provinces of Pakistan, who have asked him for experiences, shots, and information about the harm the flood experienced brought about in Kech district of Balochistan province. But he has no entry to online even in the district headquarters, Turbat, as the latest flood has impacted fiber optics and conversation lines.

“No internet suggests no e-mail and no accessibility to information and facts,” the reporter claims. “I could have despatched this email if 3G/4G companies were not shut down. But, alas, as regular no just one is aware what is happening in Kech and Balochistan.”

Hundreds and thousands of men and women were afflicted by the flood, specifically in Kech district and commonly Balochistan province of Pakistan in late February. Rain begun in mid-February and did not cease until finally the conclusion of the thirty day period. Significant and nonstop rain brought on the two most important rivers, the Nihing and Kech, to swell and overrun their banking institutions. The resulting flood left numerous people today homeless in some districts, a state of emergency was declared. Close to 10 people today dropped their lives.

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The journalist tries all over again to deliver a concept – this time a picture of homeless people — to media outlets but he fails once more. There is nonetheless no world-wide-web connection.

“I assume we will have to advise journalists and countrywide media what is happening in this article so information spreads across the country and the anxious authorities assistance our stranded folks,” he says. “But I cannot do that simply because of the absent world wide web link.

“If the stability forces had not shut down cellular world wide web services, I could have knowledgeable much more persons about the plight of our individuals.”

In late February of 2017, before starting to accumulate population census details, 3G/4G cell net solutions were being suspended in Kech district. The sole motive given was “security motives.” About two several years afterwards, 3G/4G expert services continue to be suspended, and now the flood had ensured that even wired internet connections are no extended operating.

Kech is the 2nd most populous district of Balochistan with 900,000 people today. Some say it is the mental hub of Balochistan. The insurgency-driven district has made politicians, academicians, bureaucrats, poets, and writers. Caught between the safety forces and insurgents, people today wrestle for a better and tranquil lifestyle.

The Nationwide Security Scenario

For the duration of summer time holiday in 2018, a huge team of college students and a handful of lecturers from Balochistan took a vacation to Punjab province and Islamabad, wherever they obtained the prospect to satisfy the director basic (DG) of the Inter-Companies General public Relations (ISPR), the media wing of the Pakistani armed forces. A curious scholar from Kech posed a query about the suspension of cell internet expert services and instructed the DG that it was influencing their experiments.

The DG replied that anti-state components use these services and disturb regulation and get in the area.

It is a common concern and lament in the district: how could mobile online products and services be influencing the peace when every single few kilometers there is a nicely-guarded safety checkpoint where by the troopers stand warn? This can be witnessed throughout Balochistan.

A community took the direct and challenged the shutdown of 3G/4G expert services in Turbat High Court. In his constitutional petition, he nominated the Balochistan govt, Ministry of the Interior, and other anxious ministries. With the circumstance set for its first listening to, attorney Shakeel Zamurani presented himself on behalf of the plaintiff.

“I just argued that the shutdown of these services was affecting the masses and establishments economically, educationally, emotionally, and so on.,” Zamurani tells The Diplomat. “These expert services are not just wishes but have turn into a need for the general public.”

But Zamurani could not see the case to its conclude. He experienced to withdraw the circumstance from courtroom right after some people today in plain apparel visited him in his chamber and told him he was complicated countrywide security by questioning the mobile internet shutdown.

“They — men and women from safety agencies — explained to me that they have restored peace in some villages of Kech by closing these providers,” Zamurani clarifies. “Challenging this was like I was questioning the countrywide safety. So, I had to withdraw the circumstance without any thoughts.”

Men and women from a variety of paths of existence, such as journalists, legal professionals, businessmen, lecturers, and bureaucrats, are unwilling to remark on this pressing problem utilizing their names as this subject comes less than the delicate subject of nationwide security.

“Activists even can not protest from this problem,” a regional activist states. “Even if we do the nearby newspapers will not publish any reviews on this issue due to the fact they really don’t like it to be highlighted.”

Cell Internet, Politics, and Insurgency

In the upper household of Pakistan’s legislature, Akram Dashti, a senator from Kech district, stands tall and asks: “Are we, referring to the persons of Balochistan, not equivalent citizens of this region? If we are equal citizens, then we should be taken care of equally and get [the same] opportunities and products and services as folks from other province are acquiring.”

He additional that he experienced previously the moment talked over the difficulty of the suspension of mobile world wide web products and services in his district. But he prepared to query this shutdown all over again.

“If we talk about a ‘global village,’ then we must have the right to get related with the entire world and know what’s going on everywhere you go. And there is organization and instruction, anything is linked in this present day environment,” Dashti mentioned in a speech replying to the chairman senate of Pakistan. The senate, he argued, “should spend notice to our grievances and take care of them. These discussions need to be read and dealt with.”

Balochistan has been crippled with an insurgent movement given that 2003, the fifth spherical of insurgency in the heritage of the province. The motion has permeated throughout the province. There have been highs and lows in the depth, but the violence has always been there. The Baloch insurgents have qualified safety and paramilitary forces.

Insurgents and terrorists “use frequent apps to evade security forces and coordinate their terrorist functions,” a superior stability official from Balochitan instructed The Diplomat. “I have witnessed it individually. The Baloch Liberation Entrance, an insurgent group, use these services. Our major precedence is the stability of Balochistan. And there will be no compromise above peace and prosperity of Balochistan.”

The suspension of mobile net expert services is not limited to Balochistan province. The expert services are also suspended in what was formerly identified as the Federally Administered Tribal Parts or FATA, now part of Khyber Pakhthunkwa (KP) province

In early June 2016, at Torkham, the border forces of Pakistan and Afghanistan clashed in excess of the development of a gate by the Pakistani authorities on the border. This clash led to the suspension of 3G/4G solutions in bordering towns and tribal regions.

“Since then the previous tribal regions have no web products and services,” claims Shahid Kazmi, a nearby from KP province. “The governing administration had announced they would restore it, but they in fact under no circumstances did.”

Pakistan done typical elections in July 2018. Social media is a sturdy device for achieving the public and convincing voters, several candidates from the tribal areas and Balochistan could not attain their voters due to the lack of cell web providers.

“Many men and women and groups use these solutions but they specially do it by means of a Digital Non-public Community (VPN),” says a telecom engineer who asked for anonymity. “They do that to dodge everyone who may possibly check out to trace them. Due to the unavailability of technological assist in Pakistan, as a result, safety organizations just shut down mobile net products and services. Simply because of this, the masses also suffer.”

Accessibility to Info, Information and Options

Ali Jan Buledi, a scholar of law in Islamabad, is aiming to be in the United States by this September to analyze one particular semester there. Buledi has been chosen for a UGRAD scholarship. But he appears hesitant to check out his house in Turbat, Kech.

“It’s not like I do not want to pay a visit to my household prior to leaving for the U.S.,” Buledi tells The Diplomat. “But I am frightened that I might skip an vital email if I stop by house. There is no cell world-wide-web services and PTCL connections are confined to a couple locations.”

One more source of accessing world wide web facility is Pakistan Telecommunication Business Limited (PTCL), but it is limited to extremely couple of areas in the district. Even the bulk of the houses in Turbat town really do not have this support due to the fact it presents confined connections.

“During vacations, I often slash my stop by to dwelling shorter and come back again to Islamabad or go to Karachi,” Buledi chuckles, “because I have to. Being in Kech indicates you are disconnected from the environment and options. I would not have experienced this option if I had not experienced these services.”

Lecturers, pupils, businessmen, and people today from various walks of lifetime all criticize shutdown as effectively as the accountable authorities. Shopkeepers as perfectly as tiny and significant corporations are bearing the brunt of the shutdown. Zong telecommunications is a single of the quite a few companies that is bearing some reduction.

“We get rid of some 7 million rupees [roughly $50,000] in a month simply because our sales have diminished,” states Tariq Ali, the business growth officer for Zong in Kech district. “Now we present lots of products and services only to all those who have PTCL connections and internet facility.”

Zong utilized to have agents throughout the district but now the organization has just a single. They experienced to suspend their Easypaisa cellular banking solutions and other dollars providers to many areas. The enterprise also has misplaced quite a few options in numerous cities of the district for the reason that of getting rid of biometric systems, which had been dependent on cellular world wide web solutions in a lot of cities. Several businesses have the exact same kind of tales as Zong does.

In significantly flung regions of Balochistan, persons study newspapers by means of cell world-wide-web products and services. Dawn newspaper’s physical distribution is suspended in most components of the province and has been considering the fact that Dawn journalist Cyril Almeida interviewed the former prime minister of Pakistan, Nawaz Sharif, in an interview titled, “For Nawaz it’s not more than until it is in excess of.” With no 3G/4G products and services, now the the vast majority of people in Kech just cannot entry Dawn on the web both.

Amid all those people impacted, college students and lecturers could be the most afflicted team of persons. Ironically, there is a freshly established university and professional medical school.

Scholar-cum-writer Munaj Gul is aware of that no matter if producing an assignment or looking into a tale, net link is pretty vital. “Research is pretty crucial for producing an write-up or any story,” say Gul, “but this is out of my strategy as I really don’t have the usually means to obtain facts.”

“Definitely, this is quite annoying as I can not entry to lots of investigate journals, sites, and on the net textbooks for making ready my lectures,” a lecturer at the College of Turbat, tells The Diplomat, requesting anonymity. “For delivering an successful and instructive lecture I want to seek the advice of a variety of sources, which I just can’t [access] appropriate now. And I even have to believe about mobile online providers right before providing any assignment to my college students.”

Fears and disappointment wander hand in hand in Kech. Persons can not press the authorities more than many troubles 1 of them is the shutdown of cellular internet providers.

“I doubt it if the individuals in electric power corridor want us to analyze and attain some thing,” provides the lecturer.

Shah Meer Baloch is a journalist dependent in Pakistan. He has had his operate released in New York Occasions, Deutsche Welle, The Nationwide, The Diplomat, Every day Dawn, Firstpost, Herald journal, and Balochistan Instances.

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loyallogic · 4 years

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J&K and the Restoration of 4G Internet

This article is written by Jisha Garg, a student currently pursuing B.A.LLB (Hons.) from Rajiv Gandhi National University of Law, Punjab. This is an exhaustive article dealing with the issue of restoring 4G internet services in Jammu and Kashmir which was announced after the abrogation of Article 370 of the Indian Constitution. The article attempts to analyse the effects of such a shutdown amid a pandemic and the Supreme Court’s decision on the subsequent matter.

Introduction

India, the world’s largest democracy, became a global leader in internet shutdowns by shutting down the internet 121 times in 2019 far surpassing many authoritarian countries. According to a report by digital privacy group Top10VPN, there were more internet and social media shutdowns reported in 2019 than in any year prior—an increase of more than 10%. Internet shutdowns have not only had effects on the freedom of speech but have also proven catastrophic for the economy of the country. According to an estimate, Internet shutdowns have cost the economy $1.3 Billion in 2019 alone.

When the internet shutdown was first announced by the Government in Kashmir, it justified it by stating that the move was essential to curb the menace of false information. However, various human rights activists have voiced their concern for using misinformation as an easy scapegoat for announcing internet shutdowns. According to them, shutdowns are used as a weapon by the governments to suppress dissent. Even the internet shutdown announced in 2019 is viewed as a troubling shot across the bow from an increasingly flawed democracy.

Human rights activists have often expressed their distress regarding internet shutdowns being a case of human rights violations. India remains one of the first countries to bring a law for internet shutdown in 2017. According to research conducted, internet shutdowns have failed to achieve their desired objectives. The primary purpose of announcing shutdowns is to pacify protests and avoid the spread of misinformation. However, the study found that the shutdowns were followed by violent protests further exacerbating the situation.

A similar shutdown was announced by the Union Government in August 2019 after abrogating Article 370 of the Indian Constitution. The article attempts to analyze the background of the internet shutdown. It further specifies the effects of such a shutdown amid a pandemic. The article also deals with the Supreme Court’s decision on the aforementioned case.

History

The history of the conflict in Jammu and Kashmir can be traced back to colonial times when India got independence in 1947. After independence, the princely states were given three choices- stay independent or join either India or Pakistan. Jammu and Kashmir were one of the princely states whose status was undecided. The then ruler of Jammu and Kashmir, Maharaja Hari Singh, signed an agreement with Pakistan, effectively opting for the status quo. After some time, Pakistani troops started infiltrating Jammu and Kashmir. It was at this time when Maharaja Hari Singh sought India’s help. He reached out to PM Jawaharlal Nehru and Patel who agreed to send troops on the condition that the Maharaja sign an instrument of accession in favour of India handing over the control of foreign affairs, defence and communications. The Indian troops were sent to Jammu and Kashmir and the conflict continued.

In 1948, Hari Singh appointed an interim government with Sheikh Abdullah as the Prime Minister. Sheikh Abdulla and his three colleagues were appointed as members of the Constituent Assembly in order to discuss the provisions of Article 370 which would provide special autonomy to the region. When the Indian Constitution came into existence in 1950, Jammu and Kashmir were defined as a state of India and it was provided special status under Article 370. Later, the Constituent Assembly of Jammu and Kashmir was formed in order to frame their Constitution. In 1956, Jammu and Kashmir adopted its Constitution and defined itself as an integral part of India. Since then, there have been several conflicts with Pakistan and China over the possession of J & K. Military conflicts are common in the region and the region has also seen the infiltration of terrorists over the course of time.

Background

In the summer of August 2019, the Union Government revoked the special status provided to the special administrative region of Jammu & Kashmir under Article 370 of the Indian Constitution. Article 370 of the Indian Constitution gives special autonomy to Jammu Kashmir with the state government having the power to make its own laws without seeking assent from the Union Government. Under Article 370, the laws formulated by the Union government were not applicable to the state without the consent of its legislative assembly. The State government has the power to make laws on varied subjects including citizenship and property rights except for foreign affairs, defence and communications, on which laws are made by the Central government. Jammu & Kashmir also had their own constitution and a separate flag under Article 370.

With this announcement, the Modi government has withdrawn and upended seventy-year-old legislation. The step of scrapping Article 370 was in furtherance of fulfilling one of the electoral promises of the elected government. Not only did the government scrap Article 370 but also transform the state into two Union Territories. One region will combine Hindu-majority Kashmir and Muslim-majority Kashmir and the other will be the Buddhist-majority Ladakh. The division of the state into two UT’s would mean that the state government would no longer have its own Constitution and own laws but the Constitution of India and its laws would be applicable to both the regions.

The scrapping of Article 370 was followed by complete security and communications lockdown in the valley. Thousands of activists including many pro-India leaders were arrested. All the internet and broadband services were suspended. This was done by the government due to national security concerns and to maintain the law and order situation in the valley. However, after a prolonged period of internet suspension, it was called into question by many. This is why various petitioners filed a case in the Supreme Court of India for the restoration of 4G internet services in Jammu & Kashmir.

Contentions put forward by both the sides

The government has justified the imposition of restrictions by emphasising on law and order, preventing the loss of human lives, internal security, geographical proximity with Pakistan, circulation of inflammatory material among other things. The petitioners contended that the prolonged internet shutdown and the operation of 2G internet in various regions were infringing the fundamental right to access the internet which is causing a loss to the education and healthcare in Jammu and Kashmir. There were various contentions put forward by both the parties.

Argument of Terrorism

The government argued that providing high-speed internet would lead to terrorism. The government also claimed that mobile phones with 4G networks may be used by various terrorists for anti-national activities and then thrown away. It was due to these security concerns that it was not restoring 4G internet services in the region, however, the petitioners claimed that most of the acts of terrorism during the ’90s were done when there was no availability of 4G internet services. Also, the government has failed to provide any empirical data on a nexus between the 4G network and terrorism.

The Anuradha Bhasin Case

In the Anuradha Bhasin v. Union of India case, the Supreme Court ruled that an indefinite suspension of internet services would be illegal under Indian law and that orders for internet shutdown must satisfy the tests of necessity and proportionality. The petitioners argued that the speed restrictions imposed on the internet services in the state violated the principles of reasonableness and proportionality as laid down in the Anuradha Bhasin case. The J & K administration has also failed to carry out “periodic review” of the internet restrictions as provided in the aforementioned case.

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Suggestions given by the Petitioners

Senior advocate Salman Khurshid, representing the petitioners’ side, suggested that a pilot project for easing relaxations on high-speed internet services be initiated. Since the entire Jammu has been peaceful and the majority of Kashmir is also peaceful, it is time that the internet is slowly restored in the non-disputed regions. Countering the government’s argument of security concerns, he suggested that restricting access to certain social media platforms and other problematic sites would be more reasonable rather than suspending the entire fast-track internet services in the region.

The Supreme Court’s Decision

The Supreme Court refused to pronounce any orders on the restoration of the 4G network in response to the various petitions filed. The Supreme Court also held that there was a need to strike a balance between the right to access the internet and security concerns of the state. Although the Supreme Court refused to pronounce positive directions for restoring 4G services in the state, it ordered the formation of a committee for adequate procedural and substantive safeguards to ensure the imposed restrictions are narrowly tailored.

The formation of the committee was as per the directions of the Anuradha Bhasin judgment. However, the Court held that the Anuradha Bhasin judgment provided for a committee in case of state actions. On the contrary, the case in question was related to the actions of the Union government and would affect the entire country. Therefore, the Court altered the composition of the committee. The committee would be headed by the Secretary, Ministry of Home Affairs and the other two members would be The Secretary, Department of Communications, Ministry of Communications, Government of India and The Chief Secretary, Union Territory of Jammu and Kashmir.

The Impact of the Internet Suspension Amid the Pandemic

The Impact on Education

Senior advocate Salman Khurshid, who was representing the petitioners, submitted that the suspension of the 4G internet services was infringing the Right to Education by restricting access to the online classes. He contended that it is not possible to utilize interactive classes by 2G network and it is the sole source of education during the pandemic. He also submitted that the private schools were directed by the government to provide education through video-conferencing and the State was under an obligation to provide education under the Right to Free and Compulsory Education Act, 2009.

The Impact on Health Services

Senior Advocate Huzefa Ahmadi submitted that doctors were finding it difficult to function effectively in the absence of 4G speed amid the outbreak of the pandemic. He highlighted that there are 701 cases of COVID-19 and 8 deaths in the region. When the petition was filed, there were 33 cases and the infections are fast escalating. Doctors need a high-speed net for accessing the latest updates on COVID-19 and for online consultations with the patients. Cases of deaths due Coronavirus went unreported due to lack of 4G internet services. People are finding it difficult to access healthcare services due to the lack of adequate internet services in the Union Territory.

Conclusion

Internet shutdowns have posed a serious threat to democracies across the world. India has been the most dangerous victim of this with the most number of internet shutdowns in 2019. Frequent internet shutdowns are indicative of a threat to Right to Freedom of speech and expression in the country. A similar shutdown was announced in Jammu and Kashmir after the central government revoked Article 370 of the Indian Constitution. The decision to announce a shutdown amid the outbreak of a pandemic adversely impacted the right to access education and healthcare in Jammu and Kashmir. When the matter went to the Supreme Court, it ordered the formation of a committee for reviewing the decision of the government to continue internet shutdown in Jammu and Kashmir.

Critics have pointed out that the Court finally abdicated the judicial task of deciding upon the constitutional validity of the internet suspension to a “special committee”- composed of members of the executive. Therefore, this abdication completely abandons the principle of checks and balances by asking the executive to review its own orders. In my opinion, the court should have been stricter in its approach. It should have remained consistent with the law it laid down in Bhasin and struck down the admittedly unreasoned suspension orders.

Although such an approach would not prevent the passing of such fresh suspension orders, it would certainly compel the government to think more seriously and narrowly tailor its future orders so that they only fit existing security needs and go no further.

References

https://ift.tt/2ZgiZwa

https://ift.tt/2ZY6dkZervices-amid-covid-19-crisis

https://ift.tt/3iMVwul

https://ift.tt/306QEqQ

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