Skip to main content

Union home ministry has no papers to justify internet shutdown in Kashmir: RTI reply

By A Representative
The Union Home Ministry has confirmed in a reply under the Right to Information Act (RTI), Act, 2005 that it does not have any papers relating to the restrictions on telecommunications imposed in in Jammu and Kashmir (J&K). It has also claimed innocence of knowledge vis-a-vis the widely reported arrests and detentions of politicians and social activists who are residents of J&K.
The confirmation comes, says senior RTI activist Venkatesh Nayak in an email alert, amidst Union Home Minister Amit Shah reportedly seeking information from ex-civil servants on whether lack of telephone services is a violation of fundamental rights.
According to Nayak, “It appears that the Home Ministry officials slipped up in briefing him about the recent Kerala High Court's finding that access to the Internet, especially through mobile telephone service providers, is a fundamental right deemed to be a part of the right to life under Article 21 and the right to education guaranteed under Article 21-A of the Constitution.”
Calling it “innocence of basic and crucial knowledge of rights”, Nayak comments, “Not only the several fundamental freedoms of Kashmiris, but also the rest of India's right to know have taken a severe beating under the enforced policy of One Nation, One Constitution.”
Nearly three weeks after the Central government taking away the special protection given to J&K under the Constitution of India, on August 30, 2019, Nayak sought the information from the Union Ministry of Home Affairs through an online RTI application seeking a clear photocopy of “any order(s)/direction(s)/instruction(s) issued for suspending Internet and telecom services, in J&K.”
He also sought names of political leaders and members of political parties belonging to J&K currently under detention, or being held in police or judicial custody, along with the exact geographical address of the places of their lodgement, as also under which legal provisions.
Pointing out that Central Public Information Officers (CPIOs) in the MHA “seemed to have played soccer” with the RTI application for a few of weeks, moving it from desk to desk within the J&K Division of the Ministry, Nayak said, but they eventually replied that they did not have any of the information sought in his RTI application.
Kerala High Court has ruled that access to internet is a fundamental right, yet the MHA officials did not updated the Home Minister on this development
The reply comes, asserts Nayak, even as the Home Minister seems to be in doubt as to whether lack of telephone services is a human rights violation. On September 30, at a public event, organised in New Delhi by the Former Civil Servants Forum, he reportedly said that the restrictions were only in "some minds and not in J&K.”
At the meeting, he queried ex-civil servants whether the internet shutdown was violation of fundamental right, says Nayak, noting, “This statement came ten after the Kerala High Court ruled that access to Internet is a fundamental right. It is unfortunate that the MHA officials had not updated him on this development or he could have spared himself the embarrassment of asking such a question.”
On September 19, 2019, the Kerala High Court ruled that right to access Internet, particularly through mobile telephone service providers is deemed to be a part of the rights to life and privacy under Article 21 of the Constitution and the right to education under Article 21A of the Constitution of India.
“Although the judgement has the force of law in Kerala only, it is a beacon of light to shine while testing the validity and constitutionality of excessive curbs imposed on telecom services not only in J&K but also other parts of the country”, says Nayak, wondering if the Apex Court on November 14, 2019 would look into this when the two dozen petitions about J&K's constitutional status and the state of affairs in that region are be taken up again.
Nayak suspects, “In all probability the Central government will justify the curbs on telecom services on grounds of protecting the defence and security interests of the State. How the Apex Court will test the proportionality of these curbs will be watched with great interest in all quarters.”

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi*  This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk  The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

From triple centurion to master coach: Bob Simpson’s enduring legacy

By Harsh Thakor*  Former Australia cricket captain and coach Bob Simpson has died in Sydney aged 89. He leaves behind an indelible legacy, having shaped Australian cricket for more than four decades as a player, captain and coach. Beyond the field, he also served the game as a law-maker, referee and commentator, carving a permanent niche among the all-time greats of Australian cricket.