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.

Ahmedabad's Sabarmati riverfront under scrutiny after Subhash Bridge damage

By Rosamma Thomas*  Large cracks have appeared on Subhash Bridge across the Sabarmati in Ahmedabad, close to the Gandhi Ashram . Built in 1973, this bridge, named after Subhash Chandra Bose , connects the eastern and western parts of the city and is located close to major commercial areas. The four-lane bridge has sidewalks for pedestrians, and is vital for access to Ashram Road , Ellis Bridge , Gandhinagar and the Sabarmati Railway Station .

Farewell to Robin Smith, England’s Lionhearted Warrior Against Pace

By Harsh Thakor*  Robin Smith, who has died at the age of 62, was among the most adept and convincing players of fast bowling during an era when English cricket was in decline and pace bowling was at its most lethal. Unwavering against the tormenting West Indies pace attack or the relentless Australians, Smith epitomised courage and stroke-making prowess. His trademark shot, an immensely powerful square cut, made him a scourge of opponents. Wearing a blue England helmet without a visor or grille, he relished pulling, hooking and cutting the quicks. 

No action yet on complaint over assault on lawyer during Tirunelveli public hearing

By A Representative   A day after a detailed complaint was filed seeking disciplinary action against ten lawyers in Tirunelveli for allegedly assaulting human rights lawyer Dr. V. Suresh, no action has yet been taken by the Bar Council of Tamil Nadu and Puducherry, according to the People’s Union for Civil Liberties (PUCL).

Latur’s quiet rebel: Dr Suryanarayan Ransubhe and his war on Manuvad

By Ravi Ranjan*  In an India still fractured by caste, religion, and language, where narrow loyalties repeatedly threaten to tear the nation apart, Rammanohar Lohia once observed that the true leader of the bahujans is one under whose banner even non-bahujans feel proud to march. The remark applies far beyond politics. In the literary-cultural and social spheres as well, only a person armed with unflinching historical consciousness and the moral courage to refuse every form of personality worship—including worship of oneself—can hope to touch the weak pulse of the age and speak its bitter truths without fear or favour. 

Differences in 2002 and 2025 SIR revision procedures spark alarm in Gujarat

By A Representative   Civil rights groups and electoral reform activists have raised serious concerns over the ongoing Special Intensive Revision (SIR) of electoral rolls in Gujarat and 11 other states, alleging that the newly enforced requirements could lead to large-scale deletion of legitimate voters, particularly those unable to furnish documentation linking them to the 2002 electoral list.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

From crime to verdict: The 27-year journey that 'rewarded' the destroyers of Babri Masjid

By Shamsul Islam    Thirty-three years ago, on December 6, 1992, a 16th-century mosque was reduced to rubble by a frenzied mob orchestrated by the Rashtriya Swayamsevak Sangh (RSS) and its political fronts. The demolition was not a spontaneous outburst of Hindu sentiment; it was the meticulously planned culmination of a hate campaign that branded Indian Muslims as “Babur-ki-aulad” and the Babri Masjid as a symbol of historical humiliation. 

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu*  There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...