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

Beyond India-China borders: Economic links expand, political gaps persist

By Bhabani Shankar Nayak*  Despite growing trade between India and China, a persistent trust deficit continues to shape their bilateral relationship. Expanding economic engagement has not fully resolved political differences, many of which stem from historical legacies as well as contemporary geopolitical concerns. Border disputes—often traced to colonial-era arrangements—remain a significant obstacle to deeper cooperation, while differing strategic alignments in global affairs add further complexity.

GreenTech Summit claims NCR as key green building hub, without pan-India comparison

By A Representative   The Indian Green Building Council (IGBC), under the Confederation of Indian Industry, held its GreenTech Summit 2026 in New Delhi, where industry representatives, policymakers and sustainability professionals discussed the adoption of climate technologies in India’s built environment.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Gujarat cadre to HDFC: When bureaucratic style hits corporate walls

By Rajiv Shah   I was a little amused by the abrupt March 17, 2026 resignation of Atanu Chakraborty —a Gujarat cadre IAS officer of the 1985 batch who retired from the government in 2020—as chairman of HDFC Bank . Much of what may have led to his decision to quit this ostensibly high post—actually a non-executive, part-time role—is by now well known. I followed most of it online with considerable interest, partly because I had interacted with him umpteen times during my stint as The Times of India correspondent in Gandhinagar from 1997 to 2012.

Operation Epic Fury: Making America great at the world’s expense?

By N.S. Venkataraman*  ​The decades-long enmity between Iran and Israel is well-documented, but historically, their direct confrontations have been brief, constrained by the logistical and economic limitations of sustained warfare. The current conflict in the Middle East, however, marks a radical and dangerous departure from this pattern. 

India has been getting its economic growth wrong for two decades, say top economists

By Jag Jivan*   India's official GDP figures have misrepresented the trajectory of the world's fifth-largest economy for the better part of two decades, according to a major new working paper published by the Peterson Institute for International Economics (PIIE). It finds that India overstated annual growth by up to two percentage points after 2011 — and understated it during the boom years of the 2000s.

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram*  March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

Jerusalem's Al Aqsa mosque under siege: A test of Muslim solidarity and Palestine’s future

By Syed Ali Mujtaba*  In the cacophony of Israel’s and the United States’ attack on Iran, one piece of news has been buried under the debris of war: Israel has closed the Al Aqsa Mosque in Jerusalem to Palestinian worshippers during the holy month of Ramadan. The closure, announced as indefinite, affects the third most revered mosque in the Islamic world.