Mock Res

Subject RC GK & CA Legal CR Quant

Topper’s Score 18.75 23.25 21.25 17.5 9

Abstract- Internet shutdowns, while seen as a way to protect public safety and security,
have a big impact on the right to an education, especially when there is political instability
or social disturbance. During times of violence and racial tensions, India has used
temporary internet shutdowns to stop the spread of hate speech and false information.
However, these shutdowns also prevent students from accessing online learning, a vital
component of the contemporary classroom. This article examines the legitimacy of
internet blackouts in India and the constitutional protections for the right to an education
provided by Article 21(A) of the Constitution. It explores the justification for and effects
of internet restrictions on education, emphasising the difficulties experienced by students
and e-learning programmes. The negative consequences on education are illustrated by
case studies from prior instances of internet bans. The article also explores the social and
legal consequences of such prohibitions and suggests some possible countermeasures.
Lastly, this articles also seek to resolve the tensions between internet shutdown and
academic freedom by examining different viewpoints, highlighting the necessity of a well-
balanced strategy to protect both public safety and students' access to education in time
of need.

Introduction- Right to access the internet is an integral part of the freedom of expression
guaranteed under Article 19(1)(a) of the constitution, freedom here is not absolute but
subject to reasonable restrictions for the integrity and security of state. From time to time,
temporary internet shutdowns have been observed in India, the main concern behind this
blackout is public safety. In the situations of violence and communal tensions internet
shutdown is the most effective method to curb the spread of hate speech, fake news, and
messages that incite violence. The shutdown her is effective in securing internal
relationships, but it has resulted in a breach of educational rights under Article 21(A) of
the constitution. After the wave of covid-19 numerous coaching institutes and courses
shifted on virtual mode. Additionally, College students are also engaged in costly online
coaching's for cracking the competitive exams. Now, in this situation when internet gets
down it also prevents the access to online education.

Legality of internet shutdowns in India- The ability of the Magistrates to order the use of
specific properties, such as cell phones, towers, and other equipment, was traditionally
conveyed in the form of an internet shutdown under Section 144 of the CrPC. This
authority has actually been used by magistrates to stop or restrict internet access in
certain locations for predetermined periods of time, typically between 48 and 72 hours. It
shows that shutdown is permitted under law and is legal in India, but it doesn't not mean
it is a perfect remedy under every situation. Government must priorly try to implement
other measures and should impose the shutdown only in extreme situations. Until 2017,
shutdowns were mostly ordered under Section 144 of the Code of Criminal Procedure
(CrPC), however the following laws now also allow for shutdowns:
 Mock Res

Subject RC GK & CA Legal CR Quant

Topper’s Score 18.75 23.25 21.25 17.5 9