Human rights in the digital age: ai, internet shutdowns, and India's modern Challenge

The Digital Double-Edged Sword: A New Era for Human Rights

Technology, in its essence, is a double-edged sword. It can be a powerful catalyst for empowerment, education, and economic growth, but it can also be wielded as an instrument of control, censorship, and discrimination. In the 21st century, the discourse on human rights is inseparable from the digital realm. Two of the most formidable challenges defining this new frontier are the state-imposed internet shutdown and the rapid, unregulated proliferation of Artificial Intelligence (AI). Both phenomena, while distinct, raise fundamental questions about liberty, privacy, and equality in an increasingly connected world.

The Silent Siege: Internet Shutdowns as a Human Rights Crisis

An internet shutdown is the intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable for a specific population or within a location. While often justified on grounds of national security or public order, these shutdowns impose a silent, sweeping siege on civilian life, crippling economies, stifling dissent, and violating fundamental rights.

For years, India has been a global leader in imposing internet shutdowns. In a significant recent development, reports from early 2025 revealed that India imposed 84 internet shutdowns in 2024, relinquishing its top position globally to Myanmar for the first time since 2018. Despite this drop, India remains the highest among democracies, with the state of Manipur accounting for the most disruptions (21), followed by Haryana and Jammu & Kashmir (12 each). The economic toll is staggering; these disruptions in 2024 cost the Indian economy an estimated $236 to $322 million.

Analogy: An internet shutdown is akin to cutting off a city’s water and electricity supply simultaneously. Commerce halts, emergency services are crippled, education stops, and the free flow of information—the lifeblood of a democracy—dries up.

The Judicial Shield: Anuradha Bhasin v. Union of India (2020)

The most significant check on this executive power came from the Supreme Court in the landmark Anuradha Bhasin v. Union of India (2020) judgment. Hearing a plea against the prolonged shutdown in Jammu & Kashmir, the Court delivered a historic verdict that reshaped the landscape of digital rights in India.

The Court declared that the freedom of speech and expression and the freedom to practice any profession, trade, or business over the internet are constitutionally protected under Article 19(1)(a) and Article 19(1)(g), respectively.

The judgment established critical safeguards against the arbitrary use of shutdown orders:

• Indefinite Shutdowns are Illegal: The Court held that suspending internet services indefinitely is impermissible.
• Necessity and Proportionality: Any restriction must be temporary, lawful, necessary, and proportionate. The state must demonstrate that no less intrusive measures could have achieved the same objective.
• Publication of Orders: All shutdown orders must be made public, enabling affected citizens to challenge them in court.
• Periodic Review: A review committee must assess the legality and necessity of the shutdown every seven days.

Despite this ruling, implementation remains a challenge. A Parliamentary Standing Committee has repeatedly highlighted that the government does not maintain a centralized database of shutdowns and has not conducted studies on their impact.

Mnemonic for Anuradha Bhasin Principles: To remember the key tests for a valid internet shutdown, use the phrase: “Proper Need Testing Periodically”

• Proportionality
• Necessity
• Temporality (not indefinite)
• Publication & Periodic Review

The Algorithmic Panopticon: AI and the Erosion of Rights

While shutdowns represent a brute-force method of control, the rise of Artificial Intelligence presents a more subtle, pervasive threat. As former UN Human Rights chief Michelle Bachelet warned, “AI technologies can have negative, even catastrophic, effects if they are used without sufficient regard to how they affect people’s human rights.”

Fun Fact: AI systems are only as good as the data they are trained on. A ProPublica investigation found that an AI tool used in the U.S. justice system to predict future criminals was biased against African Americans, falsely flagging them as future criminals at almost twice the rate as white defendants.

India’s AI governance is in a nascent stage. The government’s approach balances promoting innovation under the IndiaAI Mission with addressing risks. The proposed Digital India Act (DIA), intended to replace the outdated IT Act of 2000, is expected to introduce a framework for regulating high-risk AI systems, addressing algorithmic accountability, and tackling deepfakes. In July 2023, the Telecom Regulatory Authority of India (TRAI) also recommended establishing an independent statutory body, the ‘Artificial Intelligence and Data Authority of India’ (AIDAI), to oversee AI regulation with a risk-based approach.

Critical Policy Appraisal

Analytical Lens: UPSC Focus (Mains & Prelims)

Conceptual Basis:

• Internet Shutdowns: Article 19(1)(a) (Freedom of Speech and Expression) and Article 19(1)(g) (Freedom of Profession) of the Constitution of India, as interpreted in Anuradha Bhasin v. Union of India (2020). The governing statute is the Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services Rules, 2017.
• Artificial Intelligence: Article 21 (Right to Life and Personal Liberty), which includes the Right to Privacy as affirmed in K.S. Puttaswamy v. Union of India (2017). The regulatory framework is currently under development, with the proposed Digital India Act being the key legislation to watch.

UPSC Integration: Connecting the Dots

• Polity & Governance (GS Paper 2): Directly relates to Fundamental Rights, the role of the judiciary in protecting rights, executive overreach, and the need for robust regulatory institutions.
• Economy (GS Paper 3): The economic impact of internet shutdowns on the digital economy, startups, and investment climate. AI’s role in economic development versus the challenges of job displacement and regulation.
• Science & Technology / Internal Security (GS Paper 3): The dual-use nature of technology. Internet as a tool for mobilization vs. a threat to security. AI’s application in surveillance, cybersecurity, and law enforcement versus the ethical and rights-based concerns.

Future Impact & Policy Relevance: The core tension between national security and individual liberty will intensify as technology becomes more pervasive. The future of governance in India will be defined by its ability to create an agile regulatory environment that fosters innovation while enshrining digital rights. The implementation of the Anuradha Bhasin principles and the final shape of the Digital India Act will be critical determinants of whether India can successfully navigate this digital tightrope, positioning itself as a leader in both technology and democratic values.

UPSC Prelims Practice MCQ:

Which of the following principles were laid down by the Supreme Court of India in the Anuradha Bhasin v. Union of India (2020) case regarding internet shutdowns?

1. Suspension of the internet can be for an indefinite period if national security is at risk.
2. Any order imposing a shutdown must be made public.
3. The test of proportionality is not applicable to matters of public order.
4. The right to access the internet is an absolute fundamental right.

a) 2 only b) 1 and 3 only c) 2 and 4 only d) 1, 2, 3, and 4

Explanation: The correct answer is (a). The Supreme Court explicitly stated that internet suspension cannot be for an indefinite period and must be temporary. It mandated the publication of all restriction orders. It also affirmed that any restriction must pass the test of proportionality. Finally, it held that the right to access the internet is a fundamental right but is not absolute and is subject to reasonable restrictions.

UPSC Mains Sample Question (15 Marks):

“While the Supreme Court’s judgment in Anuradha Bhasin v. Union of India provided a robust framework to protect digital rights, its implementation remains a significant challenge.” Critically analyze this statement in the context of the socio-economic costs of frequent internet shutdowns in India. (250 words)

Mind Map Outline (Revision Structure)

• Human Rights in the Digital Age
  • Introduction: The Double-Edged Sword of Technology
  • Two Core Challenges
    • Internet Shutdowns
    • Artificial Intelligence (AI)
• Internet Shutdowns: The Silent Siege
  • Definition & Justification
  • Recent Indian Context (2024-2025 Data)
    • Statistics: 84 shutdowns in 2024, second globally.
    • Economic Cost: ~$236-322 Million in 2024.
    • Most Affected Regions: Manipur, Haryana, J&K.
  • Judicial Framework: Anuradha Bhasin v. UoI (2020)
    • Legal Basis: Linked to Article 19(1)(a) and 19(1)(g).
    • Key Principles (Mnemonic: PNTP)
      • Proportionality & Necessity
      • Temporality (No indefinite suspension)
      • Publication of orders
      • Periodic Review
• Artificial Intelligence: The Algorithmic Panopticon
  • Nature of Threat
    • Subtle, systemic, and pervasive.
  • Key Human Rights Implications
    • Privacy: Mass data collection and profiling.
    • Equality: Algorithmic bias and discrimination.
    • Expression: Misinformation and deepfakes.
    • Accountability: The “black box” problem.
  • Regulatory Landscape in India
    • Current Status: Nascent and evolving.
    • Key Policies & Bills
      • IndiaAI Mission (Promotional).
      • Proposed Digital India Act (Regulatory).
      • TRAI Recommendations (Suggestive).
      • Digital Personal Data Protection Act (DPDP) and its limitations.
• Comparative Analysis & Policy Critique
  • Table: Shutdowns vs. AI Threats
  • Table: Critical Policy Appraisal
    • Challenges: Arbitrary actions, regulatory gaps.
    • Opportunities: Judicial oversight, proactive policy.
• UPSC Analytical Lens
  • Constitutional & Legal Basis
    • Art. 19, Art. 21, Indian Telegraph Act, IT Act.
  • Inter-Topic Linkages
    • Polity, Economy, S&T, Internal Security.
  • Practice Questions
    • Prelims MCQ (on Anuradha Bhasin case).
    • Mains Question (on implementation challenges).