Joint Open Letter on Keeping the internet open and secure in the territory of Jammu and Kashmir in India

August 14, 2019

The Indian territory of Jammu and Kashmir has been under complete internet shutdown for the past 11 days, as per reports. India leads in the number of shutdowns across the world — 74 in 2019 to date. The Indian territory of Jammu and Kashmir has been the center of most cases of internet shutdowns in India, contributing 54 of the total number of shutdowns in India in 2019. On behalf of the more than 191 organizations from over 60 countries that make up the #KeepitOn Coalition, we ask the Union Government of India to restore the internet in Jammu and Kashmir and keep it on.

This recent internet shutdown is also accompanied by a complete shutdown of communications, as well as restrictions on the movement of individuals for the past few days. These developments come in the background of political developments regarding the reorganization of the political structure of the region, through legislation by the Parliament of India. For the past few months, the region has been under the administration of the Union Government of India, and the orders for the current shutdowns have also been issued by them. The terms and reasons for the order for shutdowns are unknown. This lack of transparency is concerning and makes the situation worse.

The current stop-gap solution of asking people to navigate through several security checkpoints to reach the place in Srinagar where residents have to queue up to call their near ones is inadequate and another act of humiliation atrocity in addition to the existing communications blackout. Each caller is allowed only two minutes, the number of connections is inadequate compared with the population in Srinagar and the calls are made in the presence of security personnel.

Speaking on the issue, the Office of the High Commissioner for Human Rights (OHCHR) through a spokesperson expressed “deep concern” that the latest restrictions in Kashmir would “exacerbate the human rights situation in the region”. They further added that “the fact that hardly any information at all is currently coming out is of great concern in itself”.

The Prime Minister of India, Mr. Narendra Modi, in a recent address to the citizens of India spoke of the benefits of connectivity and digital communications in India, especially the territory of Jammu and Kashmir. He said that the strengthening of “digital communication” would “enhance opportunities for earning a livelihood, and the life of our brothers and sisters of Jammu and Kashmir will become easier”. However, the recent shutdown actions are taking away the benefits of communication infrastructure and connectivity from the people of Jammu and Kashmir. Such shutdowns, in addition to curtailing fundamental rights, also reduce the confidence of the people in the benefits utility, and the security of the internet, while restricting the freedom of expression of the population.

On August 15, 2019, India will celebrate its 73rd Independence Day. On this day, India would also celebrate its proud traditions of providing people voice, upholding fundamental rights through a strong and comprehensive constitution, which is based on the foundation of international human rights. We hope that in this celebration, India lifts the internet shutdown in Jammu and Kashmir so their people can celebrate their freedom of expression too.

This August also marks the two-year anniversary of the “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017”. These rules provide the legal basis and procedure for imposing internet shutdowns in India. The problem of internet shutdowns is systemic in India, and the past two years under the current rules have only seen an increase in the number of shutdowns in India. Jammu and Kashmir, while most affected by them, is not the only region where internet shutdowns have been imposed. The state of Rajasthan, just south of the National Capital Region of Delhi, is the second most affected state in India. The current rules seem to have only made the problem worse.

Many groups in India – including from civil society and the Editors Guild – have spoken against the recent internet shutdowns in Jammu and Kashmir and have called for restoring the internet in the region. Building on these concerns, the undersigned organizations belonging to the global #KeepItOn Coalition implore the Indian Union Government to:

  • Immediately lift all restrictions on internet access and to restore telecommunication unconditionally to full capacity in the region of Jammu and Kashmir.
  • Refrain from restricting internet access in the future, either in these currently affected areas or elsewhere in India.
  • Publicly declare your commitment to protect the digital rights of all people in India.
  • Review “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” and amend them to be in line with human rights standards.
  • Publish the orders given to telecommunication service providers to shut down the internet and censor information, and explain the legal rationale behind the orders.
  • Encourage telecommunications and internet service providers to respect human rights through public disclosures on policies and practices that impact users.

 Signed,

Access NowAssociation for Progressive Communications (APC)Bolo BhiCenter for Democracy & Technology (CDT)Digital Rights FoundationInternational Labour Network of Solidarity and StrugglesInternet Freedom Foundation

Internet Policy Observatory Pakistan NetBlocksOpen Net KoreaOXCON Frontier Markets & Fragile States ConsultingParadigm InitiativePEN AmericaPEN MelbourneSMEXSwathanthra Malayalam ComputingThe Bachchao ProjectUnion syndicale SolidairesUnwanted Witness UgandaWest African Human Rights Defenders Network (WAHRDN)