Mobile services both SMS and internet/data, in Nagaland remain suspended after the government snapped the services on January 30 following the public upheaval in order to thwart rumour mongers.
Although law and order situation was gradually improving, there seem to be no respite for people who depend on cellular data networks and SMSs for their daily activities.
People, especially youths are the worst hit as most of them depend on mobile data services for communication and other works.
With already three shutdowns including the one following the March 5 incident in 2015, Nagaland is ranked at number 5 among the states that has witnessed mobile internet shutdown till date with the highest being militancy hit Jammu and Kashmir.
Among the North Eastern states, Manipur has witnessed two shutdowns since 2015 while Meghalaya and Arunachal have both witnessed only a single shutdown.
Although Assam is known for the frequent bandhs, so far the state has not witnessed any mobile data shutdowns.
In order to impose mobile data/internet shutdowns, the government till now seem to have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans, but, The Centre For Internet & Society, a popular website providing information on such issues has argued the legality of the ban under the said provision.
It rather said, the ban (if at all necessary), should be imposed under Section 69A of the Information and Technology Act 2000, and the Website Blocking Rules, which lays out the legal provision and procedure empowering a state to block accessing internet and not Section 144, CrPC, as has been followed in some previous instances.
Under Section 69A, IT Act, a state government or the central government agencies has been empowered to carry out blocks on internet access through mobile phones which includes data services such as 2G, 3G and 4G under certain circumstances.
Although the ban may be felt as necessary, it holds little or no effect on curbing social disturbances as could be seen from the incidents that succeeded the ban.
United Nations Rights Council has on June 30, 2016 condemned the countries blocking or disrupting access to the internet.
According to The Hill newspaper dated July 1, 2016, since 2012, the 47-member UN council has passed two resolutions since 2012 affirming people’s digital rights, but the section on internet blackouts appears to be a first.
The resolution passed by consensus “Condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all States to refrain from and cease such measure.”
The resolution also condemns violence or intimidation against people for “exercising their human rights and fundamental freedoms on the internet.” And it calls on countries to address security concerns online, including privacy.
As with past resolutions, the four-page document reaffirms that “the same rights that people have offline must also be protected online, in particular freedom of expression.”
It also calls on countries to help bridge the digital and gender divide, and to promote access for people with disabilities.
Whatever the legality provisions may have been provided, the losses incurred on the economy and the resentment against the government’s dictatorial approaches seems to be on the rise following the ban.
A group of singers under the aegis, ‘The Amazing Voice of Nagaland’, has also appealed to the state government to restore internet (mobile) facilities so as to enable the public to vote for them.
The group is participating in a reality show called “Rising Star” which will be aired in national channel Colors TV.
The group has made the appeal so that the public could vote for them through mobile phones and help raise their Television Rating Point (TRP).
In a copy of the appeal letter, the group said they were the only group from Nagaland participating in the National level mega event and that they were facing a possible elimination because of the poor TRP performances.