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INTERNET SHUTDOWN IN MANIPUR
Recently, the Manipur High Court repeated that the state government had no right to keep blocking mobile internet access for the whole state, because internet service was part of the resident’s right to free speech under article 21 of the constitution. The court was listening to the PIL that opposed the current internet shutdown across the state.
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What is Internet Shutdown?
Internet shutdowns are intentional interruptions of online or digital communications that make them unavailable or unusable for a certain group of people or in a specific area, usually to limit the spread of information. It can impact both mobile and broadband internet services.
Landmark Judgements on Internet shutdown in India
In India the Central and State government can ban internet services in any part of India without consulting any court, in case of any emergency or law and order situation. They can order ISPs to filter, remove, or block internet access.
Anuradha Bhasin v Union of India, (2020)
In this case the legality of internet shutdown and restrictions of movement was challenged under Article 32 of the Constitution.
The Supreme Court of India ruled that an undefined restriction of internet services would be illegal and that orders for internet shutdown must satisfy the tests of necessity and proportionality
The Court recapitulated that freedom of speech and expression includes right to the internet and therefore was protected under the constitution. However, it could only be restricted when there is a risk against citizens and in the name of national security.
The court ruled that this order which imposes a complete restriction on the internet should be published for the public and was also subject to judicial review.
In this landmark judgement Supreme Court held that the right to free speech and the right to carry out trade and business through the internet are fundamental rights protected under Article 19 (1) (a) and Article 19 (1) (g) of the Constitution of India, respectively.
Also, the Kerala High Court in Faheema Shirin v/s State of Kerala case recognized the right to internet access as a fundamental right as a part of the right to privacy and the right to education under Article 21 of the Constitution.
Indian Laws governing internet shutdown
Section 144 of Criminal Procedure Code
This provision gives authority to a district or sub-divisional officer or any other officer authorized by the state to pass orders to prevent or stop any nuisance or disturbance of public tranquillity which may also include the suspension of internet services in a particular area for a specified period.
Section 69A of the Information and Technology Act 2000
This provision gives the central government the right to stop people from seeing any online content that it considers to be prejudicial to the sovereignty, integrity, defence, security or friendly relations of India, or to public order or decency, or to incitement of any offence.
Conclusion
The internet is not just a way to communicate, but also a platform for various activities that affect many people. Shutting down the internet affects everyone in that area, even those who are not involved in any trouble. This violates their right to free speech under the Indian constitution. The government should issue clear guidelines to state governments on when and how to impose internet restrictions in exceptional circumstances. And the authorities should also follow the guidelines that are given in Anuradha Bhasin’s case.
ARBITRATION AGREEMENT
In terms of section 2(1) (a) of the Arbitration and Conciliation Act, 1996, “arbitration” means any arbitration whether or not administered by permanent arbitral institution.
In the famous case of Collins v Collins, Romilly M.R. defines arbitration as,
“An arbitration is the reference to the decision of one or more persons, either with or without umpire, of a particular matter in difference between the parties”
In simple words, arbitration is a process where the parties involved in a conflict agree to let one or more arbitrators decide the outcome of the dispute. The arbitrators’ decision is final and enforceable. By choosing arbitration, the parties avoid taking the dispute to a public court.
In Rameshwardas v Mrs. Goolbai Hormusji AIR 1955 SC 812
It was observed that an arbitration agreement needs to be in writing though it need not be signed. The fact that the arbitration agreement shall be in writing is continued in the 1996 Act under section 7(3) thereof.
WHAT IS ARBITRATION AGREEMENT?
Section 7 of the Arbitration and Conciliation act defines Arbitration Agreement as follows:
“(1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication including communication through electronic means which provide a record of the agreement; or
(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.
(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.”
An arbitration agreement is a smart choice for parties who want to avoid the hassle and expenses of going to regular court. It is a legal contract that says any disputes between them will be resolved by arbitration process. The parties agree to submit their disputes to an impartial arbitrator or a panel of arbitrators, who will listen to both sides and make a final and enforceable decision.
Usually, an arbitration agreement sets the terms for resolving disputes by arbitration. It covers the dispute scope, process rules, arbitrator selection, location and other key points.
Essentials of arbitration agreement:
- There must be a dispute between the parties: An arbitration agreement is valid only if there is a dispute between the parties. Without a dispute, the arbitration clause cannot over-ride a prior settlement.
- The Agreement must be in writing: An arbitration agreement is a legal contract that requires the parties to sign it and put it in writing. The written form can be flexible, such as a document, an email, or a clause in another contract.
- The intention of the parties: The parties’ intention to arbitrate is essential for the agreement. It does not matter if they use specific words, as long as they agree to use arbitration for their disputes.
- No prescribed form of agreement: The Act does not prescribe any format for an Arbitration Agreement. It can form a part of the main contract or in a separate agreement.
In Rukmanibai Gupta v. Collector, Jabalpur 1980,
The Supreme Court observed that an arbitration clause is not required to be stated in any particular form. If the intention of the parties to refer the dispute to arbitration can be clearly ascertained from the terms of the agreement, it is immaterial whether or not the expression “arbitration” or “arbitrator” has been used. Nor it is necessary that it should be contained in the same contract document.
5. Defined legal relationship: Section 7 (1) of the Arbitration and Conciliation Act 1996 states that: “An arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.”
This implies that the dispute must be related to a legal relationship that is clearly specified in the agreement, and not based on moral or spiritual grounds. Such matters are not subject to arbitration, as they are not enforceable by law.
Thus an arbitration is an important alternative dispute resolution process that is encouraged to reduce the backlog and cost of court cases.
The effectiveness of dispute resolution through arbitration largely depends on the precision and professionalism with which an Arbitration Agreement is drafted. Therefore, parties entering into an Arbitration Agreement should ensure its meticulous drafting at the time of its creation.
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