tracking internet shutdowns in the country, found reports of three such crackdowns in 2012, by late August the number for 2017 was already 47.122 In addition, the Indian government has had no qualms about blocking SMS and/or voice in various parts of Kashmir and the North-Eastern states of India at different points in time, even before internet shutdowns became a regular occurrence, as well as restricting SMS across the country on several occasions. The internet is shut down in India for a wide range of, sometimes trivial, reasons. For example, between February 2016 and March 2017, an ongoing agitation by the Jat community for reservations led to mobile internet services being suspended eight times in parts of Haryana, in addition to one complete block of internet services. In February 2016, mobile internet services were also suspended across Gujarat for four hours to prevent cheating in the Revenue Accountants Recruitment Exam. In March 2015, all internet services were stopped for 48 hours in Nagaland after a video of the lynching of an accused rapist went viral. In August 2016, mobile internet services were disrupted for two days in parts of Arunachal following the death of the state’s former Chief Minister, Kalikho Pul. And in June 2017, mobile internet services, and later also broadband services, were stopped for at least a week, following violent clashes between the Gorkha Janmukti Morcha (GJM) and security forces after the GJM called for a complete strike in its agitation for a separate Gorkhaland. With 49 shutdowns since 2012, the state that has seen the greatest number of internet suspensions in India is Jammu and Kashmir. Many of these shutdowns are precautionary and seek to prevent the spreading of information or rumours.123 As section 69A of the IT Act, discussed above, allows the government to block content on a number of grounds, it could be argued that this section also provides the Indian authorities with the legal ability to switch off, under particular circumstances, access to all or parts of the internet in India. Rule 9 of the Blocking Rules that accompany section 69A explicitly allows for the Secretary of the Department of Information Technology to order intermediaries to block access “in any case of emergency nature, for which no delay is acceptable” without giving such intermediaries an opportunity of hearing. Within 48 hours, this order has to be brought for consideration and approval to a larger committee, which includes representatives of the Ministries of Law and Justice, Home Affairs, Information and Broadcasting and the Indian Computer Emergency 122 SFLC.in. Internet Shutdowns Tracker. www.internetshutdowns.in 123 Ibid. Response Team. However, the rules do not specify within which time period the committee has to provide a recommendation with regard to the order, nor for that matter do the Rules or the IT (Amendment) Act specify anywhere under which conditions a situation can be considered an “emergency” in the first place. In practice, however, internet shutdowns in India have happened under section 144 of the Criminal Code of Procedure, which reads: 144. Power to issue order in urgent cases of nuisance of apprehended danger.— (1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. This provision has been used to shut down the internet in various states, including on the order of police commissioners, who can exercise the powers of executive magistrates in emergencies. Any order issued under this section can be in force for no more than two months from the time of its making, unless it is extended by the state government for a further six months. These powers were first used in 2004 by the Mumbai police, to block the website hinduunity.org; anti-Islamic material accessible on this website was thought to be potentially inflammatory. In the following years, the Mumbai and Pune police in particular have used their power to block internet content on 74 / Unshackling Expression