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Is it constitutional to impose curfews or internet shutdowns during protests?

Posted by jobseeker Ritik Bhardwaj | Approved
Answers (1)

Imposing curfews or internet shutdowns during protests raises important constitutional concerns, particularly in relation to the right to freedom of speech and expression (Article 19(1)(a)), freedom of assembly (Article 19(1)(b)), and the right to life and personal liberty (Article 21). While the State may impose reasonable restrictions under Article 19(2) to maintain public order, such measures must be proportionate, necessary, and based on legitimate concerns.

The Supreme Court, in Anuradha Bhasin v. Union of India (2020), held that indefinite internet shutdowns are unconstitutional and emphasized the need for transparency and judicial oversight. Similarly, curfews—though permissible in extreme situations under laws like Section 144 of the CrPC—must not be arbitrary or excessive. Blanket restrictions that suppress dissent or peaceful protest violate democratic principles. Therefore, while curfews and internet shutdowns may be constitutionally valid under specific and exceptional circumstances, their use must be narrowly tailored, time-bound, and subject to judicial scrutiny to remain within constitutional limits.

Answered by jobseeker Vipra | Approved

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