In December, several district administrations in Jammu and Kashmir banned the use of “unauthorised Virtual Private Network services”, citing security concerns. District officials claimed that VPNs could be misused by “terrorists and their supporters for encrypted communication”.
VPNs allow users to mask their Internet Protocol, or IP, address and browse the internet securely while shielding their identity and data. This also allows users to bypass government and local restrictions on websites.
However, experts argue that the blanket ban on the use of VPNs in Jammu and Kashmir is legally and constitutionally flawed. For one, there are no provisions under any Indian laws prohibiting or restricting the use of VPNs. The ban also contradicts Supreme Court rulings on privacy and the right to access the internet.
“At present, no law in India prohibits the use of VPNs,” said former Delhi High Court judge and advocate Bharat Chugh. He said the Information Technology Act, 2000, criminalises the misuse of digital technology for hacking or identity theft, but “does not outlaw the tools through which such offences might be committed”.
The fresh ban on VPNs is tied to Jammu and Kashmir’s long history of internet shutdowns and the use of even anti-terror provisions against residents to curb internet and social media access....
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