## Jammu and Kashmir Telecom Control Powers Summary
The Jammu and Kashmir Lieutenant Governor (LG) has been granted extensive powers to control telecommunications during declared “public safety events.” A recent government order empowers the LG to intercept, monitor, and block all forms of communication, including phone calls, internet data, and messaging services. This authority extends to directing telecom service providers to take necessary actions.
The order cites the need to prevent disruptions to public order, maintain security, and address potential threats during events deemed critical for public safety. These events aren’t specifically defined, offering broad discretion to authorities.
Previously, such powers rested with the Home Department. The new order centralizes control under the LG, streamlining decision-making during emergencies. The order references Section 5(2) of the Indian Telegraph Act, 1885, which allows the government to take possession of licensed telegraphs (now encompassing all telecom infrastructure) in the interest of public safety.
Critically, the order allows for preventative measures – meaning communication controls can be imposed *before* an event unfolds, based on anticipated risks. This differs from reactive measures taken in response to an ongoing situation.
The move has raised concerns among civil society groups and opposition parties who argue it could be used to suppress dissent and restrict freedom of expression. They point to past instances of prolonged internet shutdowns in J&K following the revocation of Article 370 in 2019.
The government defends the order as a necessary tool to maintain law and order and counter potential threats, particularly in the context of ongoing security challenges in the region. Officials state the powers will be exercised with responsibility and only when absolutely necessary. The order specifies that any actions taken must be in accordance with established legal procedures and safeguards.
The order applies to all telecom service providers operating within Jammu and Kashmir, including mobile network operators, internet service providers, and those offering voice over internet protocol (VoIP) services. It mandates cooperation with authorities and compliance with directives issued during public safety events.
