In December 2022, the district administrations in Jammu and Kashmir implemented bans on “unauthorised Virtual Private Network (VPN) services” due to security concerns. Officials claimed that VPNs could be misused by terrorists or their supporters for encrypted communication, posing a threat to public safety. VPNs are tools that let users mask their Internet Protocol (IP) address, allowing them to browse the internet securely while maintaining their anonymity. They also enable users to access restricted websites freely.
While the local authorities see this move as a necessity for security, many experts argue that banning VPNs in this manner raises significant legal and constitutional questions. According to them, there is no Indian law that explicitly prohibits or restricts the use of VPNs. In fact, the Supreme Court has upheld the rights to privacy and internet access, contradicting such bans.
Former judge Bharat Chugh, who practices in Delhi, emphasized that no law in India currently prohibits the use of VPNs. The Information Technology Act of 2000 primarily criminalizes the misuse of technology for illegal activities, but it doesn’t outlaw the tools used for these activities. He pointed out that banning VPNs is an overreach, especially through Section 163 of the Bharatiya Nagarik Suraksha Sanhita, which was never intended to control everyday digital activities. This section should be reserved for urgent situations where real threats exist, not for regulating the digital habits of the local population.
### Prohibitory Orders and Regional Concerns
In Jammu and Kashmir, at least ten district administrations have used Section 163 to impose VPN bans, claiming it was necessary for public safety. For instance, the Kulgam district cited a warning from the Senior Superintendent of Police about a rise in VPN use among “suspicious internet users.” Authorities expressed concerns that this could lead to unlawful actions, such as spreading misinformation or inciting unrest.
Interestingly, these orders were issued without individual notice, making it difficult for people to defend their rights. In Baramulla district, the order specified that VPNs could only be used by those “authorised by the government,” without clear definitions of what constitutes legitimate use. Following these orders, the police reportedly found multiple individuals violating the VPN ban, leading to arrests and further preventive actions.
### Legality of the VPN Ban
Legal experts argue that imposing a blanket ban on VPNs lacks sufficient legal grounding. According to Apar Gupta, founder of the Internet Freedom Foundation, the existing laws primarily focus on VPN service providers rather than the users themselves. There’s no overarching ban on individuals using VPNs; instead, it is the providers who face compliance obligations. Moreover, while using a VPN is not against the law, the Indian Computer Emergency Response Team has issued directives for VPN providers to maintain user activity logs, which can raise concerns about privacy.
A notable point in this context is the actions taken by VPN service providers in response to these regulations. Many have shut down their servers in India due to privacy concerns over data retention. It raises questions about how such laws might undermine the very purpose of VPN services, which is to provide secure and private internet access.
Gupta also highlighted that issuing prohibitory orders under Section 163 should not fundamentally restrict technology without clear and immediate justification. Such blanket bans risk normalizing emergency provisions for everyday use, rather than responding to acute threats.
### A Pattern of Internet Restrictions
The situation in Jammu and Kashmir is not an isolated incident. The region has a long history of internet restrictions, particularly after the abrogation of Article 370 in 2019, which effectively revoked its special status. Following this change, complete internet shutdowns were enforced, only to be partially restored later under severe limitations.
Reports have also surfaced where local authorities checked residents’ phones for VPN apps, apprehending and threatening those found using them. This highlights not just the challenges that internet users face, but also the broader implications for civil liberties in the region.
In 2025, the government of Manipur also suspended internet services across multiple districts, citing similar concerns about social media usage. Such restrictions seem symptomatic of a broader trend where the authorities employ internet censorship and service bans as tools to maintain control.
### Conclusion
The bans on VPNs in Jammu and Kashmir raise fundamental questions about legality, human rights, and the balance between security and freedom. While the concerns regarding security are valid, the approach taken raises issues about the infringement of individual rights. As the conversation continues, it is clear that the challenge lies in finding a way to maintain public safety without compromising the essential freedoms that underpin a democratic society.
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