'Frontal violation of personal liberty': Arrests over VPN use in Jammu Kashmir draw fire

May 20, 2025 by News Desk

Legal experts and free speech campaigners have strongly condemned the recent detentions in Jammu Kashmir’s Doda district over the use of Virtual Private Networks (VPNs), calling the move an arbitrary attack on civil liberties and a troubling misuse of emergency powers.

Following the April 22 Pahalgam massacre, the Doda administration imposed a sweeping ban on VPNs through an order dated May 2, citing a “serious threat to public order, tranquility, and national security.” The two-month ban, enforced under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, applies to individuals, institutions, ISPs, and cyber cafes.

On May 16, the Doda District Police confirmed that “several individuals” had been detained for violating the order. “These individuals were using VPNs to bypass internet restrictions,” the statement said, adding that “all detained individuals are currently being questioned, and further legal action shall be initiated as per relevant provisions of the law.”

The number of those detained remains undisclosed, though reports suggest they were identified through technical surveillance mechanisms.

Legal experts say the crackdown is not only legally questionable but also marks a dangerous precedent. Senior Supreme Court advocate Nitya Ramakrishnan criticised the use of Section 163, calling it “unconstitutional by its very terms.” She warned that the provision gives the executive “blanket and unguided power,” enabling the state to carry out a “frontal violation of individual liberty.”

“Today’s rhetoric that anything is alright in the name of security is pernicious,” Ramakrishnan said. “It is tantamount to saying any security agency is king. To make the violation worse, the supposed offenders have also been denuded of their liberty.”

Kashmir-based legal expert Habeel Iqbal pointed out that VPN use is not criminalised under current Indian law. “The Union Ministry of Electronics and Information Technology, under its 2022 rules, does not prohibit the use of VPNs,” he said.

“The VPN providers are only required to store user data for five years. There is no provision for arresting individuals who use VPNs.”

Critics argue that the invocation of Section 163 of the BNSS—seen as a modern iteration of colonial-era policing statutes—signals a troubling expansion of state power. They warn that if left unchecked, such powers could further erode democratic protections and the right to digital privacy in India.