Official Secrets Act is an obstacle to the implementation of Rights to Information act

Recently, the government has sought action against ‘The Hindu’ newspaper and news agency ANI under Official Secrets Act, 1923 for publishing documents related to India’s deal to buy 36 Rafael jets from France. Judiciary however made it crystal clear and dispelled the doubts many of us have regarding Officials Secrets Act being an obstacle in effective implementation of Right to Information Act. 

Following are the provisions that clarify what happens when OSA and RTI Act come into interaction and have conflict: 

•Whenever there is a conflict between the two laws, the provisions of the RTI Act override those of the OSA. 

•Section 22 of the RTI Act states that its provisions will have effect notwithstanding anything that is inconsistent with them in the OSA. 

•Similarly, under Section 8(2) of the RTI Act, a public authority may allow access to information covered under the OSA, “if the public interest in disclosure outweighs the harm to the protected interests”. 

•Section 24 mandates even security and intelligence organisations to disclose information on corruption and human rights violations. 

Inference about OSA being an obstacle in implementation of RTI Act: 

•One needs to understand that when RTI movement was gathering momentum, the debate between need for secrecy and need for transparency already existed. Beyond a point, it was not acceptable to those leading the movement to accept only dilution of OSA but they demanded a full-fledged RTI Act. 

•Hence, the way RTI Act has been crafted and provisions put very much takes care of the fact that OSA must not become a roadblock in releasing the information. If we closely read above provisions, it becomes quite clear that OSA, for one, is not an obstacle. In case of conflict, law is clear to give way to RTI. But yes, there are many other issues that don’t allow for effective implementation of RTI Act. 

Rather than getting carried away by draconian provisions of OSA, the need is to look at the entire process of RTI Act and mend the loopholes. Improvements at levels of people, institutions and government functionaries is needed.

Comments

Post a Comment

Popular posts from this blog

ocean currents and their impacts on marine life and coastal environment

Image
Its physical characteristics like temperature, salinity, density and the external forces like the sun, the moon and the winds influence the movement of ocean water. Ocean currents are the continuous flow of huge amount of water in a definite direction. Water moves ahead from one place to another place through ocean currents. Ocean currents have direct impact on the climate and economy of the region.  Ocean currents and water masses differ in their impacts on marine life and the coastal environment in different ways:  • Impact on biodiversity:  The physical parameters of water masses are essential because they structure the water masses and determine the various habitats that provide the environmental conditions required for marine life.  These conditions influence the production and the growth of plankton and fish species. The dispersion and dwelling of larvae for many benthic and pelagic species depend on hydro-graphical factors. They also play an important role for...
Read more

TSPSC Group-1 (Mains) | Paper-6 - Telangana Movement And State Formation

 I. The idea of Telangana (1948-1970)  1. Historical Background: Telangana as a distinctive cultural unit in Hyderabad Princely State, its geographical, cultural, socio, political and economic features- People of Telangana- castes, tribes, religion, arts, crafts, languages, dialects, fairs, festivals and important places in Telangana. Administration in Hyderabad Princely State and Administrative Reforms of Salar Jung and Origins of the issue of Mulkis-Non-Mulkis; Employment and Civil Services Rules under Mir Osman Ali Khan, VII Nizam’s Farman of 1919 and Definition of Mulki - Establishment of Nizam’s Subjects League known as the Mulki League 1935 and its Significance; Merger of Hyderabad State into Indian Union in 1948; Employment Policies under Military Rule and Vellodi,1948-1952; Violation of Mulki-Rules and Its Implications.  2. Hyderabad State in Independent India- Formation of Popular Ministry under Burgula Ramakrishna Rao and 1952 Mulki-Agitation; Demand for Employm...
Read more

Public Services Code as recommended by the 2nd Administrative Reforms Commission

2nd Administrative Reforms Commission has suggested the inclusion of the following principles in the Code of Ethics for civil servants in India:    • Integrity : Civil servants should be guided solely by public interest in their official decision making and not by any financial or other consideration either in respect of themselves, their families or their friends.    • Impartiality: Civil servants in carrying out their official work, including functions like procurement, recruitment, delivery of services etc, should take decisions based on merit alone.    • Commitment to public service: Civil servants should deliver services in a fair, effective, impartial and courteous manner.    • Open accountability: Civil servants are accountable for their decisions and actions and should be willing to subject themselves to appropriate scrutiny for this purpose.    • Devotion to duty: Civil servants maintain absolute and unstinting devotion towa...
Read more

TSPSC Group-1 (Mains) | Paper-3 Indian Society, Constitution, Governance

I. Indian Society, Structure, Issues and Social Movements  1. Indian Society: Salient features, Unity in Diversity; Family, Marriage, Kinship, Caste, Tribe, Religion, Language; Rural – Urban continuum; Multi-culturalism.  2. Social Exclusion and Vulnerable Groups: Scheduled Castes, Scheduled Tribes, Backward Classes, Minorities, Women, Children, Aged and Disabled.  3. Social Issues: Poverty; Unemployment, Child Labour, Violence against Women; Regionalism; Communalism and Secularism; Corruption; Caste Conflicts, Problems of Agricultural Labour; Urbanization; Development and Displacement; Environmental Degradation; Sustainable Development; Population Explosion; Agrarian Distress; Migration.  4. (a)Social Issues in Telangana: Vetti; Jogini and Devadasi System; Girl Child; Flourosis; Child Labour; Migrant Labour; Child Marriages.       (b) Social Movements in Telangana.  5. Social Policies and Programmes in India and Telangana: Policies for Women...
Read more