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”. •...