Right to Information Act vs. Official Secrets Act

The RTI’s “right of the citizen to know” overlaps with OSA’s “right to secrecy”.  What follows is a detailed account of what both the acts state as well as my reaction to the situation.

Under the Right to Information Act (2005):

1) Any citizen can request information form a public authority (Government body or instrumentality of State) that is required to be replied expeditiously within thirty days.

2) The public authority is also required to computerize records for wide dissemination and pro-actively publish certain categories of information so that citizens need minimum resource to request for information formally.

3) The act empowers a citizen to:  

·         Ask any questions from the Government or seek any information.

·         Take copies of any governmental documents.

·         Inspect any governmental documents.

·         Inspect any Governmental works.

·         Take samples of materials of any Governmental work.

The law came fully into force on 13th October 2005 before which it was restricted by the Official Secrets Act. However, one still cannot obtain information if it breaches the elements of OSA related to national security. Civil Service conduct rules along with Indian Evidence Act impose further restrictions on discloser of information.

Meaning of Official Secrets Act (1923) is any action which involves:

1) Helping an enemy state against India

2) Approach, inspect, or pass over prohibited government site or area

3) Helping the enemy state in the form of communicating a stretch, plan, model, codes or password of an official secret.

4) Disclosure of any information that is likely to affect the sovereignty or integrity, security of India and friendly relations with foreign states.

5) It is considered a punishable crime under this act which can land a person in jail for three to fourteen years whether the action was intentional or not.

6) A journalist convicted under this act is not the only person to be punished; the whole company including the editor, publisher, and proprietor have to be liable.

RTI came as a breath of fresh air not only to journalists but also to citizens of India who struggled to obtain information after continuous effort and rejection from officials. One can advantage from the law which states that the authority needs to respond accurately within 30 days. Once the authentic information delivered, it puts all the speculation, rumors and agony to rest along with bringing transparency and accountability of affairs.

 If the applicant is turned down, he/she can further complain to CIC about public interest not being served. This also fulfills the purpose of democratically elected government where, citizens’ problems are addressed as well as the fundamental right to free speech and expression is honored. I feel such a right should be extended to private companies, NGOs, educational institutes and organizations of a public nature so that people are not framed or manipulated.

Along with acting as a watchdog to democracy, RTI also provides huge aid to whistle-blowers. Not to forget journalists, who require information of public importance and need official documents as a source and proof to aid their reports.

However such a privilege can cause an overload of demand on administration. Besides, some information should remain protected from the public in the matters of national interest such as armed forces, military information, defense transactions and expenditure, the CBI, NIG etc.

With such provisions, the relevance of OSA, a legacy of British rule in India has naturally become limited. The government cannot deny the flow of information and hide behind OSA as it used to earlier by completely shutting down the questions raised by ordinary people even with regards to non- confidential information such as human interest.

While obtaining information one needs to be bound within the limitations of the later along with being responsible and intelligent enough not to misuse the information. A journalist needs to be a good judge to the situation and publish only those materials which are not going to get him/her into legal trouble or have case of OSA filed against him/her. Besides, this would not only malign the journalist’s reputation but also the nations, if sensitive information regarding other countries is involved.

Hopeless communities have hugely benefited from the RTI act; it not only gives them a right to fight corruption from petty officials regarding issues such a pension, water supply etc. but also the feeling of empowerment and confidence. For years, the government has rejected information on the pretext of OSA, even if it does not cause a national security threat, which was completely bizarre. However, RTI has almost put an end to this as long as the public take it up and their pleas continue to be answered.