[vinay4299]

The minister is wrong. The OSA is NOT the only law to deal with espionage. Few people are aware of the overlap between the OSA and the Acts of the Army, Navy and Air Force. The special acts of the Navy, Army and Air Force after Independence have absorbed both the infringements i.e. spying and wrongful communication of military secrets, while dramatically enhancing the punishments. Under the Navy Act, spying and wrongful communication with traitorous intent is death, while other wrongful and improper communication attracts 14 years. Interestingly, even civilians are covered by this. Relevant Sections of the Navy Act, 1957 are given below:
38. Penalty for spying. – Every person not otherwise subject to naval law who acts as a spy for the enemy shall be punished under this act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.
39. Correspondence etc, with the enemy. –Every person subject to naval law, who, -
(a) traitorously holds correspondence with the enemy or gives intelligence to the enemy; or
(b) fails to make known to the proper authorities any information he may have received from the enemy;’ or
(c) assists the enemy with any supplies; or
(d) having been made a prisoner of war, voluntarily serves with or aids to enemy
shall be punished with death or such other punishment as is hereinafter mentioned.
40. Improper communication with the enemy. – Every person subject to naval law who without traitorous intention hold any improper communication with the enemy shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.
The provisions of sections 38 and 39 of the Navy Act, 1957 are covered by the Army Act, 1950 and the Air Force Act, 1950 under sub sections 34 (d), (e) & (i). The provisions of Section 40 of the Navy Act are taken care of under sub-section 35 (b) of the Army Act as well as the Air Force Act.
The Administrative Reforms Commission chaired by Shri Veerappa Moily has recommended the repeal of the Official Secrets Act. This is being opposed by the Ministry of Home Affairs and the intelligence agencies who contend that this will tie their hands and it will not be able to prosecute offenders such as those involved in the Naval War Room leak case. This is not true. There are adequate safeguards now to cater for military offences in the military Acts themselves, which are in fact more stringent than the Official Secrets Act. Hence, even if the OSA is repealed, it would not make much of a difference. In fact, trials such as the Naval war room case should ideally br tried under the Navy Act. Unlike trials under the OSA, the case will be decided in less than a year. Why is the Police and IB so keen to try these cases? It is because of rewards they get from their respective departments whenever they carry out an arrest under the OSA. It is reported to be as much as 3 lacs. The Police Commissioner of Delhi, YS Dadwal caused a lot of heart burn when he announced that monetary awards to the Special Cell are being reduced
Perhaps the solution would be to repeal the OSA and enact a new law dealing only with non military secrets, which would conform to the provisions of the Right to Information Act 2005.
Maj Gen VK Singh