RTI Happenings: Steps to amend secrecy law cannot be disclosed: Govt

[Sajib Nandi]

Reported by Business-standard.com on July 23, 2012
Steps to amend secrecy law cannot be disclosed: Govt | Business Standard

The government has refused to make public the steps taken by it to amend the Official Secrets Act saying cabinet papers cannot be disclosed before final decision is taken.

The Home Ministry's refusal to divulge the steps came in response to an RTI query by activist Venkatesh Nayak of Commonwealth Human Rights Initiative seeking inspection of files and other documents related to amendment process undertaken by the Officials Secrets Act.

"Information related to amendment of the said Act, as requested by you, cannot be provided under section 8(1)(i) of the RTI Act," the Home Ministry said in its response.

Section 8(1)(i) of the Act exempts the disclosure of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over.

"The Government does not believe it is necessary to consult with people on the amendment of what is essentially an anti-espionage law which also criminalises unauthorised disclosure and possession of official information," Nayak said commenting on the development.

He said it appears that the OSA is being amended in an atmosphere of great secrecy and citizens outside Government do not require to be consulted.

"That this is happening despite seven years of the implementation of the RTI Act is astounding," he said.

[Sajib Nandi]

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Reported by Timesofindia.indiatimes.com on Jul 24, 2012
Govt refuses to amend Official Secrets Act - The Times of India

NEW DELHI: Indicating its continued reluctance to share information the government has refused to make public steps taken to amend the Official Secrets Act (OSA) saying Cabinet papers cannot be disclosed before final decision is taken.

The home ministry's refused to divulge the steps in response to an RTI query by activist Venkatesh Nayak from Commonwealth Human Rights Initiative seeking inspection of files and other documents related to amendment process undertaken by the Officials Secrets Act.

"Information related to amendment of the said Act, as requested by you, cannot be provided under section 8(1)(i) of the RTI Act," the ministry said.

Section 8(1)(i) of the Act exempts the disclosure of Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries and other officers provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over.

"The government does not believe it is necessary to consult with people on the amendment of what is essentially an anti-espionage law which also criminalizes unauthorized disclosure and possession of official information," Nayak said.

He said it appears that the OSA is being amended in an atmosphere of great secrecy and citizens outside government do not require to be consulted.