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Colonial era Official Secrets Act to be tweaked to get in tune with RTI

The nodal ministry of home affairs has sought comments and views on the present status of the OSA from 20-odd ministries and key departments.

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Under flak for being over secretive in parting with even basic information that does not jeopardise national security, the Centre is mulling over changes in the Official Secret Act (OSA), 1923, that contradicts provisions of the Right to Information Act, 2005.

The nodal ministry of home affairs has sought comments and views on the present status of the OSA from 20-odd ministries and key departments, including those of finance, defence, external affairs, atomic energy, personnel and training, PMO and Planning Commission and how it can be amended to suit the needs of growing class of people raising clamour for transparency .

A legislation bringing the much needed amendments to the OSA can be expected in the next budget session, top MHA sources said, adding that a lot depends on what comments come from the key ministries of defence and external affairs.

“We are in the process of getting comments, only a few ministries have sent their views so far. A final call on what amendments can be made to the OSA will be taken by the MHA once all ministries record their suggestions,” the sources said.

The DoPT is learnt to have told the MHA that RTI and OSA cannot exist together in their present forms as they contradict each other and if OSA cannot be repealed; at least amend-ments to the Act are a must.

“We have sent a detailed representation to the MHA stating that either repeal the OSA or at least bring in amendments to bring it in accordance with principles of the RTI Act and transparency and accountability at large,” sources in the DoPT said.

Originally drafted as an anti-espionage Act to suit the British interests, OSA is considered a powerful tool for the government that gives it powers to withhold information and punish even ordinary people.

RTI Activist Venkatesh Nayak considers it as a welcome step. “The OSA has been used in two ways. Prior to the RTI Act, it was misused for withholding information from citizen and these days it is misused for putting journalists behind bars when they publish any information from sources that leak that from within the government. It will be good for Indian democracy of it happens,” Nayak said.

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