There is a view that the Official Secrets Act is an obstacle to the implementation of the Right to Information Act. Do you agree with this view? Discuss.

The Official Secrets Act was enacted in 1923 and retained after Independence. The law makes spying, sharing secret information, withholding sensitive information, a punishable offence. The law meant for ensuring secrecy and confidentiality in governance, mostly on national security and espionage issues, has often been cited by authorities for refusing to divulge information. Governments have faced criticism for misusing the law against journalists and whistle-blowers. 

OSA as an obstacle to RTI:

1. OSA creates a culture of secrecy that is at odds with the goals of transparency rooted in the Right to Information Act. The frequent use and misuse of OSA has made confidentiality a norm, hindering the very essence of providing information under RTI. OSA along with other rules and instructions impede the freedom of information creating a culture of secrecy and non-disclosure, which is against the spirit of RTI.

2. Ambiguity which enables discretion to deny information under RTI: The law is worded with ambiguity and has made it a legal provision converting various issues of governance into a confidential matter. Any and all kinds of information is covered by Section 5 of OSA and is classified as secret. The word ‘secret’ in turn has not been defined in the act. 

3. No change in ambiguous clauses: OSA was enacted during the colonial era to govern all  of secrecy and confidentiality in governance. It is commonplace for OSA to be used as a cause of exemption under RTI, no efforts made to define the ‘secret’ under the act.

4. Promotes opacity and corruption: E.g.: Non-disclosure and absence of transparency when it comes to Rafale aircraft deal or Bofors defence deal. 

5. The misuse of OSA is also an obstacle to RTI since very often OSA is used to book journalists who are working against state authorities.

However, OSA also becomes necessary for the pursuit of national security, maintaining confidentiality of information and therefore cannot be wished away. The need is to harmonise the ideals of transparency enshrined in RTI with the confidentiality of OSA necessary for national security.