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This is an archive article published on May 22, 1997

Piercing secrecy8217;s veil

Information is power. The right to know can translate into the power to demand, the power to do, the power to change. This is precisely why...

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Information is power. The right to know can translate into the power to demand, the power to do, the power to change. This is precisely why the proposed Right to Information Bill, drafted by a specially constituted working group appointed by the government, is an important step in this the 50th year of freedom. Indeed, such a Bill gets its legitimacy from Article 19 a of the Constitution which enshrines freedom of expression as one of the fundamental rights of all citizens.

For too long have Indian state functionaries conducted their affairs behind the curtains of secrecy, like their colonial masters did before them. The flip side of this unwholesome secrecy is an even more unwholesome surveillance. Obsolete laws and practices that should have been junked years ago still continue. In March, Indian Express investigations had revealed that some 5,000 letters from abroad meant for the ordinary citizens of India are being intercepted every day by the Intelligence Bureau under the obsolete Indian Post Office Act.

The State has never willingly shared information that could be considered vital for the public good with its people, as the unfortunate story of Bofors reveals. There are ways in which the government can circumvent even the privileges of Parliament and deny information it seeks. Indeed, given a chance, the State has demonstrated an unhealthy proclivity to draw the veil of secrecy even more tightly around itself. It was only because President Zail Singh had put his foot down that the attempt made by the Rajiv Gandhi government in 1986 to enlarge its interventionist powers by amending the Indian Post Office Act proved abortive. Of course, every State is duty-bound to protect its security and interests and there are areas pertaining to defence and external affairs, for instance, where free access to information can legitimately be curtailed. However, there is a tendency for government officials to use an umbrella term like 8220;interests of the State8221; to indulge in all manner of abuse against its citizens.

The proposed Bill attempts to fight precisely such a tendency by defining the nature of such classified information and specifying a time-frame 8212; 20 years against 30 years as at present 8212; for its validity as a sensitive piece of information. It also enunciates the principle of severability, under which information in a classified document that poses no security hazard could be made available to the public, even while other portions remain withheld. The Bill needs to be scrutinised and improved upon before it passes muster. Ultimately, such legislation will only be as good as the efforts of citizens to procure such information and act upon it are. The right to know can help deepen democracy, certainly, but it also has the potential to transform human lives. Knowing the amount of foodgrains sanctioned to a particular ration shop, or where the village tubewell is to be dug by a government contractor and at what cost can help people force the State to be more accountable. They must also know the criteria by which tender bids in the construction and supply sectors are accepted or rejected. People must arm themselves with the power that knowledge gives them.

 

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