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Tamil Nadu Revokes Controversial RTI Exemption After Backlash
Tamil Nadu made a rule that would have kept some law-and-order records away from people asking questions under the RTI law.
The rule used a legal provision meant for intelligence and security organisations.
Critics feared it could hide information about police torture, deaths in custody, communal clashes and other serious incidents.
Leaders from the Congress, VCK and opposition parties objected strongly.
They said the rule conflicted with promises of transparent government.
The government said it was mainly trying to restrict details about community clashes.
A minister also said only a few parts of the department would be covered.
After the political backlash, the government cancelled the order.
This means the disputed exemption will no longer apply.
Tamil Nadu withdrew a September 21 order exempting its Public (Law and Order) Department from the RTI Act.
The order invoked Section 24(4) to classify the department as an Intelligence and Security Organisation.
Critics said the exemption could block information on custodial deaths, police torture, firings, communal clashes and detentions.
Congress, VCK, opposition leaders and transparency advocates condemned the move as a threat to accountability.
The government said the exemption was limited mainly to information about community clashes and could be reconsidered after public objections.
- Who
- The Tamil Nadu government, political allies, opposition leaders and transparency advocates were involved.
- What
- The government revoked an order that had exempted the Public (Law and Order) Department from the Right to Information Act.
- Where
- Tamil Nadu, India.
- When
- The original order was dated September 21; it was later withdrawn after the backlash, though the articles do not give a specific withdrawal date.
- Why
- The order was revoked after criticism that it could restrict public access to information about police and law-and-order matters.
Transparency Critics
Government Defense
Scope of the exemption
Transparency Critics
Critics said the order could block RTI access to records about police torture, custodial deaths, police firings, communal clashes, security detentions and politically sensitive cases.
Government Defense
The government said the exemption was limited, mainly concerned community-clash information and applied to only a few of the department's 20 sections.
Effect on accountability
Transparency Critics
Opposition leaders and allies argued that restricting RTI would undermine transparency, suppress human-rights information and set a bad precedent.
Government Defense
The government maintained that freedom of expression would not be affected and said it could reconsider the decision if the public objected.
Reason for the withdrawal
Transparency Critics
Critics attributed the reversal to intense political and public opposition to the proposed restriction.
Government Defense
The administration withdrew the order, but the articles do not provide a separate official explanation beyond the stated government position on its limited scope.
Key facts
- Original order
- A Human Resources Management (R) Department government order dated September 21.
- Legal basis
- Section 24(4) of the Right to Information Act, 2005.
- Classification
- The Public (Law and Order) Department was classified as an Intelligence and Security Organisation.
- Potentially restricted information
- Records concerning police torture, custodial deaths, police firings, communal clashes and security-related detentions.
- Government's explanation
- Officials said the measure mainly concerned information about community clashes and covered only some sections of the department.
- Political response
- Congress, VCK, opposition leaders and other critics demanded that the order be withdrawn.
- Outcome
- The Tamil Nadu government officially revoked the controversial order.
Quotes
Karti Chidambaram
Congress MP who criticized the original RTI restriction
“Only community clash related incident details will not be given under RTI because many are asking for RTI on community clash. There are 20 sections under Law and Order, only few sections are exempted from RTI. This is the intention behind the move.”
livemint.com
“Had the order remained in force, the exemption would have blocked RTI access to records concerning inquiries into police torture, custodial deaths, police firings, communal clashes, and security-related detentions.”
livemint.com
Sources
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