Official Secrets Act

Published on 29 Jan 2025

OFFICIAL SECRETS ACT (OSA)

It was first enacted in 1923 and its applicable to government servants and citizens. It provides the framework for dealing with espionage, sedition and other potential threats to the integrity of the nation. After independence, the act was amended and renamed by the parliament as the Indian Official secrets (Amendment) act 1967.

OSA an obstacle to RTI act?

• Culture of secrecy: Frequent misuse made confidentiality a norm, hindering RTI's essence, fostering a culture of secrecy.

• Example: ISRO spy case- Dr. Nambi Narayanan falsely accused on espionage in 1990s. He was arrested under OSA however the charges were found baseless later on.

• Ambiguity: Wordings of the law is ambiguous and has made it a legal provision converting various issues of governance into a confidential matter.

• Example: Any kind of information is covered by section 5 of OSA and is classified as ‘secret’ and ‘secret’ has not been defined in the act.

• Aiding corruption: OSA has become a tool of corruption.

• Example: irregularities in the Rafale aircraft deal OSA led to opaqueness.

• Misuse: OSA punishes sharing information aiding enemy states, misused to charge journalists exposing government embarrassments.

• Example: Journalist Tarakant Dwivedi was charged under OSA in 2011; RTI showed the visited armoury was not prohibited.

Way Forward

• Legal Reform: Conduct a thorough review of the OSA, considering input from legal experts, civil society and stakeholders.

• Definition clarification: clearly define the terms like “official secrets”, “sensitive information”.

• Whistleblower protection: Explicit protection for whistleblowers who disclose information in the public interest.

• Modernisation and adaptation: Update official secrets act to reflect contemporary values, legal norms and technological advancements.

• International Best Practices: learn from experiences of other countries that have successfully balanced need for secrecy with respect for democratic values.

• Public Consultation: Engage in a transparent and inclusive public consultation process to gather diverse perspectives on the proposed reforms.

• 2nd ARC recommendation: OSA repealed and replaced with National Securities Act.

Tags:
Polity

Keywords:
Good governance Transparency Accountability RTI act Official secrets act

Syllabus:
General Studies Paper 2

Topics:
Governance and Transparency