Official Secrets Act as an Obstacle to Right to Information Act

Published on 26 Nov 2025

The Official Secrets Act (OSA) is a piece of legislation that exists in many countries, including India, to protect certain types of sensitive information related to national security, defense, and diplomatic relations. While the primary intention of the OSA is to safeguard sensitive government information, it can have drawbacks when it comes to the effective implementation of the Right to Information (RTI) Act.

• Culture of Secrecy: OSA along with other rules and instructions impinge on the freedom of information as they historically developed a culture of secrecy and non-disclosure, which is against the spirit of the Right to Information Act.

• Ambiguity: The word ‘secret’ has not been defined in the Act. Therefore, public servants enjoy the discretion to classify anything as ‘secret’ allowing them to deny information under RTI.

• No change in ambiguous clauses: Originating in colonial times, the Official Secrets Act controls governance confidentiality. It lacks modern updates, causing RTI exemption issues and vague secrecy definitions.

• A tool of corruption: It is said that OSA has become a tool of corruption. OSA leads to opaqueness that undermines the very essence of RTI.

• Example: Recent case of irregularities in the Rafale aircraft deal or irregularities in Bofors defence deal.

• Misuse: The OSA makes it a punishable offence to share information that may help an enemy state. The law is misused for booking journalists when they publicize information that causes embarrassment to the government. 

• Example: Journalist Tarakant Dwivedi was booked for criminal trespass under the Official Secrets Act in 2011. An RTI query later revealed that the armory he visited was not a prohibited area.

• Chilling Effect on Whistleblowers: The fear of prosecution under the Official Secrets Act can deter whistleblowers from exposing corruption, malpractice, or wrongdoing in government departments.

Way forward

• Defining security: Section 5 of OSA should be amended to make the penal provisions of OSA applicable only to violations affecting national security. The ‘security’ clause under the section should be defined clearly with details.

• National security act: Second ARC Report had suggested that the Act should be substituted by a chapter in the National Security Act.

• Freedom of speech and expression: According to the Supreme Court, the right to freedom of speech & expression and information should be prioritized over the archaic Official Secrets Act.

After the enactment of the RTI, OSA needs to be reconsidered as it hinders the very essence of RTI. It is necessary to go back into the history of the law to understand why it was enacted and whether it is still relevant today. Both the acts have different objectives to achieve, and should complement each other and not be a hindrance in good governance.

Tags:
Ethics, Integrity and Aptitude

Keywords:
Official Secrets Act as an Obstacle to Right to Information Act Right to Information Act RTI Official Secrets Act OSA Secrecy ambiguity Whistleblower

Syllabus:
General Studies Paper 4

Topics:
Probity in Governance