Daijiworld Media Network - Chennai
Chennai, Sep 27: The Tamil Nadu government has issued an order exempting the law and order wing of its Public Department from the Right to Information (RTI) Act, restricting access to a wide range of records related to policing, protests and security.
The government has classified the wing as an organisation involved in intelligence and security-related activities. As a result, applicants may no longer be able to obtain several categories of records held by the wing through routine RTI applications.
The exemption covers records relating to the appointment of commissions of inquiry into law and order incidents, communal and caste clashes, police arrests and custody, deaths of prisoners and receipt of police investigation reports.
It also includes records of monthly law and order review meetings conducted on the instructions of the Chief Secretary and special meetings convened to deal with specific situations.
Such meetings involve officials reviewing incidents of unrest, assessing policing arrangements and deciding on administrative measures.
The notification further covers material prepared for replying to law and order-related questions raised in the Lok Sabha and Rajya Sabha.
Records concerning demonstrations by students, farmers and political party workers have also been brought within the scope of the exemption. The order covers allegedly defamatory articles, news clippings and speeches examined by the law and order wing.
The government has maintained that information relating to law and order cannot be made public in its entirety. The notification provides the wing a broader basis to deny RTI requests concerning records in its custody, including documents related to incidents that have drawn public attention.
However, the exemption is subject to limitations under the RTI Act. Section 24(4) allows a state government to exempt an intelligence or security organisation through a notification, but information relating to allegations of corruption or human rights violations remains outside the exemption.
Requests concerning alleged human rights violations require approval from the State Information Commission and have to be disposed of within the time prescribed under the Act. The notification must also be placed before the state legislature.
The practical impact of the order will depend on how the department applies the exemption to individual RTI applications.
Applicants seeking information on matters such as custodial deaths or alleged police misconduct may still rely on provisions of the RTI Act dealing with human rights violations. The scope of the new notification could therefore face scrutiny when such requests are considered.