The OSA is a pre-independence law designed to protect state secrets from “enemy states.” The RTI Act is a rights-based legislation aimed at empowering citizens to hold the government accountable.
OSA as an obstacle to RTI
Broad and vague definition of “secret” – Routine administrative files marked confidential to avoid scrutiny and undermine openness
Fear of criminal liability – Officials hesitate to disclose information fearing prosecution under OSA.
Over-classification – Even non-sensitive data is labelled confidential to prevent disclosure.
Used as a shield against accountability – OSA invoked to deny information on public interest matters. Eg- allegations of corruption in Rafale deal but information not shared.
Chilling effect on whistle-blowers and journalists – Fear of prosecution discourages exposure of wrongdoing.
Conflicts with RTI’s spirit of maximum disclosure (Section 4)
Lack of independent review of classification – No strong mechanism to challenge unjustified secrecy.
Psychological Barrier- The OSA fosters a “default-to-secrecy” mindset.
Need of OSA
Protects national security and sovereignty
Safeguards strategic negotiations – Trade, defence and foreign policy talks need confidentiality.
Section 8 of RT protects security-related information.
Certain internal reports on communal or ethnic tensions are kept secret to prevent the sparking of riots or civil unrest.
A separate National Security Act as suggested by 2nd ARC is needed to promote the culture of transparency and openness