Tamil Nadu exempts Public (Law and Order) Department from RTI Act, then backtracks

The TVK government in Tamil Nadu headed by Chief Minister Joseph Vijay has done it again. Within hours of ordering the exemption of the Public (Law and Order) Department from the RTI Act, it has backtracked and revoked the order.

On Sunday (September 27), a Gazette notification issued under Section 24(4) of the RTI Act classified the department as an intelligence and security organisation. This meant information on communal incidents, political agitations, police custody deaths, and other similar law-and-order matters would no longer be publicly accessible through RTI applications.

Amid immediate public debate and scrutiny concerning transparency and policing administration, the government reversed the decision and revoked the exemption order.

Repeated backtracking

So far, the Vijay government has backtracked on several prominent administrative and policy decisions following public backlash and political pressure.

Also read: Vijay’s ‘secret’ letter to Modi on Chennai airport raises political hackles in Tamil Nadu

In August, the Department of Collegiate Education and Higher Education Department issued directives instructing university registrars and college principals to coordinate with police and district administrations to prevent students and youth from participating in political protests organized by the Cockroach Janta Party (CJP). Following fierce criticism labelling the circular unconstitutional and undemocratic—alongside pressure from political allies—the government completely revoked and withdrew the directive, days after issuing it.

More recently, after writing a letter to Prime Minister Narendra Modi seeking to replace AAI at Chennai International Airport with a more “competent” authority, the government said airports and similar establishments must stay with the government after both allies and the Opposition protested.

Earlier this month, a notification was issued to acquire 22.16 hectares of farm land for the proposed Phase-3 expansion of the Cheyyar SIPCOT Industrial Park in Melma village, Tiruvannamalai district, but was withdrawn after farmer protests. Several appointments have also been revoked after criticism.

Central bodies exempted from RTI

Under Section 24 of the Right to Information (RTI) Act, 2005, specified intelligence and security organizations are generally exempted from the purview of the law. The Second Schedule of the RTI Act lists key central bodies that are exempt from making information accessible, except for cases involving corruption or human rights violations.

Also read: RTI losing its sting as radical piece of legislation gets blunted

These organisations are the Intelligence Bureau (IB), the Research and Analysis Wing (RAW), the Central Bureau of Investigation (CBI), the Directorate of Revenue Intelligence (DRI), the Central Economic Intelligence Bureau, the Directorate of Enforcement (ED), the Narcotics Control Bureau (NCB), the Aviation Research Centre, the Special Frontier Force, the Border Security Force (BSF), the Central Reserve Police Force (CRPF), the Indo-Tibetan Border Police (ITBP), the Defence Research and Development Organisation (DRDO), and the National Technical Research Organisation (NTRO).

No blanket exemption

Under Section 24(4) of the Act, state governments are also empowered to issue notifications exempting specific state security or law-enforcement branches. However, even for these exempted departments, blanket denial does not apply to allegations of corruption and human rights violations. Information concerning human rights violations can be disclosed provided it receives approval from the relevant Information Commission.

Also read: CIC raps Home Ministry over 'blanket denial' of FCRA renewal RTI

Furthermore, Section 8 of the Act outlines general grounds for withholding specific categories of sensitive information across all public authorities.