Tamil Nadu Government Exempts Law and Order Wing from RTI Act
Tamil Nadu has exempted its law and order wing from the RTI Act, limiting public access to police-related records.
Chennai, September 27 (Daily Kiran) : The Tamil Nadu government has officially exempted its law and order wing from the Right to Information (RTI) Act. This decision significantly restricts public access to various records related to policing, protests, and security matters.
Classified as an intelligence and security agency, the law and order wing will no longer be obliged to provide information through standard RTI requests. This means that individuals seeking records on law enforcement incidents, communal riots, police arrests, custodial deaths, and police investigation reports will face barriers.
Additionally, the exemption covers minutes from monthly law and order review meetings and special meetings convened to address urgent situations. These gatherings allow officials to assess unrest, evaluate policing strategies, and decide on necessary administrative actions.
The order also applies to materials prepared in response to questions regarding law and order in the Lok Sabha and Rajya Sabha. It encompasses records related to protests by students, farmers, and political party activists, as well as defamatory articles, news clippings, and speeches investigated by this wing.
The government argues that not all law and order information can be made public. This decision provides the wing with a broad basis to deny requests for records it manages, including those pertaining to high-profile incidents that have drawn public attention.
However, there are limitations to this exemption under Section 24(4) of the RTI Act, which permits the state government to grant exemptions to intelligence or security organizations. Importantly, information related to corruption or human rights violations is not covered by this exemption. Requests concerning human rights violations must be approved by the State Information Commission, and responses must be provided within the stipulated timeframe outlined in the Act. This notification must also be presented to the state assembly.
The practical impact of this order will depend on how the department implements it across various requests. For instance, applicants seeking information about custodial deaths or police conduct may still invoke provisions related to alleged human rights violations. Consequently, the scope of this notification may become a subject of contention in decision-making processes.
