THE OFFICIAL SECRETS ACT

• The Official Secrets Act (OSA) in India, with its roots in the British colonial era, continues to be in effect today.
• Initially enacted as The Indian Official Secrets Act in 1904, it aimed to suppress nationalist publications that challenged the colonial administration's policies.
• Over the years, the Act has been amended and replaced, but its broad scope and provisions related to spying and disclosure of secret information remain contentious.
• It was Enacted during Lord Curzon's tenure as Viceroy of India in 1904, The Indian Official Secrets Act of 1904 aimed to silence newspapers and editors who opposed British colonial policies and fostered political consciousness among the people.
• A more stringent version, The Indian Official Secrets Act of 1889 (Act XIV), was amended and replaced in April 1923 by The Indian Official Secrets Act (Act No XIX of 1923), which extended secrecy and confidentiality provisions in governance.

3. The Act's Ambit

• The OSA addresses two main aspects: spying or espionage (Section 3) and disclosure of other secret information of the government (Section 5).
• Secret information includes official codes, passwords, sketches, plans, models, articles, notes, documents, or any other confidential information.
• Critics argue that the Act's broad classification of secret information conflicts with the Right to Information Act.

4. Use of the Act

• Notably, in recent years, there have been 136 arrests under the OSA between 2019 and 2021, with two convictions.
• The Act was used to convict former diplomat Madhuri Gupta in 2018 for passing sensitive information to Pakistan's ISI.
• Journalist Iftikhar Gilani was arrested in 2002 under the OSA for possessing documents related to troop deployment in Kashmir, but the case was later withdrawn.
• In 2017, journalist Poonam Agrawal faced charges under the OSA for conducting a sting operation on an Army official critical of the sahayak system.

5. Clash with the Right to Information Act

• The conflict between the Official Secrets Act and the Right to Information Act, which aims to promote transparency and accountability in governance, is a matter of concern.
• The OSA's secrecy provisions might limit citizens' access to crucial information, which is essential for a functioning democracy.

6. The Way Forward

• The Official Secrets Act, a colonial-era law, still holds sway in India and has been used to address matters of national security and confidentiality.
• However, its broad scope and potential conflicts with transparency and accountability laws warrant a thorough review to strike a balance between national interests and citizens' right to information.