Chennai: The Tamil Nadu government has issued a notification exempting the law and order wing of its Public Department from the Right to Information (RTI) Act, bringing a broad range of records relating to policing, protests and security within the exemption.
The move classifies the wing as an intelligence and security-related organisation under Section 24(4) of the RTI Act. The provision allows a state government to specify such organisations through a notification in the Official Gazette. Information concerning allegations of corruption and human rights violations, however, remains outside the exemption.
Records covered by exemption
The notification 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 police investigation reports.
It also includes records connected with monthly law and order review meetings conducted on the instructions of the Chief Secretary and special meetings convened to deal with particular situations.
Such meetings involve officials reviewing incidents, assessing policing arrangements and considering administrative measures in response to law and order situations.
The exemption further covers material prepared by the wing in connection with replies to law and order-related questions raised in the Lok Sabha and Rajya Sabha.
Protest and media-related records included
Records concerning demonstrations by students, farmers and political party workers have also been brought within the scope of the exemption.
The notification covers allegedly defamatory articles, news clippings and speeches examined by the law and order wing.
As a result, applicants seeking such records through RTI applications could face restrictions if the requested information falls within the categories covered by the notification.
The practical effect, however, will depend on how the department applies the exemption to individual RTI requests.
Human rights, corruption information remains accessible
Section 24(4) of the RTI Act specifically states that information relating to allegations of corruption and human rights violations cannot be excluded from the exemption. In cases involving alleged human rights violations, information can be provided after approval from the State Information Commission and must ordinarily be furnished within 45 days of receipt of the request. The notification issued under Section 24(4) must also be laid before the State Legislature.
This means the exemption does not create an unrestricted bar on access to every record held by the law and order wing.
For example, applicants seeking information relating to allegations of custodial deaths or other alleged human rights violations may continue to invoke the relevant provisions of the RTI Act, subject to the procedure prescribed under Section 24.
Impact will depend on individual RTI requests
The Tamil Nadu government’s notification is therefore likely to affect access to records concerning law and order administration, including documents relating to protests, policing reviews and security-related matters.
Whether a particular RTI request can be denied under the exemption will depend on the nature of the information sought and its connection with the records covered by the notification.
The notification has been issued under the mechanism provided by the RTI Act for state-level intelligence and security organisations. The Tamil Nadu Government Gazette records notifications and orders issued by the state government through its official publication system.