Tamil Nadu Revokes RTI Exemption for Law and Order
The Tamil Nadu government has withdrawn an order that had exempted the Public (Law and Order) Department from the Right to Information (RTI) Act, 2005. The decision came just days after the move faced criticism from political parties, including allies of the ruling government, as well as transparency activists.
The Human Resources Management Department had issued the original order on September 21 under Section 24(4) of the RTI Act. It classified the Public (Law and Order) Department as an “Intelligence and Security Organisation”, placing it outside the normal scope of the RTI Act.
On September 27, the government issued a fresh order stating that the earlier Government Order, GO Ms No. 57, “stands revoked”. With the withdrawal, the Public (Law and Order) Department continues to remain within the RTI framework.
The department deals with several sensitive law-and-order matters. These include police firing inquiries, custodial deaths, allegations of police torture, deaths of remand prisoners, communal and caste-related clashes, preventive detention and political or student protests. It also handles reports connected with human rights complaints and certain politically sensitive cases.
The proposed exemption attracted criticism because of concerns that restricting access to such records could make it more difficult for citizens and journalists to seek information about police and law-enforcement actions.
The decision also faced opposition from members of the government’s alliance. CPI(M) MP Su Venkatesan criticised the move, while other alliance partners and political leaders also called for the order to be withdrawn. Transparency activists similarly raised concerns about public access to information concerning law and order and police accountability.
Under Section 24(4) of the RTI Act, state governments can exempt intelligence and security organisations from the Act through a notification. However, the law provides that such exemptions do not cover information relating to allegations of corruption or human rights violations.
The withdrawal means that citizens can continue to seek information from the Public (Law and Order) Department under the RTI framework, subject to the normal exemptions and procedures provided by the law.
The reversal has brought the issue of transparency and access to government information back into focus. It also highlights the continuing debate over how governments can protect sensitive security information while maintaining public accountability and citizens’ right to information.