The Moynihan Commission quoted from Max Weber’s Essays in Sociology. “Every bureaucracy seeks to increase the superiority of the professionally informed by keeping their knowledge and intentions secret... Bureaucracy naturally welcomes a poorly informed and hence a powerless parliament — at least in so far as ignorance somehow agrees with the bureaucracy’s interests.” Had the Moynihan Commission been British, it might also have quoted Sir Humphrey Appleby from Yes Prime Minister. “The Official Secrets Act is not there to protect secrets. It’s there to protect officials.” Information is power, don’t part with information. And if you part with information, you may become accountable and reveal how stupid you have been. How does one reconcile our Official Secrets Act (OSA) of 1923 with initiatives like right to information and citizens’ charters? We do have colonial legacies in our laws, and some of them are anachronistic because they were meant to suppress ignorant natives. While the OSA is anachronistic, it is not quite colonial in that sense. There is a triple problem with the OSA.
First, it is ostensibly against spying and that apparently gives it some legitimacy. Second, it reflects a 1923 mindset and doesn’t recognise advances in technology. For instance, it prevents the taking of photographs at airports (even civilian ones), a provision that no sensible country anywhere in the world has any more. If one intended to use such pictures for anti-national purposes, more efficient ways of accessing such photographs are possible. Third, the OSA doesn’t define what a secret is. So V.K. Singh is absolutely right when he says, “Even a circular for a tea party in RAW is secret. Your TA claim and cheque slip is secret. You take them out and you will be hauled up for it.” Indeed, it gets more bizarre. If something is in the public domain, it can continue to be a secret. No wonder that in the 1986 Ram Swaroop case, the court said, “Secret information is an information which may not be secret but relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of State or friendly relation with foreign State or useful to an enemy.” Even if the secret is not a secret and is known, it can be held to be a secret under the OSA if it ‘adversely affects’ India’s security interests. This sounds like stuff straight out of Alice in Wonderland. A word can mean what I choose it to mean.
... contd.
