Issues with Transparency

1. The Official Secrets Act in India is a colonial-era law that was originally enacted in 1923 to protect the state’s secrets and prevent espionage. However, there are several issues with the Act, including:

• Lack of transparency: The Act is often used to justify the withholding of information from the public, which undermines the principles of transparency and accountability in governance.
• Vagueness and overbreadth: The language of the Act is vague and overbroad, which allows the government to interpret it in a way that restricts access to information that is not necessarily related to national security.
• Misuse for political purposes: The Act has been misused by governments to suppress dissent and criticism by labeling information as “secret” or “confidential” even when it does not relate to national security.
• Criminalization of whistleblowers: The Act criminalizes the unauthorized disclosure of information, which makes it difficult for whistleblowers to come forward with evidence of wrongdoing without fear of prosecution.
• Lack of independent oversight: The Act is enforced by government agencies without any independent oversight, which raises concerns about abuse of power and lack of accountability.

2. Right to Information Act

• Delays: One of the main issues with the RTI Act is that there are often long delays in providing information. The Act requires that information be provided within 30 days, but in many cases, information is not provided even after several months or years.
• Exemptions: While the RTI Act mandates that information should be made available to citizens, there are several exemptions to this rule. The exemptions are often used by government officials to withhold information, even when it is in the public interest.
• Lack of awareness: There is still a lack of awareness about the RTI Act among citizens, especially in rural areas. This results in many people not knowing about their right to access information.
• Retaliation against RTI activists: Many RTI activists face retaliation from government officials for seeking information under the RTI Act. This includes harassment, physical assault, and even murder.
• Inadequate implementation: While the RTI Act has been successful in some parts of the country, there are many instances where it is not being implemented effectively. This is often due to a lack of political will, corruption, and inadequate resources.

3. The Whistleblower Protection Act, 2014 was enacted in India to protect whistleblowers who expose corruption and other wrongdoing by public officials and government agencies. However, the implementation of the act has been plagued with several issues, including:

• Lack of awareness: Many potential whistleblowers are not aware of the provisions of the
• Act or do not know how to make a complaint.
• Inadequate protection: The Act does not provide adequate protection to whistleblowers who face retaliation, including threats, intimidation, and even physical harm.
• Lack of infrastructure: The Act does not provide for a separate mechanism for receiving complaints, and the existing infrastructure is often not equipped to handle whistleblower complaints.
• No independent investigation: The Act does not provide for an independent investigation into the complaints made by whistleblowers. Instead, the investigation is often conducted by the same officials or agencies that the whistleblower has accused of wrongdoing, leading to conflicts of interest.
• No reward or compensation: The Act does not provide for any reward or compensation to the whistleblower, which discourages potential whistleblowers from coming forward.
• Delays in investigations: Investigations into whistleblower complaints often take years to complete, and the delay in the investigation process further discourages potential whistleblowers from coming forward.
• Retaliation: Whistleblowers who come forward often face retaliation, including termination of employment, demotion, or other forms of harassment. The Act does not provide for adequate protection to prevent such retaliation.

4. Other issues

• Top down approach in governance brings inefficiency
• Absence of proper monitoring and Performance Management Divisions
• Sealed envelopes leading to opacity