Tamil Nadu Chief Minister C Joseph Vijay Photo / TNIE
Tamil Nadu

Tamil Nadu revokes RTI exemption for Law and Order Department after backlash

On September 21, the Human Resources Management Department notified the Public (Law and Order) Department as an “Intelligence and Security Organisation” under Section 24(4) of the RTI Act.

Express News Service

CHENNAI: The Tamil Nadu government on Sunday revoked its order exempting the Public (Law and Order) Department from the purview of the Right to Information (RTI) Act, days after it drew criticism from activists and transparency advocates.

The Human Resources Management Department had issued a notification on September 21 under Section 24(4) of the RTI Act, classifying the Public (Law and Order) Department as an “Intelligence and Security Organisation” and exempting it from the Act.

The exemption had covered a department that deals with communal and caste clashes, preventive detentions, custodial deaths, police-related inquiries and commissions of inquiry into law and order issues.

The rollback follows criticism that the notification could restrict public access to information related to law and order and police accountability.

The department, which comes under Chief Minister C Joseph Vijay, also handles inquiry reports into police firing, police custody deaths, alleged police torture, deaths of remand prisoners, and requests to withdraw cases related to political, communal, caste and student agitations.

Before the notification was revoked, Electricity and Law Minister CTR Nirmal Kumar had said the exemption applied only to certain sections of the department and not to the department as a whole. He had said the issue would be brought to the Chief Minister's notice based on public opinion.

School Education and Information Minister Rajmohan had also said freedom of speech would not be affected by the order.

Activists, including Jayaram Venkatesan of Arappor Iyakkam and Henry Tiphagne of People's Watch, had opposed the move and urged the government to withdraw the notification.

Under Section 24(4) of the RTI Act, a state government can exempt an intelligence or security organisation established by it through a notification. However, the exemption does not apply to information related to allegations of corruption or human rights violations.

With the notification withdrawn, the Public (Law and Order) Department will continue to remain under the RTI Act.

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