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Official Secrates Acts

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On the basis of my own experiences, I understood that under the prevailing Laws and respective service Rules no public servants are accountable before the law, because of lack of the appropriate law, which can make them accountable. Besides lack of balanced law for according sanction another most important reason for development of a culture of non-accountability is that whatever they are doing is protected under unbalanced Civil Service Rule that he might have “done under good faith” and thus entitled to protected by complete immunity. Bureaucracy is competent to use its skills to get advantage of such lack of accountability and lack of transparency in the governance. In considerations of such a situation, and using my experiences, I invented, innovated, evolved and made some important suggestions With Regards to amendment in the Official Secrets Act, and referred the same in Writ Petition (Civil) No. 151 of 1996 before Supreme Court of India. I must put on record my strong observations that Law under the title of “FREEDOM OF INFORMATION” Act enacted in 2002 provides no freedom to information, if you really wants to fight against corruption in the system, particularly against any big fish. Under the “FREEDOM OF INFORMATION” Act, first you have fight to obtain information, as the several barriers were devised to cause obstruction before making a information to public. To provide actual access to information other than information relating to security, public order and individual privacy must have been allowed without any objection, law of the Official Secretes Act should have been modified. In view of my own experiences from the system, I can say that enactment of such a law with such provisions, this is clear case of lack of political will of our leadership, rather such efforts has been made to shut the mouth of the people, particularly those were crying for long time demanding transparency in the system. Here, I am reproducing my suggestions from the aforesaid Writ Petition for kind considerations of the common citizen particularly those suffered due to non-transparency in the system and other luminaries.

CHAPTER – III

Suggestions With Regards to Official Secrets Act.

Suggestion (1) DEFINITION : (A) The all activities matters and affairs directly relating with the safety, security and integrity of the Country shall be constitutes as Category "S" (The "S" denotes to secrecy); (B) All other activities matters and affairs, which not covers under Category "S" of Central Government or State Governments or Governmental organisations; Corporations; bodies; public undertaking; public Limited Companies; shall be constitutes as Category "T" (The "T" denotes to Transparent)

Suggestion (2) Right of the Citizen to receive Certified Copy and /or information of any activities matters and affairs relating to Category "T"

Citizen of India have Right to get Certified copy of information, as the Case may be, with regards to activities, matters and affairs of Category "T" on payment of actual cost and fees of stamp as may be prescribed by the authority.

Suggestion (3) Right to Refuse to provide Certified Copy or information:-

Certified copy or information, if applied under suggestion (2) can be refused by the concerned authority describing such activities, matters and affairs under Category "S" which applicant described as Category "T".

Suggestion (4)Punishment: The misuse of the provisions provided under Suggestion (2) and (3) against national interests or to escape from and to protect some one from prosecution shall be construed as commitment of offence punishable under Indian Penal Code.

Suggestion (5) Punishment for Refusal: If any authority or person wrongfully refuse to provide Certified copy or information if, applied under Suggestion (2) and (3) as the case may be, shall be punishable for six months simple imprisonment and for subsequent refusal the imprisonment shall be doubles.

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