India‘s Landmark Right too information Act Faces New Challenges as Amendment Sparks Outcry
New Delhi – A recent amendment to india’s Right to Information (RTI) Act is drawing sharp criticism from opposition leaders and transparency advocates, who fear it will substantially curtail citizens’ access to government data.120 opposition leaders have jointly urged the repeal of the amendment, arguing it undermines the foundational principles of the 2005 law frequently enough hailed as a “sunshine law” for its promotion of governmental transparency.
The amendment, enacted by the Modi government, has ignited a debate over the balance between privacy rights and the public’s right to no. While officials maintain the changes are intended to strengthen privacy protections, critics contend the law will be used to shield crucial information from public scrutiny.
Union Minister Vaishnaw defended the amendment, stating, “Personal details that are subject to public disclosure under various laws will continue to be disclosed.” He further clarified that the law does not restrict the disclosure of personal information but rather aims to bolster privacy rights.
However, transparency advocate Gupta argues the RTI Act is the primary legal mechanism for such disclosures, and the amendment will inevitably impact other laws reliant on it. “We have to resist,” Gupta stated, warning that “investigative journalism, public interest legal cases and civic activism – pillars of a vibrant democracy – risk being undermined by the new law.” He is currently fighting a case in the Supreme Court challenging the government’s move.
The controversy unfolds against a backdrop of evolving perspectives on data privacy in India. A 2012 committee led by Justice Shah cautioned against prioritizing data protection over access rights under the RTI Act. This tension was further highlighted during the Supreme Court’s consideration of the Aadhar system – India’s biometric-based identification program. While the government’s counsel initially argued Indians did not possess a fundamental right to privacy, the Supreme Court ultimately ruled in 2017 that privacy is a fundamental right under the Indian Constitution.
RTI activist Amrita Johri alleges the government is now leveraging the privacy argument to selectively withhold information. “They are using the right to privacy,” she says, “to suit thier case.”
Concerns extend beyond personal data. Experts like Bharadwaj fear the amendment will lead to the removal of detailed public information already available online, such as granular data on minimum wages under government programs. “When this law becomes operational, all public officials will ensure their information disclosure is aligned with the new law, so detailed public information available on the internet today is very likely to be pulled down,” Bharadwaj warned.
The debate underscores the ongoing struggle to define the scope of transparency and privacy in India’s digital age, and the potential consequences for a law that has been instrumental in holding the government accountable.
