Reveal concession agreement under public-private property project under GoI, rules Central RTI watchdog

By A Representative
In an important move, the central information commissioner (CIC), the right to information (RTI) watchdog on the Government of India (GoI) and its agencies, has ordered, in a ruling, that concession agreement for a public-private partnership (PPP) project should be disclosed after “severing those portions relating to commercial confidentiality”.
While the order relates to an RTI query by senior activist Venkatesh Nayak of the Commonwealth Human Rights Organization (CHRI) seeking information from the Department of Ports, GoI, regarding Puducherry Port’s PPP project, this marks a break from the past when RTI pleas on PPP projects were set aside citing "violation" of business confidentiality.
It is not just GoI ministries and departments which would refuse information on concession agreement. The Gujarat government's industries department, too, has acted similarly saying this would "hit private interests." Several RTI pleas seeking agreement with Tatas on the prestigious Nano project have been rejected citing confidentiality "violation". The Nano agreement with the Gujarat government is said to have meant concession to the tune of Rs 20,000 crore to the Tatas.
Nayak made an application seeking information on Puducherry Port as a “test case” after he accessed a letter the CIC had sent to the now defunct Planning Commission in January 2011, which said, “every PPP proposal be made public inviting people's comments”, all PPP agreements, including on special purpose vehicle created for the purpose of implementing PPP project should be treated as “public authority under the RTI Act”; and the Ministry/public authority responsible for PPP project should be “directly responsible” for making permissible information transparent under the RTI.
The Planning Commission, in its reply said, while it would seek “legal opinion”, but it would "allow" applicants to obtain concession agreements, maintenance manuals, maintenance programmes and maintenance requirements from the concessionaire.
Based on this correspondence, Nayak decided to seek PPP agreement of the Puducherry Port under RTI. While the first appellate authority rejected his request on the ground that the concession agreement contained confidentiality clause, the CIC, two years later, in May 2014, following the hearing on RTI plea, asked the department of ports to file a status report on the PPP project.
“During the hearing it transpired that the PPP had been shelved after prolonged litigation before courts. Yet, the department of ports pleaded commercial confidentiality against disclosure”, Nayak says, adding, however, he Nayak insisted that the information be released in “public interest”.
Finally, this led the CIC, a year later, in June 2015, to issue the order directing the department of ports to “disclose the concession agreement after severing the information related to commercial confidence.”
Interestingly, despite the ruling, Nayak has not yet received a hard copy of the CIC order. While the information has been put on the website, the activist says, “Strangely, the department of ports has also not responded to me either with the information required to be disclosed or its intention to challenge the CIC's order before the courts.”
Meanwhile, Nayak says, the Niti Ayog has replaced the Planning Commission, and he is still waiting “for the PPP agreement to reach me from across the Vindhyas”. He wonders, if the current review of the infrastructure projects will also lead to “greater transparency in all PPP projects.”

Comments

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor* A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas* Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat* In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman* The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Search This Blog