Govt of India "refuses" to make public laws, regulations that protect RAW agents abroad, rejects RTI plea

The Government of India has rejected a right to information (RTI) plea seeking information about “laws, rules and regulations” that explain the nature and the extent of legal protection provided to officers and employees of the Research and Analysis Wing (RAW), who are engaged in overseas intelligence operations.
In his RTI plea to the Cabinet secretariat in January 2016, senior Commonwealth Human Rights Initiative (CHRI) activist Venkatesh Nayak had also sought information regarding “procedures, norms, instructions or guidelines” that contain details of the action that must be taken by the Government of India to defend the officers and employees of RAW engaged in overseas intelligence operations.
He had also sought information the action that the Government of India is obliged to take upon receipt of information about the death of any officer or employee of RAW who was engaged in overseas intelligence operations, due to any adverse action taken against him/her by any agency in a foreign country.
Nayak says, by refusing the information, the Government of India is stating that, while it wants citizens to work for them to gather and analyse intelligence for maintaining the external security of the country, they will not tell people what mechanisms exist for ensuring their safety and security.
The RTI plea acquires importance against the backdrop of a recent report of arrest of a person of Indian origin by Pakistan's law enforcement agencies. While Pakistan summoned India's envoy to that country and issued a demarche about the alleged "interference” by India in its internal affairs in Balochistan through R&AW, the official spokesperson for the Ministry of External Affairs vehemently denied it.
However, the Ministry confirmed the apprehended individual is a retired Indian Navy officer and has sought consular access to him.
Pointing out that “there is no information in the public domain about what must be done, if, heavens forbid, an Indian intelligence operative were to be murdered abroad”, Nayak believes, “This is a concern that is very much valid even though it must not be taken as a comment on the latest incident of the apprehension of an Indian national in Pakistan.”
Two weeks after the RTI plea was filed, Cabinet Secretariat rejected the RTI application stating that all the information sought pertained to the organization is “exempt” from the purview of the RTI Act under Section 24. “Interestingly, the CPIO does not even mention the name, R&AW in his reply. So high is the level of secrecy”, comments Nayak.
Saying that the reply “is in tune with past attempts which frustrate all efforts to secure basic transparency in the working of exempt organizations”, Nayak says, in 2014 the Central Reserve Police Force (CRPF) replied to an RTI plea that the actions of left wing militants in blowing up a CRPF convoy resulting in the deaths of CRPF personnel in Bihar and Chhattisgarh during election duty “did not amount to human rights violation of the deceased”.
“I hope the same attitude is not adopted by the intelligence agencies in relation to their operatives who are posted abroad”, Nayak says, adding, “The citizens of India have the right to know what measures the Government is required to undertake by law to ensure the safe return of its external intelligence operatives even though they may not have been involved in the latest case as clarified by the Government.”
“R&AW is also not transparent about the manner in which it deals with RTI applications year after year”, Nayak says, adding, “The Central Information Commission's Annual Report for 2014-15 lists only one instance of rejection of an RTI application under Section 24 for the entire year.”
Noting that “it is highly unlikely that R&AW received only one RTI application during this period”, Nayak says, the Intelligence Bureau (IB) “received more than a thousand RTI applications in 2014-15. Of these 95.5% requests were rejected by invoking Section 24 of the RTI Act.” The IB is India's premier internal intelligence agency.

Comments

When Pakistanis whispered: ‘end military rule’ — A Moscow memoir

During the recent anti-terror operation inside Pakistan by the Government of India, called Operation Sindoor — a name some feminists consider patently patriarchal, even though it’s officially described as a tribute to the wives of the 26 husbands killed in the terrorist strike — I was reminded of my Moscow stint, which lasted for seven long years, from 1986 to 1993.

Ahmedabad's civic chaos: Drainage woes, waterlogging, and the illusion of Olympic dreams

In response to my blog on overflowing gutter lines at several spots in Ahmedabad's Vejalpur, a heavily populated area, a close acquaintance informed me that it's not just the middle-class housing societies that are affected by the nuisance. Preeti Das, who lives in a posh locality in what is fashionably called the SoBo area, tells me, "Things are worse in our society, Applewood."

Tracking a lost link: Soviet-era legacy of Gujarati translator Atul Sawani

The other day, I received a message from a well-known activist, Raju Dipti, who runs an NGO called Jeevan Teerth in Koba village, near Gujarat’s capital, Gandhinagar. He was seeking the contact information of Atul Sawani, a translator of Russian books—mainly political and economic—into Gujarati for Progress Publishers during the Soviet era. He wanted to collect and hand over scanned soft copies, or if possible, hard copies, of Soviet books translated into Gujarati to Arvind Gupta, who currently lives in Pune and is undertaking the herculean task of collecting and making public soft copies of Soviet books that are no longer available in the market, both in English and Indian languages.

RP Gupta a scapegoat to help Govt of India manage fallout of Adani case in US court?

RP Gupta, a retired 1987-batch IAS officer from the Gujarat cadre, has found himself at the center of a growing controversy. During my tenure as the Times of India correspondent in Gandhinagar (1997–2012), I often interacted with him. He struck me as a straightforward officer, though I never quite understood why he was never appointed to what are supposed to be top-tier departments like industries, energy and petrochemicals, finance, or revenue.

PharmEasy: The only online medical store which revises prices upwards after confirming the order

For senior citizens — especially those without a family support system — ordering medicines online can be a great relief. Shruti and I have been doing this for the last couple of years, and with considerable success. We upload a prescription, receive a verification call from a doctor, and within two or three days, the medicines are delivered to our doorstep.

Environmental report raises alarm: Sabarmati one of four rivers with nonylphenol contamination

A new report by Toxics Link , an Indian environmental research and advocacy organisation based in New Delhi, in collaboration with the Environmental Defense Fund , a global non-profit headquartered in New York, has raised the alarm that Sabarmati is one of five rivers across India found to contain unacceptable levels of nonylphenol (NP), a chemical linked to "exposure to carcinogenic outcomes, including prostate cancer in men and breast cancer in women."

Revisiting Gijubhai: Pioneer of child-centric education and the caste debate

It was Krishna Kumar, the well-known educationist, who I believe first introduced me to the name — Gijubhai Badheka (1885–1939). Hailing from Bhavnagar, known as the cultural capital of the Saurashtra region of Gujarat, Gijubhai, Kumar told me during my student days, made significant contributions to the field of pedagogy — something that hasn't received much attention from India's education mandarins. At that time, Kumar was my tutorial teacher at Kirorimal College, Delhi University.

A conman, a demolition man: How 'prominent' scribes are defending Pritish Nandy

How to defend Pritish Nandy? That’s the big question some of his so-called fans seem to ponder, especially amidst sharp criticism of his alleged insensitivity during his journalistic career. One such incident involved the theft and publication of the birth certificate of Masaba Gupta, daughter of actor Neena Gupta, in the Illustrated Weekly of India, which Nandy was editing at the time. He reportedly did this to uncover the identity of Masaba’s father.

Powering pollution, heating homes: Why are Delhi residents opposing incineration-based waste management

While going through the 50-odd-page report Burning Waste, Warming Cities? Waste-to-Energy (WTE) Incineration and Urban Heat in Delhi , authored by Chythenyen Devika Kulasekaran of the well-known advocacy group Centre for Financial Accountability, I came across a reference to Sukhdev Vihar — a place where I lived for almost a decade before moving to Moscow in 1986 as the foreign correspondent of the daily Patriot and weekly Link .

Search This Blog