Skip to main content

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

By Our Representative
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

TRENDING

'Draconian' Kerala health law follows WHO diktat: Govt readies to take harsh measures

By Dr Maya Valecha*  The Governor of Kerala has signed the Kerala Public Health Bill, which essentially reverses the people’s campaign in healthcare services in Kerala for decentralisation. The campaign had led to relinquishing of state powers in 1996, resulting in improvement of health parameters in Kerala. Instead, now, enforcement of law through the exercise of power, fines, etc., and the implementation of protocol during the pandemic, are considered of prime importance.

Reject WHO's 'draconian' amendments on pandemic: Citizens to Union Health Minister

By Our Representative  Several concerned Indian citizens have written to the Union Health Minister to reject amendments to the International Health Regulations (IHR) of the World Health Organization (WHO) adopted during the 75th World Health Assembly (WHA75) in May 2022, apprehending this will make the signatories surrender their autonomy to the “unelected, unaccountable and the whimsical WHO in case of any future ‘pandemics’.”

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Savarkar in Ahmedabad 'declared' two-nation theory in 1937, Jinnah followed 3 years later

By Our Representative One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Bihar rural women entrepreneurs witness 50% surge in awareness about renewal energy

By Mignonne Dsouza*  An endline survey conducted under the Bolega Bihar initiative revealed a significant increase in awareness of renewable energy among women, rising from 25% to 76% in Nalanda and Gaya. Renu Kumari, a 34-year-old entrepreneur from Nalanda, Bihar, operates a village eatery that serves as the primary source of income for her family, including her husband and five children. However, a significant portion of her profits was being directed toward covering monthly electricity expenses that usually reach Rs 2,000. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Work with Rajasthan's camel herders: German scientist wins World Cookbook Award 2023

By Rosamma Thomas*  Gourmand World Cookbook Awards are the only awards for international food culture. This year, German scientist  Ilse Kohler Rollefson , founder of Camel Charisma, the first of India’s camel dairies, in Pali district of Rajasthan, won the award for her work with camel herders in Rajasthan, and for preparing for the UN International Year of Camelids, 2024. 

'Very low rung in quality ladder': Critique of ICMR study on 'sudden deaths' post-2021

By Bhaskaran Raman*  Since about mid-2021, a new phenomenon of extreme concern has been observed throughout the world, including India : unexplained sudden deaths of seemingly healthy and active people, especially youngsters. In the recently concluded Navratri garba celebrations, an unprecedented number of young persons succumbed to heart attack deaths. After a long delay, ICMR (Indian Council for Medical Research) has finally has published a case-control study on sudden deaths among Indians of age 18-45.

Why is electricity tariff going up in India? Who is the beneficiary? A random reflection

By Thomas Franco*  Union Ministry of Power has used its power under Section 11 of the Electricity Act, 2003 to force States to import coal which has led to an increase in the cost of electricity production and every consumer is paying a higher tariff. In India, almost everybody from farmers to MSMEs are consumers of electricity.

Union Health Ministry, FSSAI 'fail to respond' to NHRC directive on packaged food

By Our Representative  The National Human Rights Commission (NHRC) has expressed deep concern over the adverse health effects caused by packaged foods high in salt, sugar, and saturated fats. Recognizing it as a violation of the Right to Life and Right to Health of Indian citizens, the quasi-judicial body called for a response from the Food Safety and Standards Authority of India (FSSAI) regarding its selection of front-of-pack labels aimed at providing consumers with information to make healthier choices.