Skip to main content

RTI framework ‘nuked’? SHANTI Bill triggers alarm, grants centre sweeping secrecy powers

By Rajiv Shah 
Has the Government of India finally moved to completely change important provisions of the Right to Information (RTI) Act, that too without bringing about any amendment in the top transparency law? It would seem so, if one is to believe well known civil society leaders' keen observations on the nuclear energy Bill passed in the Lok Sabha
Senior RTI activist Amrita Johri has sharply criticised the recently passed Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, 2025, saying that it has effectively “nuked” the Right to Information (RTI) Act through the back door. 
In a social media post, Johri wrote: “The RTI Act just got NUKED through the SHANTI bill—RTI amendments through the back door! SHANTI Bill empowers central government to create new categories of information which will be exempt from disclosure under the RTI Act. This completely destroys the RTI framework. Huge blow to sunshine law! #saverti.”
The SHANTI Bill was passed by the Lok Sabha during the ongoing Winter Session of Parliament by a voice vote amid a walkout by opposition parties, despite concerns raised by several Members of Parliament about its far-reaching implications. The legislation marks a major overhaul of India’s nuclear energy framework by opening the civil nuclear sector to private participation for the first time, repealing parts of older Acts including the Atomic Energy Act of 1962 and the Civil Liability for Nuclear Damage Act of 2010 to encourage investment and technological collaboration in the sector. 
A core point of contention highlighted by Johri and other transparency advocates lies in the Bill’s provisions on information disclosure. Under Section 39 of the Bill, the Central Government is empowered to declare any information not in the public domain that it deems “detrimental to national security or public interest” as restricted information. This restricted category can include, among other things: the location, quality and quantity of prescribed substances and transactions; processing, production or extraction of fissile material; the design, siting, construction and operation of nuclear power plants or reactors; and research and technological work on related materials or processes. Once declared restricted, such information is explicitly debarred from disclosure under the RTI Act, even though the RTI would normally apply to public authority records. 
Specific language quoted from the Bill states that “No person shall disclose or obtain … any restricted information” and that the Central Government may, by notification, prohibit the publication in any form whatsoever of restricted information.” It further provides that “notwithstanding anything contained in the Right to Information Act, 2005, the information declared as restricted information … shall be debarred from disclosure under the provisions of that Act.” 
Opposition members and civil society critics argue that by granting such sweeping discretionary powers to the executive and creating entirely new exemptions that override the RTI Act without amending it directly, the SHANTI Bill undermines years of work establishing India’s transparency regime. Activists like Johri say this will severely limit the public’s ability to scrutinise government policy and operations in a sector that, while sensitive, also has profound safety, environmental and economic implications.
The government, for its part, has defended the provisions as essential for national security and public safety, asserting that the existing RTI framework already provides for exemptions on sensitive information and that greater clarity is needed in the context of nuclear energy governance.
As the Bill now moves to the Rajya Sabha for further consideration, the debate is expected to intensify over the balance between transparency and what the powers-that-be consider security concerns in one of the allegedly most strategically important but controversial sectors of India’s economy and infrastructure.

Comments

TRENDING

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’