RIGHT TO INFORMATION UNDER RTI ACT, 2005 , EMPOWERING CITIZENS OF THE COUNTRY"AS AN ACT TO PROVIDE FOR SETTING OUT THE PRACTICAL REGIME OF RIGHT TO INFORMATION FOR CITIZENS "
The right to information Act has overriding effect vis-a-vis other laws inasmuch as the provisions of the RTI Act would have effect notwithstanding anything inconsistent there with contained in the official secrets Act, 1923 , and any other law for the time being inforce or in any instrument having effect by virtue of any law other than the RTI Act. The official secret Act, 1923 is a colonial-era Indian Law that consolidates and amends laws related to official secrets, with the primary objective of preventing espionage and the unauthorised disclosure of classified information to protect national security. The Act applies to all the Indian citizens, government officials and even foreigners involved in espionage, criminalizing acts like sharing official codes or documents with adversaries. Violations can result in imprisonment, including up to 14 years for offenses related to national defense or strategic interests, along with fines. As such now the RTI act, 2005 has been introduced by the Government and the parliamentary democracy where in information exempted from disclosure under sub -section (1) of section 8and section 9 of the Act enumerate the categories of information which is exempt from disclosure. Sub -section (2) of section 8 , however provides that information exempted under sub -section (1) or exempted under the official secrets Act, 1923 can be disclosed , if the public interest in disclosure overweighs the harm to the protected interest. Further, sub -section (3) of section 8 provides that information exempt from disclosure under sub-section (1) , except as provided in Clause (a) , (c) and (I) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event, etc.:-- Er Fateh Chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number 9459334377
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