BSF takes ‘security’ cover, refuses to reply to RTI query

Security agencies, which are averse to sharing details of their officials indulging in corruption or violating human rights, are denying information sought under the Right to Information or RTI. They are contending that they are exempt from such obligation by virtue of being a part of the security apparatus.

However, it is noteworthy to mention that the protection provided by the RTI act to the security agencies does not cover incidents of corruption and allegations of corruption.

The Border Security Force (BSF) refused to respond to RTI queries filed by the Sunday Guardian citing section 24 of the RTI that says the act does not apply to certain organisations that are related to intelligence and security organisations established by the Central Government. The newspaper had sought the details of BSF officials (including officers and soldiers) who have been removed (dismissed) from their services in the last three years, the ground of their removal, the details of incidents of human rights violations that the officials and jawans of BSF have been found to be involved in, in the last three years, and the nature of action that has been taken, if any, against such officials and jawans.

The BSF in its reply, which was signed by its Central Public Information Officer (CPIO) Ajai Singh, stated that since “the organization has been given exemption from provision of the RTI act, except allegations of corruption and human rights violations, in view of this above we express our inability to furnish required information”.

Notwithstanding the fact that the Sunday Guardian’s queries specifically focused on human rights violation, the BSF evaded answering them, seeking protection under section 24 of the RTI Act.

According to RTI experts, Section 24 is repeatedly used by government organisations to thwart attempts to gather information related to even mundane affairs of their functioning. “Section 24 of the Act is killing the very spirit of the RTI Act. Despite the RTI queries clearly mentioning that the information sought is related to corruption and violation of human rights, agencies are very frequently using Section 24 to stop the information from coming out in public domain. The lawmakers should look into this as this is weakening the whole idea of having a transparency law in the first place,” said an RTI activist who works with an organisation that espouses transparency in government functioning.