Tuesday, November 25, 2025

Automatic train protection system Kavach commissioned on 654 km of routes till Sep 2025: RTI

ET Infra: National: Tuesday, 25 November 2025.
The ministry also said the Kavach system has been installed at 155 railway stations and 2,892 locomotives.
The latest version of the automatic train protection system, Kavach 4.0, has been installed and commissioned on 654 km of rail track by September 2025, the Railway Ministry said in an RTI response.
The ministry also said the Kavach system has been installed at 155 railway stations and 2,892 locomotives.
Railway ministry officials said that extensive work is happening in all 18 railway zones across the country, and very soon, more sections will start being commissioned.
Kavach helps loco pilots operate trains within specified speed limits by automatically applying brakes if they fail to do so.
It is an indigenously designed, developed, and manufactured system whose first field trials on passenger trains began in February 2016 and was adopted as the national Automatic Train Protection (ATP) system in July 2020.
Responding to a Right to Information Act (RTI) query, the Railway Ministry gave details of the specified routes.
The 324 route km Kota-Mathura section was commissioned on July 30, 2025, and subsequently the contiguous 225 route km Kota-Nagda section was commissioned on October 7, 2025.
In rail terms, "route km" refers to the distance of a transportation route, irrespective of the number of tracks.
"With this, the entire Mathura-Nagda (549 route km) section has been provided with Kavach 4.0," the ministry said.
"In addition, Kavach 4.0 has also been commissioned on the Howrah-Bardhaman section of Eastem Railway covering 105 route km on 12.09.2025," it added.
Chandra Shekhar Gaur, the RTI applicant, also sought information regarding the number of stations and locomotives where Kavach has been installed till September 2025.
Kavach is a complex system having multiple components, such as loco kavach, station kavach, telecom Towers, RFID tags throughout the track length, among many others.
"As on 31.10.25, a total of 2,892 numbers of locomotives have been equipped with the Kavach System," the ministry said.
It added that 77 stations between Mathura-Kota, 53 between Kota-Nagda in West Central Railways (WCR) and 26 stations between Howrah-Barddhaman in Eastern Railways have been equipped with station Kavach, totalling 155 stations up to September this year.
The ministry has also revealed the year-wise expenditure on Kavach since 2020. It spent ₹66.04 crore in 2020-2021, ₹98.42 crore in 2021-22, ₹156.26 crore in 2022-23, ₹669.76 crore in 2023-24 and ₹926.37 crore in 2024-25.
In the current financial year, the total expenditure incurred on Kavach installation up to September 2025 is ₹351.49 crore, which amounts to ₹2,268.34 crore in six and a half years, the ministry said.
Gaur questioned the slow pace of Kavach installation. "The Railway Ministry claimed that the entire rail network of about 1,13,000 km will be brought under Kavach in another six years but seeing the current rate of installation, it looks impossible."
"There are over 15,000 locomotives and 7,000 railway stations where the equipment needs to be installed," he added.
Officials said that with the arrival of new companies, the installation work has accelerated.
"It is a complex technology. Initially, the Kavach 3.2 was installed on 1,465 km for the trial process in South Central Railway. Kavach 4.0 version was approved on July 16, 2024, and since then its deployment is going on a war footing," a railway official said.
He added, "Initially, only three companies were allowed to install Kavach, but today more than half a dozen companies are doing it, and more than 15 are in the approval process. So, the installation work is going to accelerate manyfold in the coming few months."

India’s New Data Protection Rules Put State Above Privacy, Imperil Democracy & Investigative Journalism : Akhil Yadav

Article 14: Ahmedabad: Tuesday, 25 November 2025.
India’s new data protection rules issued eight years after the Supreme Court declared privacy a fundamental right create a system that puts State authority first and privacy later. They allow officials to quietly demand personal data without judicial oversight, while forcing companies to keep citizens in the dark. They endanger investigative journalism, curb the right to information, and place whistleblowers, sources, and democratic accountability at risk.
India’s new data protection rules place the State above citizens, weaken hard-won transparency rights and safeguards for journalists and others probing the government and make investigative journalism almost impossible.
On 14 November 2025, the government cleared the Digital Personal Data Protection (DPDP) Rules—which clarify a new data protection law issued in 2023—creating a new digital regime that hobbles the very rights meant to protect citizens, to the State’s advantage.
Meant to safeguard personal digital information, the new rules come eight years after the Supreme Court declared privacy to be a fundamental right. But while they provide immediate powers to the government, they postpone citizens’ rights by 18 months.
The real substance of privacy—clear consent, the ability to take back permission, the right to correct or delete your data, and enforceable timelines for grievances—will not come into effect until mid-2027.
“[The rules] delay the implementation of practically all key protections to 2027, while implementing the dilution of the (right to information) RTI Act immediately; public information officers are now authorised to decline any personal information except what is already required to be published by other laws—an all-too-thin slice of the pie for citizens seeking accountability,” said an editorial in The Hindu on 17 November 2025.
Experts have pointed out (here and here) that there is no independence evident in the institutions that are meant to ensure accountability. A supposedly independent data protection board, for instance, will function under the union ministry of electronics and information technology.
In other words, the government, which solicits business from the world’s big tech companies and seeks access to their data, will supervise the institution meant to protect Indians from any violations of privacy.
“For all practical purposes, [the DPDP rules] do not offer any real remedy… the rules will only be a nominal checkbox,” Apar Gupta, co-founder of the Internet Freedom Foundation (IFF), a think tank, had said in January. That is what has happened.
The new law provides the State with overwhelming power and few corresponding responsibilities, according to a reading of the rules.
Consider Rule 23.
A Carte Blanche For The State
Rule 23 allows the union government to demand any information from digital platforms, such as Google, Whatsapp, YouTube and Meta, and prohibits them from informing those whose information the State demands.
The rule does not require prior judicial authorisation, transparent reporting, or independent review. It permits authorities to acquire call logs, identity records, or location metadata without leaving any visible trace.
The proportionality standard laid down in the landmark 2017 Puttaswamy judgement, which requires legality, necessity, using the least intrusive option and strong safeguards, remains unaddressed.
Rule 23 builds a zone of unaccountable State access within which scrutiny becomes impossible.
The consequences will be immediate.
Investigative journalists working on corruption or illegal surveillance have no way to know if the government has silently requisitioned their metadata.
Metadata refers to data about data, which can reveal patterns about a person’s life—relationships, movements, habits—even without accessing the actual content. That includes emails, call records, photos, documents and browsing history.
Similarly, citizens using the 20-year-old right-to-information law to ask questions of the government, document corruption and other malfeasance run the same risk.
Power Imbalances Deepen
Until 2027, when the rules for users take effect, a person who finds data inaccurate, misused, or retained beyond necessity has no enforceable right to demand correction or deletion.
The introduction of consent managers—intermediaries that centralise how individuals give, track, or withdraw consent—creates further risks, as these gatekeepers could consolidate control over privacy choices and influence how users navigate consent itself.
Marketed as tools of empowerment, the consent-manager structure threatens to create new concentrations of control. If a very few large companies dominate consent management, they could shape how privacy choices are presented—for instance, making it easier to agree than to refuse, effectively nudging users toward decisions that benefit commercial interests rather than their own.
The Rules also place a heavy onus on Aadhaar or DigiLocker-based verification for children's data and the data of persons with disabilities.
Such identity-linked verification extends the exchange of sensitive information between private platforms and government databases, raises the possibility of exclusion, creates unnecessary linkages and amplifies the longstanding concerns around biometric dependence.
India's experience (here, here and here) with Aadhar-based authentication, centralised biometric databases, and large-scale identity-linked welfare systems repeatedly demonstrates that centralised identity systems create vulnerabilities, not resilience.
The Rules appear to ignore this lesson.
Crippling Journalism & Transparency
The most serious consequence of India’s new digital regime, according to experts and industry bodies (here, here and here), is the way it deals with journalism and public-interest transparency.
Once the Rules kick in, journalists may be unable to protect sources or access information essential for reporting.
Under most modern data-protection laws (including the EU’s General Data Protection Regulation), a “journalistic exemption” protects the press from strict data-processing rules when reporting in the public interest.
A journalistic exemption usually allows journalists to: collect, store, and publish personal data without needing consent; avoid certain obligations, such as giving notice to the data subject, retain data used for reporting, and protect confidential sources.
Under India’s DPDP rules journalists—and documentary filmmakers and independent content creators—are treated like any other data processor or collector. This means they may be required to seek consent from the very people they are investigating.
Journalists often rely on confidential documents, whistleblowers, victims, or officials who speak only on the condition of anonymity. Requiring “permission” in these situations is not just unrealistic; it fundamentally misunderstands how accountability reporting works.
It also gives the State an easy route to question, delay or intimidate journalists through opaque data-access demands. As the Editors Guild of India warned in a statement on the DPDP Rules, removing clear safeguards for journalistic work “creates a chilling environment for reporters and weakens the public’s right to know.”
There is no explicit protection for handling leaked documents, confidential data, or source-provided information, and publishing certain personal data—even if crucial to a public-interest story—could technically violate the law.
Press bodies, digital-rights groups, RTI campaigners and legal experts submitted detailed objections to the draft rules, focusing on journalism, source protection and the weakening of the RTI Act.
The government appears to have accepted none of these.
‘Indirect Censorship’
“By excluding journalists from any statutory exemption and granting the State broad access and enforcement powers, the Rules open the door to indirect censorship, a chilling effect on free expression, and disproportionate surveillance of legitimate newsgathering activities,” said a statement issued on 18 November by DIGIPUB News India Foundation, a body of more than 100 independent digital news media.
A statement from DIGIPUB News India Foundation, a body of more than 100 independent news organisations
“The absence of any journalistic exemption, coupled with wide-ranging powers granted to the government to obtain personal data, poses a direct threat to press freedom and weakens the institutional safeguards necessary for public-interest reporting,” the Editors Guild of India said.
“DPDP rules introduce breach notifications, correction and erasure rights, but govt exemptions, loopholes, weak oversight threaten user privacy,” said Nikhil Pahwa, founder of MediaNama, a media website.
Earlier versions of India’s data-protection proposals—the 2018 Srikrishna Committee draft bill and the 2019 Personal Data Protection Bill—explicitly included an exemption for journalistic purposes, similar to the GDPR model.
The DIGIPUB statement said despite consultations with the electronics and information technology ministry, it “neither responded to these questions nor addressed any of the concerns raised by journalists and digital media organisations”.
“This reflects a serious departure from the democratic consultative process expected in delegated legislation and demonstrates disregard for press freedom,” said the statement.
The erosion of third-party transparency—one of the few ways journalists can detect surveillance—makes it all but impossible to assess whether State power is being misused.
Muzzling Citizens
The DPDP Act and Rules primarily dilute the RTI Act by amending section 8(1)(j), which had an override for disclosure in the public interest, so that citizens could expose corruption, misuse of power, or irregularities in a public authority or institution.
The removal now empowers authorities to deny information by merely labeling it “personal data” when the public interest clearly requires that it be released. The weakening of RTI and the increased risk for journalistic sources combine to choke the public's access to the truth.
Anjali Bhardwaj, a veteran RTI activist, warned that “the amendment imposes a blanket exemption on personal data… undermines transparency, weakens the public’s ability to hold authorities accountable, and restricts access to critical government records”.
In July, Justice (retd) A P Shah, former chief justice of the Delhi High Court and former chairman of the Law Commission of India, in a letter to the advocate general of India, had urged the repeal of the changes to section 8(1)(j).
“These changes represent a seismic shift in India’s transparency framework for the worse, threatening to dismantle RTI Act’s core purpose of democratic accountability and citizen empowerment,” wrote Justice Shah.
RTI advocates warned that the new framework will restrict access to information. Bhardwaj said the changes “undermine the public’s right to know” by replacing the RTI Act’s public-interest test with a far narrower standard.
Shah also warned that the removal of a proviso to section 8(1) of the RTI Act—which mandated that information not deniable to Parliament or a State Legislature would not be denied to any person—was “alarming for democracy”.
“These amendments are manifestly ill-thought-out, raising critical legal issues that are ripe for constitutional challenge,” wrote Justice Shah.
The DPDP Rules strike directly at Article 19(1)(a)—the right to free expression, which includes the right to gather information safely, communicate with sources without fear and publish freely.
The Rules do indeed have a grievance procedure, but there is a striking lack of independence in the regulator, a data protection board.
A Regulator Beholden To Govt
The Data Protection Board, which is supposed to act as the main oversight body under the new law, is not independent, as many experts have pointed out (here, here and here).
The government controls who is appointed, how long they serve, and can influence their removal. So, the Board depends on the very authority it is expected to supervise.
Gupta of the IFF said that the data protection board—it will have a chairperson and three members—“is not an independent authority for adjudication because it does not have any autonomy and is appointed, selected, and its tenure and service conditions are determined by the central government”.
In 2018, the Justice Srikrishna Committee, set up by the union government to create a draft law, had recommended that in order to ensure independence, the selection committee should also include the Chief Justice of India or her nominee.
That never happened.
The Regulation Of Regulators
When a regulator relies on the executive for its functioning, it becomes harder for it to question government departments that hold the most extensive access powers.
Examples of receding independence of regulators include the Election Commission of India, the Central Bureau of Investigation, the Central Information Commission, the Telecom Regulatory Authority of India and the National Human Rights Commission of India.
In most of these cases, government departments—usually the biggest violators—now escape serious scrutiny. This is the structural risk critics point out with the data protection board, especially since the government is itself the largest data collector with the broadest access and exemption powers.
The Rules deepen this problem by offering very few safeguards around government access to people’s data. There is no requirement for an independent authority to approve access requests, no proportionality check, no routine public reporting of how often data is sought, and no limit on how long secrecy orders may last.
Much of the problems in the Rules stem from widespread ambiguity, experts have said, apparently a deliberate feature of a law that does not engage meaningfully with the concept of privacy and lacks a clear foundation.
The vagueness in the rules flows from the parent act of 2023, allowing the government many exemptions that benefit itself.
“Now, the problem with a vague law is that its enforcement is uncertain,” Gupta of the IFF had said. “The protection it provides people and the exemptions it provides businesses—both are up to the government’s discretion without any foundational principle attached to it.”
(Akhil Yadav is a millennium fellow and law student at Gujarat National Law University, Gandhinagar.)

Monday, November 24, 2025

The Third Eye: Strategic significance of transparency

 IANS: New Delhi: Monday, 24 November 2025.
A democratic order is the best form of governance because it promotes transparency, that makes it possible to fix accountability. Accountability is necessary to run a corruption-free system that was primarily dependent on right decisions and transparency helped the scrutiny of the decision-making process.
Execution of a decision can be marred by inefficiency, neglect or corruption and here also, transparency of the processes, including adherence to timelines and rules, could prove to be of great importance. Further, performance at any level involved effective supervision- the role of supervisors often goes unscrutinised- and transparency was required to make it possible to examine this aspect of the organisational functioning too. Anti-corruption bodies themselves fail to produce deterrence if their performance was not subjected to scrutiny from outside.
An independent high-powered watch body outside of the political executive was necessitated because of the growing perception that there was a political-bureaucratic nexus as brought out by the Vohra Committee report way back in 1993. The reports of the numerous Administrative Reforms Commissions(ARCs) on delegation of decision- making, restricting the number of levels through which a file would pass for reaching the final decision and creation of inter-disciplinary teams to address cross-cutting issues in a transparent way, had not been implemented. It goes to the credit of Modi regime that inter- ministerial coordination had vastly improved and preceded the placing of any matter before the cabinet according to a timeline.
There is an inherent contradiction between confidentiality and transparency and the former has to be practised within rules that gave it legitimacy. The RTI Act 2005 deals with this matter and strikes a balance between transparency and confidentiality- for the sake of the nation, the society and the individual. There is a provision in the Act saying that notwithstanding anything in the Official Secrets Act or any of the exemptions permissible in RTI Act, a public authority may allow access to information if ‘public interest in disclosure outweighs the harm to the protected interests’.
The 1967 exemptions from disclosures granted by OSA stand in the RTI Act as well since they related to matters pertaining to ‘sovereignty and integrity of India’, security of the State or friendly relations with other countries. Maintenance of secrecy of information requires ‘Security Classification’ which in turn defines the ‘Restrictive Security’ or the ‘Need to Know’ parameters for accessing it. It may be mentioned that a job that called for handling of secret information, required a certain amount of mental strength and it did not belong to people who were credulous, who lacked self-discipline or who did not have the ability to distinguish between an authoritative opinion and gossip. All of this highlights the strategic significance of transparency in the context of the governance of a democratic state.
This is the era of proxy wars and one way of damaging a target country without recourse to an ‘open’ warfare, is to attack its economic strength and assets. Warren Christopher, Bill Clinton’s Secretary of State famously said in 1993 that ‘ National security was inseparable from economic security’. Pak ISI chose Mumbai for 26/11 attack for it is the economic capital of India. It follows, therefore, that any enterprise that gave economic strength to the country must have a set up of professionally trained people to safeguard its security and handle what is termed as ‘insider threat management’.
The latter is what brings together the functions of Vigilance and Security because a corrupt employee can fall for the enemy’s designs more easily. Both these functions are now to be integrated with the mainline management because the source of ‘insider threat’ may be hibernating in any part of the enterprise making it incumbent on Vigilance and Security to have a thorough knowledge of how the organisation was run and how were its operations conducted. This validates the principle that Security and Vigilance must derive their authority from the person at the top. These functions depend for their success on the ability and outreach of the handlers who were required to convince the senior supervisors of the mainstream that the latter had to act as the ‘eyes and ears’ for the former in various segments of the enterprise.
The work of Vigilance and Security begins with a look out for members who seemed to be ‘vulnerable’ to the adversary’s influence. Vulnerability is universally ascribed to ‘notable addiction’, ‘greed’ and ‘disgruntlement’. Security and vigilance staff trained in Intelligence trade craft like surveillance and secret enquiries, can check out on such individuals and also counsel them against their ‘weakness’ in suitable cases.
The increasing importance of these functions is reflected in the new areas where the security executives may be asked to extend their helping hand. Back ground checks, re-verification of antecedents of those who handled ‘sensitive’ work and even ‘due diligence’ tasks may come to them. They may be required to help in the interviews for recruitment, formulation of the organisation’s Do’s and Dont’s and building up of the information security system of the enterprise.
They would give special attention to this last mentioned work in view of the fact that a subverted insider was likely to make an unauthorised communication with an entity outside. Above all, vigilance and security set up should perform the role of a mentor by organising formal or informal programs to promote the organisational culture of ethics, loyalty and honesty of purpose that should drive the execution of tasks assigned to members of the organisation.
Transparency in governance has emerged as a new challenge facing the people because of the tendency of the political rulers to hide their shortcomings and their reluctance to punish corrupt insiders on one hand and the social media campaign of the opposition to pull down the regime through an ‘influence war’, on the other.
The universal adult franchise of India is an ideal for democracy but the prevalence of caste, creed and regional divides in the backdrop of poverty and limited education encouraged recourse to undemocratic means by all parties, for winning an election. Indian electorate has proved its democratic credentials and retained its trust in nationalism and peace even in a situation of personal economic problems facing them.
India has to specially rely on its youth and its women power for judging the rulers on merit. The foreign and domestic policies of the Modi government based on mutually beneficial bilateral relations without India getting aligned with any world power, promotion of infrastructure for the benefit of all Indians as well as encouragement of digital connectivity for economic empowerment of youth, are the hallmarks of this regime and they have served the democratic state well. A conscientious judiciary, a strong social media and a constructive opposition are symbols of a transparent and viable democracy and citizens of India can derive satisfaction from the fact that they were all in place, in India.
(By D. C. Pathak, The writer is a former Director Intelligence Bureau)

Right to Information Commission complains of lack of resources and misleading news reports

The Island.lk: Sri Lanka: Monday, 24 November 2025.
The Right to Information Commission (RTIC), in a public statement issued last week in connection with it 10th anniversary that is approaching, said that despite all its achievements and high global ranking it is burdened with chronic under-staffing and said requests for legal staff and other essential cadre has been ignored.
It has also complained that statutory safeguards regarding funding and recruitment has suffered a similar fate. The following is the text of the statement issued by Mr. KDS Ruwan Chandra, the Director General of the RTIC “for and behalf of the RTIC”: “Sri Lanka is nearing the 19-year anniversary (2026) of enactment of the Right to Information Act, No 12 of 2016 (RTI Act), globally ranked among the best in the world which has enabled thousands of Sri Lankans to exercise their right to obtain information from state and non-state bodies.
“The vigorous use of the RTI Act by the public with principles of public transparency emphasized by the Right to Information Commission of Sri Lanka (RTIC) has been affirmed by the appellate Courts.
“In 2020, UNESCO’s global report presented to the UN-GA’s High Level Political Forum on Sustainable Development ( ‘From Promise to Practice…’) singled out Sri Lanka as a ‘best practice’ model, illustrating the release of information in key cases before the RTIC. Among others, the World Bank has called upon the Government of Sri Lanka to ensure the ‘primacy of transparency’ and the International Monetary Fund (IMF) has acknowledged the measures taken by the RTIC to foster ‘an (embryonic) culture of transparency among public authorities’ (Governance Diagnostic Report, September 2023).
“Despite these progressive developments, the RTIC expresses serious concern regarding the chronic under-staffing of its Office. The RTI Act divides responsibilities on two entities, the RTIC with the primary responsibility of hearing appeals and the nodal agency, namely the Ministry assigned the subject of mass media which must ‘ensure the effective implementation of the Act,’(Section 2).
“Under Section 41, the nodal agency issues RTI Regulations which must be placed before Parliament for approval. In contrast, Section 42 states that the Commission’s Rules on Fees and Appeals Procedure, published in the same gazette (ie; Gazette Extraordinary No 2004/66), are not legally required to be placed for parliamentary approval. Two different procedures apply in each instance.
“Under Section 41, the nodal agency issues RTI Regulations which must be placed before Parliament for approval. In contrast, Section 42 states that the Commission’s Rules on Fees and Appeals Procedure, published in the same gazette (ie; Gazette Extraordinary No 2004/66), are not legally required to be placed for parliamentary approval. Two different procedures apply in each instance.
“While the RTIC and the nodal agency must harmoniously work together to maximize the effectiveness of the Act, the RTIC has a particular duty to maintain its independence from Public Authorities which are summoned before it as parties to appeals. Specifically, the independent recruitment of staff and a dedicated Fund (Sections 13 (3) and 16) secures the financial independence of the Commission without which there is no functional independence.
“It is therefore highly regrettable that these statutory safeguards have been ignored by successive Governments. No dedicated Fund has been allowed to be operated. The RTIC has been functioning with a skeleton staff, one legal officer and two legal assistants (later increased to three) to handle an increasing case load of appeals.
“Requests for additional legal staff and other essential cadre including approval to recruit mid-
level positions such as information technology (IT) assistant have been ignored. In forwarding the RTIC’s requests for staff to the Ministry of Finance, which the RTIC is compelled to do through the nodal agency, the process has been inexplicably delayed, in one instance by eight months.
“Further, the RTIC has repeatedly informed the Government of the need to allocate a separate line item in the National Budget in line with its budgetary allocation in 2017 which was thereafter taken away and the allocations placed under the nodal agency, undermining the RTIC’s financial and functional independence. This too has been ignored.
“Additionally, serious damage has been done to the RTIC’s appeal function by misleading media reports on 11th November 2025 using a wrong English translation of a response sent in Sinhala by the Office of the RTIC on 15th October 2025 to the Ministry of Health and Mass Media regarding a Parliamentary question asked by Opposition MP Hon. Ajith P.Perera.
The RTIC is unaware as to the origin of the English translation on which these inaccurate media reports are commonly based.
“On 15th October 2025 and in response to a routine parliamentary question asking for appeal statistics,, the Office of the RTIC under the hand of the Director General responded via the Ministry of Health and Mass Media that 308 appeals had been ‘adjourned’ out of 1,306 appeals received by the Office of the RTIC during 1st January 2025-30th September 2025.
“The RTIC has handed down final decisions and concluded appeals in 1,157 appeals (out of 1,306) up to 30th September 2025. Adjournment for justifiable reasons, including request of parties, legal complexity of the subject matter etc are part of the normal hearing process of any tribunal. Reporting ‘adjourned’ appeals as ‘failing to attend to’ is a serious misrepresentation and a deliberate interference with the RTIC’s quasi-judicial appeal function.
“Typically, adjourned appeals are either resolved during the remainder of the year or brought over to the next year to conclude hearings. For example, by 15th November 2025, the number of adjourned appeals had decreased to 244. Correspondingly, the number of appeals received by the Office of the RTIC had increased to 1,538 and concluded appeals to 1,304 There has been no ‘reduction’ in the number of appeals being filed.
The RTIC further clarifies that there has been no reduction of its fund allocation. As reported in the Hansard of 23rd October 2025 in the answer to the said Parliamentary question, the budgetary allocations referred to therein are not the budgetary allocations of the RTIC which are publicly available on https://www.rticommission.lk /web/images /pdf/Budget/Annual-Budgetary-Allocation- and-Expenses. pdf “The RTIC exercised a Right of Reply in regard to such misleading news reports on 13th November 2025. However, the said newspapers have failed to publish that response up to this date violating the code of ethics for newspapers and necessitating a public Statement to be issued by the RTIC.
“In conclusion, the RTIC emphasizes that any attempt to amend Sri Lanka’s RTI Act in a manner that dilutes the nature of the information right will be to the detriment of citizens, will undermine Article 14A of the Constitution and constitute a grave setback to progressive gains made so far under the RTI regime.”
Mr KDS RuwanChandra
Director General, RTIC
(for and on behalf of the RTIC)

PSIC moves to issue bailable warrants against elusive SHO

Times of India: Mohali: Monday, 24 November 2025.
The Punjab State Information Commission (PSIC) has decided to issue bailable warrants against SHO, Balongi police station after he repeatedly failed to appear before the Commission and did not provide information sought under the Right to Information (RTI) Act.
PSIC also issued a notice to Mohali SSP with directions for compliance with orders and provision of information under RTI. If SHO Balongi fails to appear before the Commission again, he is likely to face bailable warrants.
The action follows a complaint filed by RTI applicant Sonu Kumar Kanojia, who approached the Commission after the SHO failed to supply requested information. Earlier, the Commission gave both parties an opportunity to present their case in its order dated July 8, 2025. However, in the latest hearing, the appellant informed the Commission that no information was provided to date.
Despite notices, no one appeared on behalf of the respondent for the second consecutive hearing. The Commission noted that even the last order sent to the SHO was returned undelivered with postal remarks stating "refused," indicating deliberate avoidance and disregard for the Commission's directions.
Taking serious note of this conduct, the Commission observed that such behaviour shows "no regard for the orders issued by the Commission." It reiterated that the RTI Act is meant to promote transparency in governance and cannot be ignored by public authorities.
While granting a final opportunity, the Commission has directed the PIO/SHO, Balongi Police Station, to provide complete information to the applicant and appear personally on the next date of hearing. Failure to do so will lead to the initiation of penal proceedings under the RTI Act.
A copy of the order has also been sent to the SSP Mohali, directing him to ensure compliance. The Commission has warned that the SHO's continued absence, despite repeated notices, amounts to a serious and deliberate violation. The SSP has been asked to consider strict disciplinary action against the officer.
The Commission further clarified that in case of any further defiance, the presence of the PIO concerned will be secured by issuing bailable warrants and recommending disciplinary action to the competent authority.
Both parties have been directed to be present on Feb 17, 2026, at 11:30am, failing which the matter will be decided ex-parte.

Sunday, November 23, 2025

The Right to Deny Information is here : By Ajit Ranade

National Herald: Opinion: Sunday, 23 November 2025.
The RTI is not just a procedural tool or a bureaucratic mechanism. It embodies the idea of citizenship itself, writes Ajit Ranade
The Right to Information (RTI) Act came into force in India on 12 October 2005. It is one the strongest transparency laws in the world. It essentially says that if any information cannot be denied to a lawmaker, i.e. an MP or MLA, then it cannot be denied to a citizen of India. It puts citizens on par with the so-called rulers, who are actually people’s representatives.
The RTI Act gave citizens a legally enforceable right to ask questions of the State and expect answers. It empowered citizens to hold government agencies accountable.
The law was the culmination of nearly two decades of a grassroots movement for accountability. The movement started with the simple premise that citizens have a right to say: ‘It’s our money, so we want to know how it is spent (hamara paisa, hamara hisaab).' RTI gives the citizen a right to ask questions and obliges the State to answer them.
Over the last two decades, RTI has exposed corruption, improved the delivery of welfare benefits, enabled public scrutiny of procurement, pensions, ration systems and infrastructure spending. Even electoral finances. It has empowered ordinary citizens to challenge opacity in local administration. For many, it became their only shield against arbitrary exercise of power.
The law really empowered ordinary citizens. But because it gave them this power, it also extracted a heavy price. At least a hundred RTI users have been murdered for seeking information that threatened vested interests.
Today, this hard-won democratic tool faces its most serious threat yet. There is danger that the right to information will become the right to deny information. This threat to the Right to Information comes from the passage of the Digital Personal Data Protection (DPDP) Act of 2023. Section 44(3) of this new law amends the RTI Act itself, amending Section 8(1)(j).
The original text of this section of the RTI Act had a public-interest override clause, permitting disclosure of personal information if justified in larger public interest. This override clause was crucial. It recognised that transparency and accountability are the foundations of democratic governance. The DPDP Act has removed this override, making privacy a near-absolute shield, unless the government decides otherwise.
The amendment to the RTI has turned a careful balancing test into a default veto, allowing public information officers to refuse disclosure simply by citing privacy.
The DPDP Act also expands the definition of ‘person’ to include companies, associations and even the State, meaning that even corporate–government contracts could theoretically be shielded as personal data. This is not a legal technicality; it changes the character of the RTI Act itself.
Where information was once presumed to be open and available, unless denied on particular grounds, now information will be presumed to be not available unless the State chooses to make it available. The power has shifted from the citizens to the State.
The original dent in weakening RTI came not from DPDP legislation but from the judiciary. In Girish Ramchandra Deshpande v. CIC (2012), the Supreme Court held that information about disciplinary proceedings and service records of a public servant constituted ‘personal information’ and therefore could be withheld under Section 8(1)(j) of the RTI Act. The court treated this as a matter between employee and employer, without acknowledging that the real employer of public servants is the public itself.
That judgement became a template for routine denial of information. Once anything involving a person could be called ‘personal’, even data related to public duties such as leave records, caste certificates used for official claims, or expenditure from MP or MLA funds began to be withheld.
The situation worsened after the Puttaswamy (2017) judgement, where privacy was recognised as a fundamental right, an important and welcome development in itself. But in the absence of careful balancing, privacy began to override transparency, even where public interest was clear and compelling.
There has also been a steady institutional erosion of the RTI from its early days. Across 29 Central and state information commissions, more than four lakh appeals are pending, many for over a year. Several commissions are non-functional, and key posts have remained vacant for extended periods.
So, even before the latest changes in the DPDP Act, the delays in key appointments, the fading autonomy of the information commission and rising pendency had already weakened the RTI a slow suffocation that discouraged citizens from even filing applications.
We must remember that the RTI was not born in Parliament; it was born in village meetings, street protests, hunger strikes, public hearings and citizen mobilisation. The same kind of mobilisation, the same collective will is needed again, to demand:
1. Restoration of the public-interest override clause. Privacy does matter, but accountability in public finances and restraints on corruption and abuse of state power are more important
2. Reinstatement of the proviso that information that cannot be denied to Parliament cannot be denied any citizen. This principle sits at the heart of democratic equality
3. All vacancies must be filled urgently
4. There should be mandatory and proactive disclosure of information, thereby reducing the RTI burden and removing excuses for secrecy
5. We must have stronger protection for RTI users, and The Whistleblowers Protection Act, 2014, must be implemented
The RTI is not just a procedural tool or a bureaucratic mechanism. It embodies the idea of citizenship itself, and the idea that the State belongs to the people, not the other way around. If we believe that citizens have the right to govern those who govern them, then the struggle to defend the RTI, as with the struggle to create it, must continue with courage, vigilance and collective action.
(Ajit Ranade is a noted economist. More of his writing may be found here)
Article courtesy: The Billion Press

Merely 1/4th of Maharashtra human rights body orders accepted by state: RTI

Times of India: Mumbai: Sunday, 23 November 2025.
Just 24% or 44 of the 183 orders issued by the Maharashtra State Human Rights Commission (MSHRC) in the past 12 years have been accepted by the state govt, reveals a recent reply to a Right to Information (RTI) Act query filed by an advocate.
"The remaining 76% of the total orders are still pending with the govt, without any action, comments, reports, proposed action, and are void of any justification for their non-implementation," said the petition filed by advocate Satyam Surana who submitted the RTI query after moving the Bombay High Court over alleged poor implementation of MSHRC orders.
Citing RTI, the PIL stated high court judgments from different states affirming the recommendations of human rights commissions involve unpaid amounts totalling around Rs 3.4 crore since 2013.
An MSHRC official said there had been internal discussions within the rights commission about approaching the high court against the state govt for not accepting its recommendations, as legal provisions allow such action. However, no final decision has been taken in this regard.
The MSHRC has investigative and recommendatory powers. It investigates human rights violations and recommends compensations and disciplinary action or changes in policy. It take suo motu cognizance of rights violations or after receiving complaints. After hearing the sides, it passes an order, mainly awarding compensation, which the concerned govt department must implement. The commission has the legal option to go to the high court against the state for implementing its order but it has never used the option, said an MSHRC official.
"The govt and its authority needs to act upon such orders, or the body will remain toothless," said an MHSRC official, which is also made a party to the PIL.
"Now that the PIL has been filed, the MSHRC will present its position strongly to ensure its orders are either implemented or legally challenged," said an official.
Most of the recommendations not accepted by the govt were addressed to Mantralaya officials primarily departmental secretaries followed by the police.
The commission independently inquires into custodial death cases to determine compensation for the deceased's families, along with other types of human rights violations.
One of the alleged victims of police harassment said, "Most of the time, police officers challenge MSHRC orders in the high court in their personal capacity to delay or deny justice. Any challenge should be made through the department, not individually."
The petition cited the order of the Madras high court in the Abdul Sattar versus the govt principal secretary case, which concluded that recommendations of the state human rights commission are binding in nature and cannot be ignored by the executive. It also cited a Delhi high court order in Kiran Singh versus National Human Rights Commission and Others case, which held that "failure to act upon such recommendations, without judicial challenge, would defeat the purpose of the Protection of Human Rights Act, 1993". It further cited the MP high court and Allahabad high court while seeking the Bombay HC's intervention to provide similar relief.
The MSHRC was established on March 6, 2001, via a govt resolution under the Protection of Human Rights Act.
Currently, it comprises a chairman, Retired High Court Judge A M Badar, and two members Retired HC Judge Swapna Joshi and retired IPS official Sanjay Kumar.

Saturday, November 22, 2025

Forest departments across India have no record of African grey parrot trade, reveal RTI responses

 The Hindu: National: Saturday, 22 November 2025.
The parrot, which is listed under Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), requires special permits, including individual CITES registration and import certificates, for their trade in the domestic and international markets
There are no registered breeders or authorised pet shops to sell African grey parrots (Psittacus erithacus) one of the most easily procurable animals in the country. While the bird is extensively available in pet markets, Forest departments in different States said no breeder has registered with them. The departments had responded to applications filed by The Hindu under the Right to Information (RTI) Act, to understand the trade in the exotic species.
The parrot, which is listed under Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), requires special permits, including individual CITES registration and import certificates, for their trade in the domestic and international markets.
Extensive capture of the bird for the international pet trade have led to the populations being decimated in their home ranges encompassing parts of Central Africa. The species is also listed as ‘Endangered’ by the International Union for the Conservation of Nature.
What the RTI responses said
Out of 19 States and Union Territories to whom the applications were sent asking about the trade in the species, only Kerala’s Forest department declared it had received 17 applications for the registration of breeders’ licences for the species through the PARIVESH portal. The State also said registration of pet stores was delegated to be dealt with by the State Animal Welfare Board. Meanwhile, most other States gave generic responses about not having access to the data requested, while some forest divisions also responded individually, stating that the species was not found in their divisions, misunderstanding the requests.
“That pet stores are an animal rights issue, and deal only with the sale of dogs and cats, has become an outdated point of view,” said a researcher working on the illegal trade in pets across the country. He said the African grey parrots were now protected under Schedule IV of the Wildlife Protection Act, 1972. As per the Living Animal Species (Reporting and Registration) Rules, 2024, every person having these species, be it pet shop owners or pet owners, need to register ownership on the PARIVESH 2.0 portal.
Despite Tamil Nadu claiming that as per their records, there were no registered breeders, traders, or pet stores dealing in the commercial trade of African grey parrots, the Forest department said it was compiling inspection reports and audits of breeding facilities, pet shops, and sellers of the species.
Breeding licence
To breed CITES Appendix I species like the African grey parrot, a valid breeding licence is required. To obtain this licence, an application must be submitted to the Chief Wildlife Warden under the Breeders of Species Licence Rules, 2023. The applicant must also have the CITES import permit for the species, a Directorate General of Foreign Trade (DGFT) import licence number, and a No Objection Certificate (NOC) from the respective Chief Wildlife Warden for the import before applying for the breeding licence, a researcher understanding the trade in exotic wildlife said.
“The information is not available in this office and the process of collecting, compiling and verifying the same is likely to take additional time. As such, the reply will be send [sic] once the process is completed...” the Tamil Nadu Forest department said.
Shekhar Kumar Niraj, former Chief Wildlife Warden of Tamil Nadu, and currently the South Asia head of the Wildlife Justice Commission, said it was mandatory for the Forest department of each State to maintain records of exotic species. “Even prior to importing, buyers have to receive approval from their respective State’s Chief Wildlife Wardens, aside from import certificates and CITES approvals,” he said.
“The trade in exotic species is on the rise, and maintaining registries of these species is extremely important as they pose a biohazard with the potential for spreading zoonotic diseases and also for becoming invasive species,” he added.
Trade hubs
Chief Executive Officer at Wildlife Trust of India (WTI) Jose Louies said Kerala, Tamil Nadu, and Karnataka have become hubs for the import and trade in exotic species.
“These three South Indian States have got well-established aviaries, which are breeding these animals and selling it across the country. If you look at a hub of exotic pet trade in India, it is the three southern states. Whether it is grey parrots, marmosets, anacondas, or turtles, there are farms, traders, networks and organised transportation methods,” said Mr. Louies.
However, he does not lay the blame for a lack of oversight on these species on the Forest department. “You cannot expect the Forest department or enforcement agencies to go to house to house and search for these animals,” he said. People buy animals without paperwork, and also breed them illegally without breeders’ permits. He says while the legal framework exists to monitor exotic species, challenges in implementing laws remain difficult to overcome.
“The problem is not just the grey parrot. The problem is, what we are going to face is alien and invasive species, which are going to be very common and will create problems across the country. The grey parrot is just one particular species, but we can say that about iguanas, marmosets, snakes, turtles; they all have the ability to become invasive in our ecosystem,” he added. The only solution to this problem would be for a mindset in people to stop wanting to own these animals or a blanket ban on all exotic species.

Maharashtra Govt Issues Fresh Circular Defining Respect Norms And Clarifies RTI Rules For MLAs And MPs : Ravikiran Deshmukh

 Free Press Journal: Mumbai: Saturday, 22 November 2025.
According to senior officials, the new clarification was prompted by increasing frustration among Opposition MLAs. Several had sought key documents under the Right to Information (RTI) Act, but officers reportedly delayed releasing them, seeking guidance from the government before responding.
The state government on Thursday issued its ninth circular on how officials must extend respect to elected representatives, reiterating longstanding protocols while adding clarity on what information can and cannot be shared with MLAs and MPs.
New Guidance on Information Release
Although eight earlier circulars have been issued between July 2015 and August 2021, the latest update introduces one significant change: guidance on the release of information sought by legislators. The earlier instructions remain largely the same, emphasising basic courtesies officials must rise from their seats when a legislator enters the room, listen attentively, and maintain polite conduct during phone conversations.
Signed by Chief Secretary Rajesh Kumar, the circular underlines that ensuring respect towards elected representatives strengthens the administration’s reliability and accountability. It warns that action will be taken against officers who fail to follow the norms.
RTI Delays Spark Complaints
According to senior officials, the new clarification was prompted by increasing frustration among Opposition MLAs. Several had sought key documents under the Right to Information (RTI) Act, but officers reportedly delayed releasing them, seeking guidance from the government before responding.
To address this, the circular specifies that information must be provided strictly in accordance with Sections 2(f) and 2(i) of the RTI Act, which define the nature of information and how it may be accessed. Any information falling within the RTI framework must be supplied free of cost.
The circular also makes it clear that no information outside the RTI Act’s definitions must be shared with MLAs or MPs, effectively drawing a boundary on what elected representatives can demand from the administration.
Strict Warning on Privilege Breaches
Another important addition concerns breach of privilege matters. Government officers have been instructed to fully comply with the Legislature’s Committee on Privileges and to act promptly on motions forwarded by the state legislature. Failure to do so will invite disciplinary action, and officers must submit the required reports to the Legislature Secretariat without delay.
The circular further reminds the administration to invite all elected representatives from a district to government events, include their names on invitation cards, and reserve seats for them.

Your Data, Your Rights: India’s New DPDP Rules Put Citizens In Control : By Guest

Kashmir Reader: Opinion: Saturday, 22 November 2025.
The Digital Personal Data Protection Act and Rules establish a citizen-centric framework, empowering individuals with clear rights and setting a phased, 18-month compliance timeline for organisations
The Government of India notified the Digital Personal Data Protection (DPDP) Rules, 2025 on 14 November 2025. This marks the full operationalisation of the Digital Personal Data Protection Act, 2023 (DPDP Act). Together, the Act and the Rules form a clear and citizen-centred framework for the responsible use of digital personal data. They place equal weight on individual rights and lawful data processing.
The Ministry of Electronics and Information Technology invited public comments on the draft Rules before finalising them. Consultations were held in Delhi, Mumbai, Guwahati, Kolkata, Hyderabad, Bengaluru and Chennai. A wide range of participants took part in these discussions. Startups, MSMEs, industry bodies, civil society groups and government departments all offered detailed suggestions. Citizens also shared their views. In total, 6,915 inputs were received during the consultation process. These contributions played a key role in shaping the final Rules.
With the notification of the Rules, India now has a practical and innovation-friendly system for data protection. It supports ease of understanding, encourages compliance and strengthens trust in the country’s growing digital ecosystem.
Understanding the Digital Personal Data Protection Act, 2023
Parliament enacted the Digital Personal Data Protection Act on 11 August 2023. The law creates a full framework for the protection of digital personal data in India. It explains what organisations must do when they collect or use such data. The Act follows the SARAL approach. This means it is Simple, Accessible, Rational and Actionable. The text uses plain language and clear illustrations so that people and businesses can understand the rules without difficulty.
The law rests on seven core principles. These include consent and transparency, purpose limitation, data minimisation, accuracy, storage limitation, security safeguards and accountability. These principles guide every stage of data processing. They also ensure that personal data is used only for lawful and specific purposes.
A central feature of the Act is the creation of the Data Protection Board of India. The Board functions as an independent body that oversees compliance, inquires into breaches and ensures that corrective measures are taken. It plays a key role in enforcing the rights granted under the Act and maintaining trust in the system.
The Act places clear responsibilities on Data Fiduciaries to keep personal data safe and to stay accountable for its use. It also gives Data Principals the right to know how their data is handled and the right to seek correction or removal when needed.
Together, the Act and the Rules create a strong and balanced system. They strengthen privacy, build public trust and support responsible innovation. They also help India’s digital economy grow in a secure and globally competitive way.
Overview of the Digital Personal Data Protection Rules, 2025
The Digital Personal Data Protection Rules, 2025 give full effect to the DPDP Act, 2023. They build a clear and practical system to protect personal data in a fast-expanding digital environment. The Rules focus on the rights of citizens and on responsible data use by organisations. The Rules aim to curb unauthorized commercial use of data, reduce digital harms and create a safe space for innovation. They will also help India maintain a strong and trusted digital economy.
In carrying this vision forward, the Rules outline several core provisions that follow:
Phased and Practical Implementation
The Rules introduce an eighteen-month period for phased compliance. This gives organisations enough time to adjust their systems and adopt responsible data practices. Every Data Fiduciary must issue a separate consent notice that is clear and easy to understand. The notice must explain the specific purpose for which personal data is collected and used. Consent Managers, who help people manage their permissions, must be companies based in India.
Clear Protocols for Personal Data Breach Notification
The Rules set out a simple and timely process for reporting personal data breaches. When a breach takes place, the Data Fiduciary must inform all affected individuals without delay. The message must be in plain language and must explain what happened, the possible impact and the steps taken to address the issue. It must also include contact details for help.
Transparency and Accountability Measures
The Rules require every Data Fiduciary to display clear contact information for queries related to personal data. This may be the contact of a designated officer or a Data Protection Officer. Significant Data Fiduciaries face stronger duties. They must conduct independent audits and carry out impact assessments. They must also follow stricter checks while using new or sensitive technologies. In some cases, they must follow government directions on restricted categories of data, including local storage where needed.
Strengthening Rights of Data Principals
The Rules reinforce the rights already provided under the Act. Individuals can ask to access their personal data or seek corrections and updates. They may also request the removal of data in certain situations. They can choose someone else to exercise these rights on their behalf. Data Fiduciaries must respond to such requests within ninety days.
Digital-First Data Protection Board
The Rules establish a fully digital Data Protection Board of India, which will consist of four members. Citizens will be able to file complaints online and track their cases through a dedicated portal and mobile application. This digital system supports quicker decisions and simplifies grievance redressal. Appeals against the Board’s decisions will be heard by the Appellate Tribunal, TDSAT.
How the DPDP Rules Empower Individuals
The DPDP framework places the individual at the centre of India’s data protection system. It aims to give every citizen clear control over personal data and confidence that it is being handled with care. The rules are written in plain language so that people can understand their rights without difficulty. They also ensure that organisations act responsibly and remain accountable for how they use personal data.
Rights and protections for citizens include:
Right to Give or Refuse Consent
Every person has the choice to allow or deny the use of their personal data. Consent must be clear, informed and easy to understand. Individuals may withdraw their consent at any time.
Right to Know How Data is Used
Citizens can seek information on what personal data has been collected, why it has been collected and how it is being used. Organisations must provide this information in a simple form.
Right to Access Personal Data
Individuals can ask for a copy of their personal data that is held by a Data Fiduciary.
Right to Correct Personal Data
People may request corrections to personal data that is inaccurate or incomplete.
Right to Update Personal Data
Citizens can ask for changes when their details have altered, such as a new address or updated contact number.
Right to Erase Personal Data
Individuals may request the removal of personal data in certain situations. The Data Fiduciary must consider and act on this request within the permitted time.
Right to Nominate Another Person
Every individual can appoint someone to exercise their data rights on their behalf. This is helpful in cases of illness or other limitations.
Mandatory Response within Ninety Days
Data Fiduciaries are required to address all requests related to access, correction, updating or erasure within a maximum of ninety days, ensuring timely action and accountability.
Protection During Personal Data Breaches
If a breach takes place, citizens must be informed at the earliest. The message must explain what happened and what steps they can take. This helps people act quickly to reduce harm.
Clear Contact for Queries and Complaints
Data Fiduciaries must provide a point of contact for questions relating to personal data. This may be a designated officer or a Data Protection Officer.
Special Protection for Children
When a child’s personal data is involved, verifiable consent from a parent or guardian is required. This consent is needed unless the processing relates to essential services such as healthcare, education or real-time safety.
Special Protection for Persons with Disabilities
If a person with a disability cannot make legal decisions even with support, their lawful guardian must give consent. This guardian must be verified under the relevant laws.
How DPDP Aligns with the RTI Act
Since the DPDP Act and the DPDP Rules expand citizens’ privacy rights, they also clarify how these rights work alongside the access to information guaranteed by the Right to Information (RTI) Act.
The changes introduced through the DPDP Act revise Section 8(1)(j) of the RTI Act in a way that respects both rights without diminishing either. The amendment reflects the Supreme Court’s affirmation of privacy as a fundamental right in the Puttaswamy judgment. It brings the law in line with the reasoning already followed by courts, which have long applied reasonable restrictions to safeguard personal information. By codifying this approach, the amendment prevents uncertainty and avoids any conflict between the transparency regime of the RTI Act and the privacy safeguards introduced under the DPDP framework.
The revision does not prevent the disclosure of personal information. It simply requires that such information be assessed with care and shared only after considering the privacy interests involved. At the same time, Section 8(2) of the RTI Act remains fully operative. This provision allows a public authority to release information when the public interest in disclosure is strong enough to outweigh any possible harm. This ensures that the essence of the RTI Act, which is to promote openness and accountability in public life, continues to guide decision making.
Conclusion
The Digital Personal Data Protection Act and the DPDP Rules mark an important step in building a trustworthy and future-ready digital environment for the country. They bring clarity to how personal data must be handled, strengthen the rights of individuals and create firm responsibilities for organisations. The framework is practical in design and backed by wide public consultation, which makes it both inclusive and responsive to real needs. It supports the growth of India’s digital economy while ensuring that privacy remains central to its progress. With these measures now in place, India moves towards a safer, more transparent and innovation-friendly data ecosystem that serves citizens and strengthens public confidence in digital governance.