National
Security and Right to Information are interrelated
concepts. We occasionally find them on Crossroads.
In fact, the National Security Card is played so often by Governments
around the World that the concept of National Security has become the
most abused and most favourite method of defeating Civil
Liberties Protections in Cyberspace.
Indian Judiciary has not been much involved with
Cyberspace issues for long. Of late it has started dealing with
issues pertaining to Cyberspace like Websites
Blocking. Clearly, Indian Judiciary has not been
comfortable with Cyberspace issues so far. Even issues pertaining to
Information and Communication Technology (ICT) have not been properly
appreciated by Indian Judiciary.
I personally believe that there must be a
“Constitutional Balance” between National Security and Human
Rights and Fundamental Rights Protection Requirements. Giving
“Primacy” to one over the other, without engaging in a
“Reconciliatory Exercise”, would be “Counter Productive” in
the long run.
Further, the Fundamental Rights themselves must be
“Reconciled” so that our Constitutional Scheme remains intact.
The Indian Constitutional Scheme is based upon “Balance of Rights”
and no right is absolute in nature. In case of conflict between two
Fundamental Rights, the Fundamental Right that strengthens and
substantiate the Public Interest should prevail”.
For instance, if there is a conflict between Right
to Privacy and Right to Information/know, any information can be
disclosed in certain circumstances to substantiate and strengthen
Public Interest.
Thus, not all tapped conversations of Nira Radia and
Ratan Tata can be labeled as “Private” or pertaining to “National
Security” and barring few “Exceptional Disclosures” all other
can be made “Public” by the Supreme Court of India.
The Supreme Court of India must not unnecessarily
put a “Blanket Ban” upon disclosure or publication of such
conversations as that would amount to “Unreasonable Curtailment”
of other Fundamental Rights like Right to Information. The “National
Security Card” should not be used by any individual or institution,
including the Supreme Court of India, to defeat the Constitutional
Protections and Safeguards.
I have already
written about this issue to Indian Government in February
2011 and this was sufficient time for it to deliberate and formulate
an effective Policy in this regard. If still the Indian Government
has failed to formulate such Policy, it only shows that it is not
interested in formulating one.
Finally, Intelligence
Infrastructure of India needs Rejuvenation as it has
become synonymous for Non
Accountability and Mess.
There is neither any Parliamentary
Oversight nor and Transparency
and Accountability of the working of Intelligence Agencies
of India. E-Surveillance
in India is presently done in much derogation of
Constitutional Protections.
The matter is pending before Supreme Court of India
and if it does not handle the issue properly, the chaos would persist
for some more decades.
