Troubled History of the OSA

TIME LINE

Troubled History of the OSA

1923-The OSA of Great Britain (enacted in 1889) was "replicated in India in 1923. The act's position in India, still a British colony, is to prevent disclosure of information that the government believes would undermine the state.

1951-After independece, the act was amended , basis of the act was the need to prevent spying and wrongful communication of military secrets.

1967-Amendments were brought post Indo-Pakistan War. It was no longer incumbent upon the police or any investigating agency to "prove the guilt" of a person accused of spying. It was enough to judge his/her character and the circumstances of the case to be prosecuted .

1977-Press Commission observed that merely because a circular is marked secret or confidential, it should not attract the provisions of the Act, if the publication thereof is in the interest of the Public and no question of National Emergency and interest of the State as such arises."

1978-Samba spy case surfaced which led to India's biggest military intelligence goof-up. 60 Army officers, personnel werearrested under the act at the instance of Sarwan Dass.

1985-16 government officials arrested and charged with violations of the Act. Among them: T.N. Kher, the personal assistant to P C Alexander, a top aide to both Indira and Rajiv Gandhi.

1988 - Gujarat Govt clamped the Official Secrets Act in 12 villages for almost 5 months due to the rising upheaval against the Sardar Sarovar Dam.

1988- B K Subbarao, a scientist monitoring India's nuclear submarine project, was arrested for possession of his thesis and was wrongly jailed for 20 months.

2002- Delhi based journalist Iftikar Gilani was arrested under the Act for possessing a paper avilable on internet, the court found him innocent.

1989- Prime Minister V P Singh called for throwing up the act, initiated an examination of questions relating to secrecy, accountability and transparency.

1990 -India's two bright scientists- S. Nambinarayanan and D. Sasikumaran were jailed for being a part of a spy-ring managed by two Maldivian women. The charges were investigated by the CBI and found baseless.

2006:Second Administrative Reforms Commission headed by former Karnataka chief minister Veerappa Moily asked Prime Minister Manmohan Singh to scrap the Official Secrets Act (OSA),

1923, saying that the Act in its current form is incongruous with the regime of transparency in the right to information era.

2007: Home Minister Shivraj Patil told the parliament that the government did not favour a repeal of the Act but was considering an amendment to an existing section.

2009 - The Delhi high court reduced the powers of the act by ruling publication of a document merely labelled ``secret`` shall not render the journalist liable under the law

2010 - Madhuri Gupta, Indian diplomat posted at the Indian high commission at Islamabad, was arrested on the charges of spying for Pakistan.

2010- Minister of state MHA Ajay Maken told the parliament that the government is not proposing to repeal the act particularly in view of the promulgation of RTI act.