Q.17. In the monsoon session of the Indian Parliament in 2019, Amendments were made in the anti-terror law and the Right to Information Act. What are the significant changes as a result of these Amendments? Analyse.

Let’s analyze the significant changes resulting from the amendments made in the anti-terror law (Unlawful Activities (Prevention) Act, or UAPA) and the Right to Information Act (RTI) in 2019:

1. Amendments to the Right to Information Act (RTI):
   • Context: The Right to Information (Amendment) Bill, 2019 was introduced in Lok Sabha in July 2019.
   • Key Features:
2. • Term of Information Commissioners: The original Act specified a fixed term of five years for Chief Information Commissioners (CIC) and Information Commissioners (ICs) at both national and state levels. The amendment removed this provision, allowing the central government to notify the term of office for CIC and ICs.
   • Determination of Salary: The original Act linked the salaries of CIC and ICs (at the central level) to those of Election Commissioners. The amendment empowered the central government to determine salaries, allowances, and other terms of service for CIC and ICs.
   • Deductions in Salary: The amendment removed provisions that reduced the salaries of CIC and ICs if they received pensions or retirement benefits from previous government service.

• Criticism:

1. • The amendments were seen as a threat to the independence of the Central Information Commission (CIC).
   • By diminishing the status of CIC and ICs, their ability to issue directives to senior government functionaries could be reduced.
   • The government did not hold any public consultations on the Bill.
2. Amendments to the Unlawful Activities (Prevention) Act (UAPA):

• Context: The Unlawful Activities (Prevention) Amendment Act, 2019 expanded the definition of “terrorist” and made significant changes.
• Key Changes:
  • Labeling Individuals as Terrorists: The amendment allowed individuals to be labeled as terrorists.
  • Overarching Powers: The UAPA now grants overarching powers to the police and agencies, with limited safeguards for individuals.
  • Definition of “Membership”: The definition of “membership” of a “terrorist gang or organization” was broadened.

3. Significance and Concerns:

• Impact on Independence: The RTI amendments weakened the independence of the CIC and ICs, potentially affecting their ability to hold the government accountable.
• Transparency vs. Secrecy: The balance between transparency (RTI) and security (UAPA) remains a challenge.
• Civil Liberties: The UAPA amendments raise concerns about civil liberties, individual rights, and potential misuse.

In summary, these amendments have implications for governance, accountability, and individual rights. Striking the right balance between transparency, security, and civil liberties is crucial for a democratic society.