Withdraw the gag order

An amendment to the Central Civil Services (Pension) Rules, effected by the government last week, has imposed a ban on all retired officials in Intelligence and security-related organisations from publishing any material “which falls within the domain of the organisation”, without clearing it with the head of the organisation concerned. The order covers books, articles in newspapers or other publications, interviews and talks. The ban may also be applicable to views expressed by a retired officer in a discussion on a current topic or reference to a past event or an experience during the discussion. The ban is a violation of the right to speech and expression of the officials and goes against the Right to Know of citizens. Such restrictions are wrong and out of place in a democracy. It is yet another sign of the government’s discomfort with and unwillingness to allow different and critical views to be aired on any subject, and security might only be a pretext. It may also be a ploy to allow only one view – that approved by the government — to prevail, by denying permission for expression of other views. As many as 18 departments, including the IB, R&AW, the CRPF and the BSF, are covered by the order.

Retired officers in these organisations would certainly have the sense of responsibility and discrimination to decide what should be made public and what should not be. There is already the Official Secrets Act which applies to their conduct. Existing laws require them to handle sensitive information with responsibility and do not allow them to do anything that may imperil the “sovereignty and integrity of India” and “the security, strategic, scientific or economic interests of the State”. Though this is enough to secure the interests of the State, the new rules go beyond them. There is the risk of their being used to intimidate retired officials into compliance. The amendment of pension rules is a threat. Many would find it hard if their pension is suspended or withdrawn. It is debatable if pension rules can be amended to the disadvantage of the pensioners without consultation with them.

India’s security set-up is opaque and bound by unnecessary and unreasonable rules of secrecy. There has always been an obdurate refusal to declassify files even after they have become most harmless. All this has resulted in inefficiency and lack of accountability. Disclosure of legitimate and relevant information and debates in the public realm can only make the establishments healthier and stronger. It should be noted that former army chief Gen. VP Malik and former IB and R&AW chief AS Dulat have opposed the amendment. There are many others who would agree with them. The government should withdraw this gag order.