Upload All Amended Laws on Govt Website, Delhi HC Orders
It is mandatory for the Government to publish the amended version of laws as and when amendments are incorporated.
advertisement
The Delhi High Court (HC), in a recent judgement, has upheld an order of the Central Information Commission (CIC) directing the Legislative Department, Government of India to upload on the official website all laws enacted by Parliament as amended from time to time. It has also upheld the CIC’s direction to the government to examine the functionality of the official email addresses of officers of the Department.
Background to the RTI
A law student at the National Law School of India University (NLSIU), Bengaluru, could not find the complete version of a law passed by Parliament with all the latest amendments online on the website of the Legislative Department, Government of India. The Law student wanted to study the Indian Christian Marriage Act, 1972 from the website, but he couldn’t. He then submitted an RTI application to the Legislative Department and he claimed that the email bounced back. This application was filed in 2012. He approached the CIC through a complaint in September, 2015.
What Did The CIC Say?
Disposing of the case, the CIC pointed out:
“It is the minimum responsibility of state to provide updated information about amendments, which will go in long way in helping people. The access to law is not just a requirement of Law student and law researchers, but a necessity of all citizens. For instance, many men or women are not even aware of self defence right that they can even kill assailant if the later is attacking to kill, rape or throw acid, or cause grievous hurt etc.”
What Are the Implications?
- It makes it mandatory for the Government of India to publish the amended version of laws as and when amendments are incorporated. In India this is not common practice at either the Central or the State level.
- Another major problem that plagues access to laws is the non-availability of rules and regulations made under a legislation by the competent authority. While texts of laws enacted by Parliament are available on official websites, rules and regulations made under them are not easily available.
- The Delhi High Court’s order is a step forward regarding grant of compensation under the RTI Act. Until this judgement came out, the position was that the RTI applicant had to demonstrate the nature of loss or detriment suffered due to non-provision of access to information under the law. However, now the Delhi High Court has held that compensation may be paid where the costs involved in challenging such orders would be much more than the compensation amount.
- (Published in collaboration with Factly.)