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Tamil Nadu Exempts Law-and-Order Department from RTI Scrutiny
By Drooid · · How we work
Exemption Order Issued
On September 21, 2026 the Tamil Nadu government, through a Gazette notification issued by the Human Resources Management Department and the Governor, invoked Section 24(4) of the Right to Information (RTI) Act, 2005 to classify the Public (Law and Order) Department as an “Intelligence and Security Organisation.” Under that classification, the department’s records are generally excluded from RTI requests, subject only to the narrow statutory exceptions that apply to such organisations.
Subjects Covered by the Exemption
The order specifies that the exemption extends to a wide range of law-and-order matters, including:
- Communal and caste clashes, and related investigations.
- Appointments and follow-up actions of Commissions of Inquiry on law-and-order issues.
- All matters concerning COFEPOSA and NSA detentions, including representations and habeas-corpus petitions filed in the High Court and Supreme Court.
- Minutes of monthly and special law-and-order review meetings directed by the Chief Secretary.
- Inquiry reports on police firing, deaths in police custody, alleged torture, and deaths of remand prisoners.
- References to the National Human Rights Commission (NHRC) on law-and-order cases.
- Monthly reports on communal incidents submitted to the Government of India, and replies to parliamentary questions on law-and-order topics.
- Agitations by students, agricultural labourers, and political parties, as well as requests to withdraw cases registered on political or communal grounds.
- Matters relating to prosecution sanctions for defamatory articles, news items, and speeches.
Government Rationale
The state government argues that the department’s functions involve intelligence-type activities and security considerations, warranting the exemption to protect operational confidentiality. By placing the department under the same framework previously applied to bodies such as the Tamil Nadu State Vigilance Commission and the Directorate of Vigilance and Anti-Corruption, officials seek to limit public disclosure of sensitive information that could affect public order.
Political Opposition
Former AMMK founder T.T.V. Dhinakaran publicly opposed the exemption on September 27, criticizing the Tamil Nadu Vetri Kazhagam-led administration for abandoning its pledge of transparent governance. Dhinakaran called on Chief Minister C. Joseph Vijay to revoke the decision and provide an explanation for shielding law-and-order subjects from RTI scrutiny.
Potential Impact on Transparency
By removing the Public (Law and Order) Department from the RTI ambit, citizens’ ability to obtain information on communal incidents, police actions, and related judicial proceedings will be curtailed. While the exemption aligns with Section 24(4)’s provision for intelligence and security organisations, it also limits oversight of alleged corruption, human-rights violations, and police misconduct that would otherwise be accessible under the RTI framework.