摘要：The Official Secrets Act, 1923 is one of the most draconian laws still in force in India. A legacy of the British Raj, it had often resulted in grave miscarriages that have blotted the record books of judiciary and sullied our reputation among democratic nations. Eminent jurists and civil rights activists have unequivocally voiced the opinion that the infamous statute should be scrapped. After the enactment of the Right to Information Act in 2005, it has no right to exist, a fact that has been pointed out by Veerappa Moily, heading the Second Administrative Reforms Commission that has already recommended its repeal. Unfortunately, the proposal was shot down by the bureaucrats in the Home Ministry, based on objections from the intelligence agencies. The arguments advanced for its survival are based on the hypothesis that this will hamper the prosecution of spies. In fact, nothing could be further from the truth. It is necessary to go back into the history of the law to understand why it was enacted and whether it is still relevant today.
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