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Why is the Indian Govt Refusing to Release Comments Received on Draft Telecom Bill, 2022?

Provision reserved for discussions among cabinet ministers is being used to prevent disclosure of stakeholder comments on the draft bill.

telecom towers ground up view

The Indian government will not release the comments sent by stakeholders on the draft Indian Telecommunication Bill, 2022, according to a response sent to a Right to Information (RTI) request filed by MediaNama. The Department of Telecommunications (DoT) revealed that it is in the process of examining the comments received on the draft bill. [caption id="attachment_175194" align="aligncenter" width="788"] A screenshot from the RTI response received by Medianama[/caption] Rationale behind refusal: The DoT denied the request by invoking the provisions of Section 8(1)(i) of the RTI Act, 2005. The reply claimed that the comments will be a part of the “Cabinet Note” which is sent to the cabinet for its approval before the bill’s introduction in the Indian Parliament. Moreover, Entrackr had filed a similar RTI request with the DoT to which the response was consistent with the one received by MediaNama. They have appealed the decision. Understanding the section: The law states that the Union government is not obligated to disclose “cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers” provided that these decisions, and the reasons behind them, are to be “made public” following the matter’s completion. It is a matter of concern that a provision reserved for discussions among cabinet ministers and their staff is being used to prevent disclosure of stakeholder comments on a draft bill. https://twitter.com/AroonDeep/status/1606630154755002371 Why it matters: The refusal highlights the lack of transparency with which the Indian government is undertaking consultation on a bill that will have…

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I cover several beats such as Crypto, Telecom, and OTT at MediaNama. I can be found loitering at my local theatre when I am off work consuming movies by the dozen.

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