Why were Jyoti Malhotra, Priyanka Senapati arrested under Official Secrecy Act? What is OSA?

Jyoti Malhotra, arrested under OSA

After Haryana-based YouTuber Jyoti Malhotra and her Puri-based friend Priyanka Senapati were arrested under the Official Secrecy Act, the important question that came to the surface is: what is the Official Secrecy Act and what is its origin and objectives. Police also arrested two individuals from Punjab’s Malerkotla district under the same act. If reports are to be believed, Jyoti Malhotra was in contact with a Pakistani officer at the Pakistan High Commission in New Delhi during the four-day conflict between India and Pakistan following the Pahalgam terror attack. Earlier, she visited Pakistan. 

Official Secrecy Act: Colonial Character

The Official Secrecy Act was approved and implemented by the Imperial Legislative Council in 1923. It is an anti-espionage act and says that any action that may help an enemy state against India may come under this act. According to the OSA, no one can approach, inspect, or even pass over a prohibited government site or area. It says clearly that the enemy state can be helped by communicating a sketch, plan, model of an official secret, or official codes or passwords. 

(Priyanka Senapati with Jyoti Malhotra)

Punishment under OSA

A person convicted under the OSA can be punished with imprisonment for a minimum period of three years. It can be as much as life imprisonment if the intent is to declare war against India. A person under the Official Secrecy Act can be prosecuted if his actions were unintentional and not intended to endanger the security of the state. According to the OSA, only persons with authority can handle official secrets, and everyone else doing it is liable for punishment. 

If newspaper violates OSA

Under the OSA, a magistrate can issue search warrants at any time if he determines that, based on the evidence, there is enough danger to the security of the state. If a company is indicted under the OSA, everyone involved with the management of the company, including the board of directors, may be punished. Similarly, if a newspaper is found guilty under this act, everyone, including the editor, publisher and the proprietor, can be imprisoned for the offense. 

OSA contradicts RTI

The Official Secrecy Act contradicts the Right to Information Act 2005. According to clause 6 of the OSA, information from any governmental office is considered official information. So, it can be used to override the RTI. However, the Supreme Court of India has also held that the RTI overrides OSA.