MHA Refuses to Disclose Files Behind Demography Committee, Cites 'Confidential' Exemption

The Union Ministry of Home Affairs has declined to make public the proposals, file notings and approvals connected to the High-Level Committee on Demographic Changes, describing the material as "confidential" in its reply to a Right to Information request.

The application was filed by S.Q. Masood, a Hyderabad-based activist, who asked for the committee's terms of reference among a series of other queries.

In its response, the ministry invoked Section 8(1)(a) of the Right to Information Act, 2005. The clause permits a public authority to withhold information whose disclosure would prejudicially affect the sovereignty and integrity of India, the security of the State, strategic, scientific or economic interests, relations with foreign States, or would incite an offence. "In the context of the proposal, file notings, etc., it is stated that the requisite information has been marked as confidential and exempted from disclosure," the reply said.

The ministry added that the terms of reference, the appointments to the committee and the order constituting it are already available online.

Mr Masood said he had sought material that was basic but important. "I sought very basic but important information, including a copy of the proposal showing who proposed this exercise to the government, why it was proposed, and other official communications," he said. "It is important to know the basis for undertaking such an exercise and the grounds for constituting this committee."

He said Muslims in the country were already being targeted in the name of identifying illegal immigrants and through the conduct of the Special Intensive Revision exercise. "In this context, it is also important to know whether there is any connection between this demographic committee and the SIR," he said.

Authorities have maintained that the Special Intensive Revision is an electoral roll exercise carried out to correct errors and remove duplicate and deceased entries, and that eligible electors are not excluded without due process.

On other queries in the application — copies of letters, communications, questionnaires, forms and data templates sent by the committee or the ministry to States and Union Territories, along with their replies — the response said these did not pertain to the Visa Wing, Foreigners-I Division, and were transferred to the Chief Public Information Officer of the committee.

The committee has sent a 35-point questionnaire to States seeking data on demographic changes spanning 15 years. The questions relate to religion-wise break-ups of births, enrolment in educational institutions, ration cards, vehicle registrations, property transactions and voter registrations. A large part of the information sought is district-wise and religion-wise data covering Hindus, Muslims, Christians, Sikhs, Buddhists and Parsis.

The reply comes amid a wider public debate over the scope of exemptions under the transparency law. Campaigners argue that the exemptions listed in Section 8 should be applied narrowly, and the Act itself provides that information may be disclosed where the public interest in disclosure outweighs the harm to the protected interests.

An applicant whose request is refused may appeal to the first appellate authority in the department concerned and, subsequently, to the Information Commission.