NEW DELHI:
Constitutional expert A. G. Noorani’s attempt to access the ‘Haksar
Papers’ in the Nehru Memorial Museum & Library (NMML) under the
Right to Information (RTI) Act has put the institution — with a sizable
collection of “closed papers” such as the Edwina-Nehru correspondence
which has never been accessed by anyone — in a quandary.
Since
the Government funds the NMML it is a public authority and the public
can access all papers in its collection. According to an expert committee
set up by the NMML, categories such as “closed collections” or “restrictive
access” have become redundant under the RTI unless they qualify for
exemptions provided under Section 8(1) of the Act.
Given
the fact that the NMML has built its collection primarily through donations,
it has a number of private papers which are “closed.” While some
have never been accessed by anyone, select scholars have been allowed
“monitored access” to some documents as per conditions laid down
by the donors.
Change
in situation
The situation
has changed under the RTI though Mr. Noorani was the first person to
use the Act to secure access to documents.
This prised
open the issue for the institution and it became part of the agenda
of the NMML Executive Council last weekend.
The Council
was informed about the advice of the expert committee set up to look
at the NMML’s access policy in the light of the RTI.
As per
the experts, the NMML would have to change its existing 30-year embargo
on documents and it can no longer deny access to private papers more
than 20 years old. Earlier, archival rules provided for a 30-year embargo.
Under the RTI, this embargo has been reduced by 10 years.
In the
case of private papers, the only concession is that the donor is allowed
a hearing after which it is for the RTI mechanism of the institution
to take a view. This is an area of particular concern for the NMML and
the fear is that apprehension of disclosure under the RTI would discourage
people from sending their papers to the institution.
Conceding
the point, particularly vis-À-vis privacy, Shekhar Singh of the National
Campaign for People’s Right to Information said the best alternative
for the institution under the circumstances would be to advise donors
of closed papers to take them back since the rules of access had changed.
However, the RTI activist — who was among the eight experts consulted
— said even this would be subject to the understanding arrived at
between the donor and the NMML at the time of making the donation.
Faced
with the need to tailor its access policy in line with the RTI, the
NMML has decided to convene a meeting of archive managers from across
the country later this month to review the prevailing practices, including
the limitation on the quantum of material that can be reproduced.
Under
the RTI, every public institution has to provide photocopies of whatever
information an applicant seeks whereas the NMML now allows only a quarter
of a file to be photocopied in the lifetime of a scholar for fear of
creation of parallel archives.
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