Tamil Nadu: TVK-Congress govt keeps information about communal clashes outside the purview of RTI, withdraws decision after political backlash

The Joseph Vijay government in Tamil Nadu has withdrawn the controversial government order exempting the Public (Law and Order) Department from the ambit of the RTI Act after facing major backlash. After facing fierce criticism for the order, the TVK-led government rolled back the order.

“Government Order Ms. No. 57 of Human Resources Management (R) Department dated 21st September, 2026, relating to exemption of the Public (Law and Order) Department under sub-section (4) of section 24 of the RTI Act, 2005, stands revoked,” the government said.

The TVK government initially justified the controversial order, but the backlash compelled the government to reconsider and subsequently withdraw the order.

Defending the controversial government order, TVK Minister CTR Nirmal Kumar said that it was intended to withhold information relating to only a few subjects dealt with by the Public (Law and Order) Department. “Only community clash-related incident details will not be given under RTI because many are asking for RTI on community clashes. There are 20 sections under Law and Order; only a few sections are exempted from RTI. This is the intention behind the move,” Kumar said. However, after the order was criticised, he said that the government would reconsider it.

TVK Minister Raj Mohan also justified the government action and said that the move will not affect the freedom of expression. “The freedom of expression will not be affected. As a Minister of DIPR, I myself will give necessary information to you (media). We also have to understand the Lakshman Rekha in freedom of expression. Intentionally, one should not twist data for the benefit of one specific party,” Mohan said. 

The exemption order was passed through a Gazette notification issued by the government under Section 24(4) of the RTI Act. The order placed the Public (Law and Order) Department of the government under the exemption framework of the RTI Act applicable to intelligence and security organisations.

In line with the order, the Public (Law and Order) Department would have been able to withhold information relating to crucial matters that it deals with. The matters include police and administrative actions relating to communal and caste clashes, matters relating to detentions under the National Security Act (NSA), inquiry reports into the opening of police fire, inquiry reports into custody death, police torture and others. By the application of the order, Information relating to these subjects would not be accessible to the general public through the RTI Act.

The government order would have effectively transformed Tamil Nadu into a police state. Interestingly, the order was passed by a government formed by an alliance of the Opposition parties, including the TVK, the Congress and left parties. While the Opposition parties keep attacking the BJP government over allegations of lack of transparency, they do not seem to practice what they preach in the states ruled by their governments.