Post Office Bill, 2023: 10 things to know about proposed law that sparked privacy debate

The Post Office Bill, 2023, seeks to repeal the 125-year-old Indian Post Office Act and consolidate and amend the law relating to post offices in the country.

The Rajya Sabha on Monday passed the Post Office Bill, 2023, which seeks to replace the colonial-era Indian Post Office Act of 1898 that has governed India's postal services for 125 years. The new bill introduces a range of changes, redefining the role of the central government, empowering the Director General of Postal Services, and addressing key aspects such as interception of postal articles, liability exemptions, and the removal of certain offences and penalties. Several opposition parties like AAP, NCP, AIADMK, TDP and the Left raised concerns over the bill during the debate and alleged it was against federal principles. Aam Aadmi Party’s Raghav Chadha said that the bill does not lay down any procedures for interception or opening letters of packages, calling the legislation as act of surveillance.

Key features of the bill and contentious provisions:

1. The bill, introduced during the Monsoon Session of Parliament, aims to provide a simple legislative framework for post offices, facilitating their evolution into a network for citizen-centric services.
2. The contentious provision in the bill allows the central government, through notification, to empower officers to intercept, open, or detain items for reasons related to national security, public order, emergency, or contravention of prevailing laws.
3. The existing Indian Post Office Act of 1898 also provides for interception, albeit with some differences. Section 26 of the Act empowered the central government, state government, or a specially authorized officer to issue a written order for the interception, detention, or disposal of any postal article or a specific class or description of postal articles.
4. This authority was granted "on the occurrence of any public emergency or in the interest of public safety or tranquillity." In cases of uncertainty regarding whether an action constituted a public emergency or was in the interest of public safety, a certificate from the relevant government was necessary.
5. In contrast, the new Post Office Bill, under clause 9, removes the requirement for a written order for interception. The central government is now empowered to intercept, open, or detain any item without the necessity of issuing a written order.
6. Communications Minister Vaishnaw defended the interception provision, stating its necessity for national security in a complex and diverse society. He assured that rules governing interception would be presented before Parliament.
7. However, it's worth noting that the new bill itself does not explicitly provide for the introduction of interception procedures through rules, creating a discrepancy between the minister's statement and the legislative text.
8. The proposed legislation empowers the director general of postal services to frame regulations for providing services and fix charges.
9. The bill exempts the government and officers from liability related to the loss, misdelivery, delay, or damage to postal articles.
10. However, it introduces the provision that the central government may prescribe liability with regard to services by India Post under the rules.