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Recently, the Indian Post Office Act 2023 enacted by the Parliament replaced the colonial Indian Post Office Act of 1898. According to the government, the newly passed Post Office Act 2023 is an attempt to ensure the effective functioning of the Postal Department as a messenger service and as a provider of banking facilities. However, the new Act is being criticised on the grounds of violation of the right to privacy and encouraging state surveillance.
What are The Key Provisions of The Newly Passed Indian Post Office Act 2023? How is It Different From The Indian Post Office Act 1898?
Aim of the Act- The Post Office Act 2023 aims to consolidate and amend the law relating to Post Office in India. Post Office today provides many services beyond simply mail delivery.
| Key Provisions | Indian Post Office Act 2023 | Indian Post Office Act 1898 |
| Exclusive Privileges of the Central Government | It removes the exclusive privilege of the central government of conveying letters by post. | Section 4 of the act made the conveyance of letters by post an exclusive privilege of the Central government |
| Services to be provided by the India Post | India Post to provide services as may be prescribed by the central government. | The Act specified the services to be provided by India Post which included delivery of postal articles, including letters, postcards, parcels, and money orders. |
| Director General of Postal Services | Appointment of a Director General of Postal Services to regulate postal activities and fix charges for the services offered | Parliamentary approval needed while revising the set charges for any services provided by post offices |
| Powers to intercept postal articles | Grounds-Expansion of grounds under which the postal articles can be intercepted- the security of the state, friendly relations with foreign states, public order, emergency, public safety. Interception-Central Govt can empower any officer to carry out the interception. | Grounds-Interception of the articles on the grounds of – occurrence of any public emergency, in the interest of public safety, tranquillity. Interception- Can be carried out by the central government, state governments, or any officer specially authorized by them. |
| Examination of postal articles prohibited under law or liable for duty | The act removes the power of examination of prohibited parcels of the Indian post official. The Indian Post official has to deliver the parcel to custom authority or any other specified authority for examination. | Under the Indian Post Office Act 1898, an officer in charge could examine a postal article if he suspected that it contained prohibited goods and items |
| Exemption from liability, penalties and offences | Under the new Act, post office or post officials have been exempted from liability for loss, misdelivery, delay or damage of postal articles. | Under the previous Act, the post office and post officials had liability for loss, misdelivery, delay and damage of postal articles. For ex- Theft of postal articles carried upto 7 years jail. |
| Recovery of Unpaid postal charges | Under the new Act, the unpaid postal charges could be recovered as land revenue. | There was no provision for the recovery of unpaid postal charges |
| Regulation of Private Courier Services | The new act has brought the private courier services under its ambit. | There was no provision of regulation of private courier services |
What is The Significance of The New Indian Post Office Act 2023?
1. Sheds the colonial legacy- The newly passed Act sheds the Colonial legacy of the Indian Post Office Act of 1898. This is in line with the decolonisation of various laws like the IPC and CrPC.
2. Addresses the evolving role of Post Offices in India- The role of Post Offices have been evolving in India like the banking roles (creation of India Post Payment Bank). The new Act incorporates provisions to address these evolving roles. For Ex- Creation of Director General of Postal Services to identify the new services which can be offered by post Offices like service delivery.
3. Increased autonomy and Independence- The Indian Post can determine its own rates of services. This provides greater autonomy to the Indian Post, unlike the previous act of 1898 where parliamentary approval was needed for even fixing the rates of postal services.
4. Regulation of private courier services- This will help in effectively regulating the growing private courier service industry to prevent practices like the supply of contra bands like drugs through private couriers.
5. Addresses the changing demands of Digital era- The new Act aims to attenuate the role and functions of the Indian posts to the demands of the digital era.
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What are The Concerns with The Indian Post Office Act 2023?
1. Lack of Procedural Safeguards- The Bill does not specify any procedural safeguards against the interception of postal articles. This may violate the right to privacy, and the freedom of speech and expression. For Ex- Previous acts like the Telegraph Act and the IT Act have rules of interception to prevent violation of right to privacy like Telegraph Rules, 2007 and IT Rules, 2009.
2. Vague Definition of ‘Emergency’- The Act allows interception in ’emergencies’ but doesn’t define emergency. This will lead to potential arbitrary use of power.
3. Exemption from Liability for Lapses in Services- The new Act removes liabilities of the postal department officials with respect to postal delivery. This is in contrast with the rules of liability of other commercial service providers of the government, like the Indian railways. For ex- Railway Claims Tribunal Act, 1987 provides for tribunals to hear cases of liabilities and lapses against railway officials.
4. Removal of all Offenses and Penalties- The earlier offences and penalities against the postal officials in cases of theft, illegal opening of postal articles etc. have been removed in the new act. This may have adverse implications for the right to privacy of individuals.
5. Against India’s International obligations- Article 17 of the International Covenant on Civil and Political Rights states that no one should face arbitrary interference with their privacy. As India is a signatory to the International Covenant on Civil and Political Rights, the new act contradicts with India’s international obligations.
6. Against the SC rulings and Law Commission recommendations- SC in K.S. Puttaswamy case (2017) held the right to communication as a part of the right to privacy to be protected under Article 21 of the Constitution. Further, the 38th Report of Law Commission on Indian Post Office Act, 1898 recommended the incorporation of an explicit definition of ‘public emergency’ in the act. The new Indian Post Office Act fails to incorporate both the directives of both, as it permits arbitrary interception and does not incorporate a detailed definition of emergency.
7. Regulatory Disparities- The Post Office Act 2023 retains the disparities in the regulation of couriers and postal departments. For Ex- The Consumer Protection Act, 2019 is applicable to private courier services, but it does not apply to services by India Post.
| Read More- Concerns related to India’s Post Office and Telecommunications laws |
What Should be the Way Forward?
1. Incorporate Robust Procedural Safeguards- Clear and comprehensive procedural safeguards like oversight mechanisms, judicial warrants must be introduced for the interception of articles transmitted through India Post.
2. Define the Grounds for Interception- The grounds for interception like ‘emergency‘ must be clearly defined as recommended by the 38th Law Commission Report.
3. Balanced Liability Framework- The Post Office’s accountability must be ensured by setting clear rules for liability without jeopardizing its independence and efficiency.
4. Incorporation of the provisions for penalties- A legal framework that holds individuals accountable for misconduct, fraud, theft must be established to safeguard the privacy of individuals.
| Read More- The Hindu UPSC Syllabus- GS paper2- polity- Government policies and interventions for development in various sectors and issues arising out of their design and implementation. |
