Parliament Passes Bill To Replace 125-Year-Old Indian Post Office Act; Opposition Raises Concerns

The bill, initially introduced in the Rajya Sabha during the Monsoon Session on August 10, successfully navigated both houses of Parliament, after first receiving approval from the upper house on December 4.

The new legislation, aimed at modernising the regulatory framework governing India Post, has, however, sparked apprehensions and criticisms. A central point of contention revolves around the potential ramifications of the bill, particularly vis-à-vis the interception of mail. Section 9 of the legislation empowers the central government to authorise officers to intercept, open, or detain mail on grounds related to national security, friendly relations with foreign states, public order, emergencies, public safety, or contravention of the law.

Critics, including Congress MP Shashi Tharoor, raised alarm over the potential violation of fundamental rights, including the right to freedom of speech and expression and the right to privacy, the latter being accepted as a facet of the fundamental right to life under Article 21 of the Constitution in the Supreme Court's landmark KS Puttaswamy (2017) judgment. The longtime Member of Parliament (MP) for Kerala's Thiruvananthapuram stressed the contrast between the bill's treatment of India Post and the higher accountability standards imposed on private courier companies under the Consumer Protection Act. Section 10, it is important to note, absolves India Post, administered by the central government, from liability for lapses in service, except for liabilities explicitly prescribed by the government. This provision triggered concerns about potential conflicts of interest and the lack of specified procedural safeguards for interception.

Before the crucial vote, Minister of State for Communications Devusinh Jesingbhai Chauhan, however, defended Sections 9 and 10, citing 'national interest' and 'public safety.'

The Post Office Bill proposes several structural changes. It replaces the antiquated Indian Post Office Act of 1898, which granted the central government exclusive privileges over conveying letters. The new legislation shifts the focus to a more citizen-centric service network, allowing India Post to provide services prescribed under Rules, with the Director General of Postal Services appointed to oversee operations.

However, the bill has faced scrutiny for potential shortcomings. Apart from criticism over an alleged lack of procedural safeguards for mail interception, the absence of specified offences and penalties, particularly for unauthorised opening of postal articles, has also sparked concerns about privacy rights.