pio-section-10-severability
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| + | ====== Section 10 — Severability — PIO Framework ====== | ||
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| + | <WRAP center round tip 95%> | ||
| + | **Need help drafting this RTI?** Use our free **[[: | ||
| + | </ | ||
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| + | {{page> | ||
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| + | Part of the **[[: | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line.** A **blanket refusal** of an entire document — when only a portion is exempt — is itself a §10 violation. The PIO must sever exempt content and release the rest, with reasoning recorded in writing. | ||
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| + | ===== Statutory text ===== | ||
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| + | >//Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then access may be provided to that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information.// | ||
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| + | ===== What it means in practice ===== | ||
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| + | A **blanket refusal** of an entire document — when only a portion is exempt — is itself a §10 violation. The PIO must sever exempt content and release the rest, with reasoning recorded in writing. | ||
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| + | ===== Case law ===== | ||
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| + | * // | ||
| + | * //Namit Sharma v. UoI//, (2013) 1 SCC 745 — exemptions must be narrowly construed; §10 is the operational mechanism. | ||
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| + | ===== PIO takeaway ===== | ||
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| + | Default to severance. Redact the exempt item (specific name, specific line, specific paragraph) and release the rest. Record the redaction reasoning in the order. | ||
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| + | ===== Deep dive ===== | ||
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| + | * **[[: | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * Right to Information Act, 2005 — §10 | ||
| + | * Cases cited above (Supreme Court of India and High Courts) | ||
| + | * Digital Personal Data Protection Act, 2023 — §44(3) | ||
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| + | ---- | ||
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| + | //Last reviewed: 24 April 2026.// | ||
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| + | {{tag> | ||
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