SAROJBEN RATHWA FILED RTI AGAINST DOCTOR

Ms. Sarojben Rathwa filed complaint against Dr. Harsh Shah and Dr. Shashikant Shah for negligence, in the post delivery treatment to her family member to Gujarat Medical council.

(Medical council is licensing and regulatory Authority for medical practitioners. It has power to cancel the license of the medical practitioner in case where serious negligence found and proved on the doctor’s side.)

Upon not receiving satisfactory and timely reply from Medical Council, she filed an application under Right to Information, asking the copy of:
1. Decision of Medical council
2. Minutes of the meeting in which the complaint was discussed
3. Communication between council and Dr. Harsha & Dr. Shashikant in reference to her complaint.
Gujarat council communicated that it did not know about the Right to Information Act.
Meanwhile, Sarojben contacted RTI Helpline and narrated the whole story.

RTI volunteer telephoned to the registrar of Medical council and briefed him about RTI. Hew also said that Medical Council is public authority and it needs to provide required information to the applicant.

Upon knowing that Medical council does not know about RTI, and have not received any communication or training on the act since its enactment, helpline volunteer gave them a copy of the act and also brief orientation.

The impact was that, Sarojben got all the required information regarding her complaint. The decision of the Medical council was in English. This was then translated and given to Sarojben.

The point that needs to be noted, is authority such as ‘Medical Council’ which has very significant role to play in regulation of medical services was unaware of the act even after six months of enactment of the act.

It is not always the officials in the system are at fault. But if they are not given proper and timely inputs, information and training, they will not be able to respond to the queries of the citizen’s.

USE OF RTI FOR NREGA

Sabarkantha district is one among six from Gujarat that are covered under NREGA. In Balisana village of its Prantij block, workers got the payment as low as Rs.3 to Rs.7 per day for their work.

Sabar Ekata Manch and Janpath did fact-finding survey in Prantij block and where in, similar situations were found in all the works that were done in February and March after enactment of NREG.

Mr. Natu Barot of Sabar Ekata Manch contacted, Mahiti Adhikar Gujarat Pahel for guidance, about how to acquire Muster Roll and Payment Sheets of the works.
Since this information comes under pro-active disclosure category, he was advised to just file an application asking the copy of the muster and payment sheets under RTI.

He got the information immediately after filing an application by paying actual photocopy charges.

When this muster rolls were studied it came into light that, the amount calculated based on the quantum of work is being written in column 7 of the muster Rolls and that which needs to be paid as per minimum wages is being noted in column 10.

There is clear instruction in the printed muster rolls to pay whichever is less from column 7 and column 10. These irregularities and violations were brought to the notice of media through press conference.

A small video film was produced with the help of Janpath, which screened for the media. The issue was highlighted. The gaps in the state government scheme for implementation of NREG were submitted to the government. This built pressure on the government.

The payments made afterwards were all done as per minimum wage provision. And where quantum of work was more the payment doe is more than the minimum wages.

Copy of the muster rolls played key role in effective implementation of NREGA.

RTI SAVED 60,000 RUPEES !!!

Noorjahan (social activist), was asked to pay Rs.1000 towards contribution of puting drainage pipeline in her area in eastern part of ahmedabad. When she asked why should i pay for it? the local leader (contractor) told that municipal corporation has sanctioned only 6 drainage pipelines where all together 18 are needed. Every houshold need to pay Rs. 1000/-.There are in all 60 households in Noorjahan's locality. So the amount came to 60,000/-. Noorajanhan asked the local leader whether he is going to give her receipt, which he refused. Noorjahaan next day visited the camp and filed an application under RTI to ask what is the sanctioned budget, details fothe work sanctioned work etc. Noorjahan alng wiht 25 other local women wnet ot file an application in District Panchayat Office. PIO, initially refused to take application but then upon presurising, called his superior. The record was shown to all the women. The record showed that all the 18 drainage pipelines were sanctioned also 480 ft construction was also sanctioned and they need not pay single rupee fo that. All the women came home and spread the news to each household not to pay single rupee to contractor. But some had already given 1000 Rs. by then. Tomarow, District Panchayat Officer have called meeting where contractor has ben asked to give reasoins for asking such a money.
One of the women from the locality owking as housemaid, was suppose to borrow money from landlady at interest rate of 10% per month. Another khalifaappa, had planned to mortage her ear rings to get Rs.1000. In the open house session held on 10th of July, residents happily shared that RTI saved that 60,000 Rupees!!!

RTI BRINGS ACCOUNTABILITY IN SYSTEM

Shri Anil Ghoda, a volunteer of Snhal Samudaay in Kutch, once visited a family in Rapar block where in male member of the family has turned blind after earthquake, living with his three children and aged mother. His wife had died in earthquake of 2001. His elder son of just 10 yrs age would go for a work to get of Rs.10. The old mother use to beg in the village to feed her grandchildren. Anil was volunteering for an organization called Sneha Samudaay, which was committed for rights of marginalized. He knew that poorest family should get benefit of Antyoday scheme of the government. Thus, he demanded for information about the Antodaya Anna Yojana in Rapar town and how much ration has been provided to Antodaya families in the last six months at PIO, Mamlatdar office.

After a month he again applied asking why he being not given information. He was advice by the mamaletdar to go to fair price shop and get the list. Finally anil went to committssioner with a complaint. It was struggle of 9 months from the day he applied. Finally Anil got the letter form commissioner about the hearing. Anil was pressurized by fare price shop keepers and mamaletdar for not attending the hearing. His parents were given lure of Rs. 20,000 for not sending Anil for hearing. Anil ran away from the house 6 days before the date of the hearing. He stayed at several places in these six days to reach finally to Gandhinagar in the date of hearing.

Appearing state chief commissioner RN Das the Mamlatdar tried to shift the blame to the PDS owners. He also blamed inadequate staff strength in the clerk and deputy Mamlatdar cadre for the failure to reply.
State information commissioner demanded why this information was not proactively disclosed under section 4(1) of the act. And show cause as to penalty should not be imposed. Also, why the applicant should not be financially compensate for the harassment suffered by him in making frequent trips to his office as well as in coming all the way from Kutch to Gandhi Nagar for the hearing.
SCIC ordered to principal secretary food and civil supply and chief secretary Gujarat and consumer affair to ensure that the list of Antodaya and BPL families be displayed and widely publicized in each fair price shop, Panchayat office, District supply office in the collectorate, along with their web side.
Because of which Governmet has passed an order to District collector to Mamlatdars of all Taluka of Kutch district ordered to verify the list of Antyodaya families and submit the report within a month. Mamlatdars personally visited each family and verified the Antyodaya families he also ordered that eligible poor people should be included in the Antyodaya and BPL list and rich people should be deleted from the list. Because of this, fake names were found in the list. Mamlatdar sealed the five fair price shops in Rapar taluka and the verification process is going on.

RTI FOR PERMANENCY OF FOREST WORKER

Ashokbhai worked in a nursery run by the forest department for years. When he was denied permanency from the department he filed a case in the court. Department argued in the court that, Ashokbhai has not completed 240 days of continuous work thus cannot be given permanency. As per the government there was shortage of “HALF DAY” to complete 240 days of work for last year.
Ashokbhai lost his job and his family of disrupted. His wife decided not to stay anymore wit him. Once RTI was in place Ashokbhai asked for all the muster rolls of last 25 years from the forest department. It was not easy to get it. Ashokbhai has to file first appeal and then finally second appeal in the commission. In the hearing of second appeal Chief Information commissioner Mr. R. N. Das, ordered the PIO of the department to furnish complete information to Ashokbai. This was interim order.
Meanwhile District Forest Officer invited Ashokbai to his office to request to withdraw the application from the commission. Ashokbhai firmly denied and said that if DFO pressurizes him, he will again complaint to the commissioner. Lastly DFO had to give the muster rolls of last 25 years. Ashokbhai calculated his days of work he got his “HALF DAY” from the muster rolls.
Ashokbhai is again moving to court with all the information for his permanency case and is confident to fight till he gets he get his JOB
Ashokbhai now spreads RTI wherever he goes. He gives lectures on RTI in workers meetings. He volunteers his time for teaching about RTI to workers in trade unions.

HEALTH SERVICES IMPROVED BY RTI

HEALTH SERVICES IMPROVED FOR SALT PAN WORKERS
Shailesh Patel, from Agariya Heet Rakshak Manch, filed an application of seeking information:
1. Details of the each of the patient attended by Comprehensive Mobile health Van Unit, in the last six months from Surendranagar district of Gujarat. (This mobile health van are allotted for health check-up for salt pan workers)
2. The details asked were: (Name of the patient, address, type of disease, medicine given, treatment given, follow-up done)
3. Copy of the route plan and logbooks of the mobile health Van

He didn’t receive the information within thirty days. After thirty days, he receives intimation from the authority, to pay Rs.3600 which includes the charge for making data entry of the information and cost of photocopying.

Shailesh, calls up the PIO, learns that PIO have not received any training for the same Shailesh, thus made him understand about various provisions of the act.
PIO apologize to Shailesh for not providing information. Soon, he gives all the required information on CD free of cost, as per provision of act. PIO also asks Shailesh to help him out in future if needed any guidance.

The information received was circulated amongst the saltpan workers, which created awareness and local monitoring system. The Comprehensive mobile health van now started visiting the workplaces.

Agariya Heet Rakshak Manch offered free announcements of the health van visits in their weekly Radio programmes. This helped in making the services more effective and accountable.

The Salt-pan workers of Gujarat, stays in little Run of Kutch, for more than 8 to 10 months. The worksites are generally 20 to 30 km away form the revenue villages.
The availability of health check-up and treatment services reduced their expenses on medicines. Their workdays were saved and thus adding to their income.