Deccan Herald: Mumbai: Sunday, July 26, 2015.
A decade
after: Govt's causal attitude over key postings has rendered the law toothless.
With RTI Act
completing a decade, it is time to take a look back at a historic legislation
which brought in new empowerment to the citizens of the country. But then,
during these 10 years, the country has witnessed murders of over 40 RTI
activists, attempts to constrict powers vested by the Act and refusal of
several ministries and government agencies to divulge information under the
ruse of exemption.
Nearly 10
years after it took shape in India, citizens have used the Right to Information
(RTI) Act across the country to address a wide range of issues. From getting an
electricity.
connection to
road repairs, the citizenry have used the law effectively. But its impact can
best be felt in the arena of corruption, both while exposing and containing the
vice.
One simple
yet powerful example of how effective RTI can be is reflected in this story of
a slum-dweller who wanted a ration card. The protagonist was told that he would
have to pay a bribe of Rs 2,000 to obtain a new ration card. But our friend,
just went ahead and applied for the ration card without giving any bribe or
grovelling in front of officials for pity. The slum-dweller, however, decided
to become the enforcer of good governance. He found out in how many weeks
people who paid bribes got their ration cards. He waited for an extra four
weeks and then applied for information under RTI.
Using the
simple format and with a Rs 10 application fee he delivered it to the public
information officer at the Food and Supply office. He asked up to which date applications
for ration cards had been cleared and the details of the progress of his
application. This shook up the corrupt officials, since this would be written
confirmation that they had given ration cards to others who had applied after
him, which would be conclusive evidence that they had no justification for
delaying his card.
The ration
card was given to him immediately. No bribes, no endless visits and no begging
before the corrupt. Our RTI-empowered citizen was able to enforce the supremacy
of the citizen by using RTI.
The law which
came into effect on October 12, 2005, coinciding with Vijayadashami, for the
first time empowered citizens and they took to it with great enthusiasm. They
owned the law. It is my observation that the RTI movement does not work on any
centralised organisation or leadership. An estimated 30 million applications
have been filed over the years, and it is reasonable to assume that around 10
million citizens are likely to have used RTI.
For the last
decade, the law has been put to use across the nation by citizens acting
individually or through groups or NGOs.
The runaway success and popularity of RTI has started spawning stiff
resistance. Within six months, those at
the helm realised the extent of power they had transferred into the hands of
the masters of democracy.
With great
arrogance, they decided to amend the law and dilute it. We the people had
understood this tool as one which gave us a chance to change the paradigm of
power and convert our defective elective democracy into a participatory one-
the Swaraj we had dreamt of.
Protests
broke out across the nation and the government had to retract. Later on two
other occasions, the government tried to amend the law, but was forced to drop
the idea by an active citizenry. Whereas most people profess their commitment
to transparency, they show great reluctance to being transparent themselves.
Governments have sought to emasculate the Information Commissions by selecting
commissioners who will beholden them, or at times by not appointing the
required number of commissioners.
This coupled
with a lack of commitment by most commissioners has resulted in a waiting
period in certain commissions of one to two years. A majority of them are
retired bureaucrats, who are often not suitable to be information
commissioners. Many non-bureaucrats also suffer from the same weakness. They
are not comfortable with this transfer of power through right to information.
The
bureaucracy has started developing certain standard operating procedures for
blocking information. This coupled with misinterpretation of the law is
constricting this fundamental right. Several officers are taking a very wide
meaning of the exemptions under the law and are not recognising that not
disclosing information is a denial of a fundamental right.
Promoting
transparency
The force of
the law in meeting the objectives laid out in its preamble of promoting
transparency and accountability and containing corruption is being subverted.
It would not be wrong to state that the law is effectively being amended and
its efficacy reduced by ensuring larger denial of information and wearing out
the citizen by delays.
Former prime
minister Manmohan Singh complained about “frivolous and vexatious” RTI
applications. A RTI application to the Prime Minister’s Office (PMO) showed
that the statement was not based on any factual evidence. The present PMO is
not even willing to disclose the names of visitors to the prime minister’s 7,
Race Course Road, residence.
rio where 75
per cent of the staff of public authorities spends 75 per cent of their time in
collecting and furnishing information to applicants instead of discharging
their regular duties.” This, too, is without any basis.
It has been
shown that not more than 3 per cent of the staff spend less than 3 per cent of
their time on RTI related duties.
Overall, the
suo motu declarations by all public authorities is dismal. About 50 per cent of
the information sought under RTI should be available suo motu as per Section 4
of the RTI Act, according to a survey conducted by RTI Assessment and Advocacy
group (RaaG).
Adopting
transparency requires humility and a real commitment to the principles of
democracy. Unfortunately, most people in power suffer from hubris and take
offence at the idea that they are servants of the people.
Citizens
using RTI will have to slowly bring this change in public servants, and for
this there is no alternate to active citizenship. RTI has the potential to
change the soul of governance if citizens use this tool relentlessly and defend
their right passionately and diligently.
RTI in
India
NCPRI and
Press Council of India formulate initial draft of Right to Information law in
1996
NDA govt,
instead, brings in Freedom of Information bill drafted by HD Shourie panel
Introduces
Freedom of Information Bill in Lok Sabha on July 25, 2000
Bill passed
by Parliament in December 2002
President
gives assent on Jan 6, 2003
Central
legislation has seen only partial success as the Act had not been brought into
force, as according to the government, the basic infrastructure required for
its operationalisation had not been fully establishedn Activists, meanwhile,
express concerns that the Act in many respects fell short of people’s
aspirations n UPA, after coming to power, assigns National Advisory Council
(NAC) to suggest constructive changes in the Act of 2002
Following NAC
suggestions, government repeals Freedom of Information Act and brings in RTI
Act
Activists
demand file notings be given under RTI
CIC holds 6
national political parties as public authorities and brings it under RTI in Aug
2013
Bill removes
political parties from the ambit of definition of public authorities but Bill
lapses
RTI
Murders
Around 40 RTI
activists killed in last 10 years
Around 300
assaulted or harassed for filing uncomfortable RTIs
Some
murders for seeking info under RTI:
· Ram Vilas Singh in Lakhi Sarai in Bihar asked police why
an accused in a murder case was not arrested
· Niyamat Ansari sought information on MGNREGS in Jharkhand
· Amit Jetwa on illegal mining in Gujarat's Gir forest
· Satish Shetty for highlighting land grabbing in Pune
· Shimbu Ram Bishnoi of Jodhpur sought access to
information on MGNREGA and PDS
· Nandi Singh of Bishnu of Assam for pursuing
irregularities in PDS in his village
The NDA
government is brutally weakening the RTI Act and shielding itself.
Congress
president Sonia Gandhi in Parliament on May 6
There is a
need for the RTI Act to be directly applicable to corporate houses. That’s
because with the liberalisation of the economy, private companies are closely
working with the governments.(Then) Chief Information Commissioner of India
Wajahat Habibullah on March 27, 2009
Cases/Demands
for bringing under RTI
·
Political parties
·
Sporting bodies like BCCI
·
CBI
·
Corporate Houses
IAS
DOMINATIONon VACANCIES
Over 15 post
of posts of information commissioners lying vacant
Governments
are increasingly preferring retired civil servants over candidates with other
specialisations referred to in the twin RTI laws despite the Supreme Court
advising the Governments to look beyond that pool
More than
3/4ths (76 pc) of the chief Information commissioners across the country are
retired IAS officers. This proportion has gone up from 69 pc in 2014 and 74 pc
in 2012
(The
writer, a former Chief Information Commissioner, is a Mumbai-based RTI
activist)
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