Mainstream: New Delhi: Sunday, August 06, 2017.
We are living
in a post-industrialist society. Daniel Bell argued that post-industrialism
would be information-led and service-oriented. When we talk about services,
then two different parts regarding service delivery system comes to our
attention, namely, the service provider and the one at the receiving end. Here,
service receivers are the common people; on the other hand, the providers of
services are often referred to as being either in the private sector or in the
public sector. In general, when we go to explore the relationships of state and
its citizens, then it is the public authority which aims at providing better
services to its own citizens. If the government at different levels is able to
provide all the necessary services which are fundamental to the people for
living a quality life, then it is considered to be a mirror of “Good
Governance”, but if it fails to do so, it represents “Poor Governance or Bad
Governance”. Hence, how the citizen could realise good governance, especially
from the public authorities, is a much-debated issue. In this context, the book,
Right to Information: Empowerment and Good Governance, provides an avenue for
our critical discussion.
The book has
been divided into seven chapters. The first chapter deals with general meanings
of right to information, freedom of information and the constitutional
background of right to information in the Western countries as well as in
India. Professor Singh also explores freedom of information as a ‘global
movement’ in chapter 2. He further highlights country-wise approaches in regard
to right to information. Interestingly, he has shown in his study that other
rights may emerge from right to information. An effective presentation of
consti-tutional and judicial roots of RTI in India is also presented in chapter
3. Chapter 4 discusses Right to Information in India, 2005 where he outlines
some landmark judgements of the Central Information Commission in interpreting
the provisions of the RTI Act, 2005. The last section of this chapter brings
out the fundamental challenges before the Right to Information Act, India. How
the common people would benefit with the help of RTI and how RTI can empower
the citizen is sufficiently explained in chapter 5. Chapter 6 maintains that
right to information could be a highway to good governance. At the same time,
in this chapter the author discusses some recent developments in India
regarding the issue and the civil society movement which ultimately led to the
enactment of the Lokpal Act, 2013. The last and final chapter of this volume
contains some constructive suggestions and comments of the author to overcome
the deficiencies of the existing RTI provisions and what should be done to turn
the RTI Act into an effective tool for a vibrant democracy and national
advancement.
RTI as a
Global Movement
Right to
Information can be seen as a global movement. Here, in this book the author has
shown that more than 50 countries of the globe have already enacted national
legislations for disclosure of information and 30 more countries are in the
process of enacting such laws. Actually, right to information comes from the
right to freedom of information. The United Nations as an international
organisation for promoting human rights and creating a democratic environment
across the globe recognised the necessity of right to information both within
the state territory and outside. In 1946 the UN General Assembly adopted a
resolution which stated that freedom of information is a fundamental human
right. In 1993, the United Commission on Human Rights appointed a Special
Rapporteur on Freedom of Opinion and Expression and declared that Article 19 of
the International Covenant on Civil and Political Rights (ICCPR) imposed ‘a
positive obligation on the states to give access to information’. Even the
Charter of the African Union recognised the right of people to seek and receive
information. In 2008, the Council of Europe’s Steering Committee on Human
Rights (CDDH) adopted the Convention on Access to Official Documents at
Strasbourg. The UNESCO also displayed its commitment towards removing obstacles
on the free flow of information.
If we go by a
country-specific approach in relation to right to information, it will be
noticed that the Swedish Parliament passed the world’s first freedom of
information law. The South African Constitution also guarantees that everyone
has the right to access information held by the state or another person and
that is required for the exercise or protection of any right. The United
Kingdom enacted the Freedom of Information Act in 2000. Earlier in British
politics, there were some secrecy laws contained in the Official Secret Acts of
1919, 1920 and 1939. Because of these Secret Acts, it was very difficult for
the common people to get access to information. In fact, this kind of secrecy
was first minimised when the Local Government (Access to Information) Act, 1985
provided a legal right to information against local govern-ments. It did not
end here; some Common-wealth countries also took similar initiatives in this
regard like the Bahamas, Bangladesh, Kenya, Malaysia, Nigeria, Maldives, Sri
Lanka, Uganda. The countries of the West such as the USA, Netherlands,
Australia, Canada, France, New Zealand and even Japan have already enacted the
Right to Information Act. The author in chapter 2 succinctly presents all these
important aspects. He also talks about the Indian experience comprehensively in
chapters 3 and 4.
We know as a
matter of fact how social activist Aruna Roy contributed to enacting the Right
to Information Act in India. Actually, RTI in India is the fruit of a long
struggle of Ms Roy and her team against corruption. But it is unfortunate that
her role is not highlighted in this book. She founded the Mazdoor Kisan Shakti
Sanghthan (MKSS) to fight bribery and stood for open access to information as
an issue of public interest. She led several campaigns from the front for the
rights of the poor and marginalised. Aruna Roy along with Nikhil Dey and
Shankar Singh fought for ensuring social justice through the right to
information movement. The MKSS campaigned for fair and equal wages for the
workers and that ultimately led to the enactment of the Right to Information
Act, 2005. The Right to Information Act, 2005, does not cover whole territory
of India. It cannot be implemented in Jammu and Kashmir, something not
mentioned in the book.
Nevertheless,
right to information could be viewed as a global movement. It is often observed
that no government takes deliberate action to make laws for openness in
adminis-tration. The government passes laws in this area only because social
activists and civil society organisations force the government and
decision-makers to ensure a responsive and transparent administration. In the
real sense, the political executive lacks willingness in this regard. Actually,
to make a corruption-free country and society right to information has a
critical role. In India, it has been seen recently that black money has become
a major problem. In this circumstance, the people’s utmost desire is the
disclosure of black money account holders by the government, but the government
has little interest in revealing that. In spite of having RTI provision in the
administrative set-up of the country, it is not being used properly due to the
absolute apathy at the government level.
Illiteracy
as Democratic Deficit
Merely making
laws or provisions is not enough for the success of democracy. Democracy focuses
upon inclusive development and such develop-ment, no doubt, rests absolutely on
how the people of a particular country are free from the veil of ignorance. To
overcome this we need mass education. Education is the best solution of every
problem. It makes the people empowered. Only through proper education, people
would be more critical of every policy and decision taken by the government at
different times. In the real sense literacy is the key for socio-economic
progress. At present, the literacy rate of India is 74.04 per cent, according
to the 2011 data, though field studies may give a different picture. Thus, it
signifies that over 30 crore people have remained illiterate till date in the
country. As India is a country of nearly 130 crore people, the significance of
this fact must be fully realised. As many as 30 crore people, meaning the total
population of the United States, are illiterate in India. As huge numbers of
people are not getting the taste of primary education in this country, how is
it possible to use RTI effectively as an instrument for the redressal of
citizens’ grievances? This crucial question has not been dealt with by the
author in this volume.
Will
Empowered Citizens bring Good Governance in Administration?
Professor
Singh has rightly observed that there is a cause-effect relationship between
right to information and good governance. In fact, he asserts that right to
information is the key to strengthening participatory democracy. He also
emphasises on the need for the whistle-blower’s protection for ensuring
transparency, accounta-bility, openness and flexibility in administration. Some
notable examples of good usage of RTI are also brought to our attention. He
mentions in chapter 6 that proper use of right to information can provide good
governance. For example, the applications filled by RTI activists Yogacharya
Anandji and Simpreet Singh in 2008 were instrumental in bringing out the Adarsh
Society scam in public by exposing the close nexus between politicians and
State officials, thereby ultimately leading to the resignation of then
Maharashtra Chief Minister, Ashok Chavan.
The author in
this book offered various means through instances by which one can boost the
confidence to use RTI effectively. There is no doubt that if we utilise RTI in
an efficient way, then people will surely be empowered. In the words of David
Osborne, ‘we don’t need more government, we need better government’. Thus only
a good government can provide us good governance. So the government should take
sufficient measures so that people can use RTI positively to make the
administration more open, dynamic and participatory. If people succeed to
achieve this with the help of the administration, then the hope of good
governance will gradually emerge. All these perspectives are brilliantly spelt
out in this chapter.
Conclusion
In the last
chapter of this volume the author critically evaluates the gaps which even now
exist within the RTI Act especially in India. He gives importance to increasing
awareness in rural areas about RTI, as he aptly notes that mostly the urban
educated people use this Act to enjoy their basic rights. He also points out
that to make information official the local language, in which the application
is made, is most important. Another interesting idea offered by Prof Rajeev
Kumar Singh is the incorporation of the private sector within the ambit of the
Right to Information Act, as today’s age is the era of privatisation due to the
immense impact of globalisation.
However, in
reviewing this book, a few gaps and errors have been noticed. Page 2 of chapter
1 refers to ‘Right to Information and Good Governance’, but the cover page of
the volume reveals something different. Also anyone can argue with the author
when he says on page 215 that predictability is one of the major elements of
good governance. Last but not the least, nowhere in the book has Singh raised
the question which is in fact extremely crucial for the largest democracy of
the world and that is: why did the government take 58 years to enact the Right
to Information Act? The Indian Constitution guarantees people’s rights in
Article 19(1) and it is said that people will enjoy freedom of speech and
expression, but in spite of that the government delayed to make laws on this
basis. Yet, overall the book is a valuable contribution in this area of
research. Moreover, it is a dynamic volume, as it incorporates recent
developments regarding RTI in India. Actually, Professor Singh is right to
convey that Right to Information would be a highway to Good Governance if it is
harnessed properly.