Yahoo India News: New Delhi: Monday, April 30, 2018.
29 Apr 2018:
Draft RTI rules, affecting millions annually, still hang in uncertainty
Nearly a year
after the government came out with the draft RTI Rules 2017, they still lay in
the backburner, with no progress in sight towards their approval.
The delay has
been attributed to objections from sections of the Central Information
Commission (CIC), which means there hasn't been a unanimous agreement yet.
Activists had
argued the draft rules endangered applicants and reduced transparency.
Death:
Proposal to stop proceedings if an applicant dies
Apart from
many other proposals, the RTI Rules 2017 recommends that proceedings on an
application be stopped when the applicant dies.
This is a
worrying factor since attacks on RTI activists aren't uncommon. According to
activist Nikhil Dey, over 65 people have died for exposing corruption since
RTI's implementation.
Just last
year, at least three activists were murdered, two of them in Odisha.
Withdraw:
Proposal to let appellants withdraw RTI applications
Another cause
of concern is a second proposal: that applicants be allowed to withdraw an
appeal if the matter hasn't been heard or order is pending.
This
increases risk for appellants drastically. "The minute you say you can
withdraw, the guy who is affected will be at your throat," Dey says.
By mid-2017,
50 RTI applicants had been attacked in Odisha alone.
Fact:
Recommendations of even more documents than earlier
There are
other recommendations that will likely backfire on those seeking information.
Eg, the proposal mandates more documents than before while applying under RTI.
If they are found unsuitable, the appeal can be returned. "They have made
the process more cumbersome," says activist Anjali Bhardwaj.
PIO:
Proposals are not just harmful, they are irrational
One proposal
is that complaints must be accompanied by a copy of the RTI application
submitted to the Public Information Officer.
However, in
many cases, the PIO refuses to accept an application. Even then, or in
complaints related to non-appointment of PIOs, the appellant has to submit the
PIO-approved RTI application copy, a mandatory requirement.
This is also
in direct violation of SC orders.
Fact:
Suggestions include time limits on filing complaints under RTI
One proposal
is appellants have to file complaints within 90 days of the cause. Afterwards,
request have to be made to accept the delay. However, in most cases, violation
of RTI Act by officials, such as providing false information, comes to light
much later.
Editor's
take: RTI Act, used by 4-6mn people annually, needs strongest clauses
Officials
agree there are some improvements. For one, a mechanism has been introduced to
deal with non-compliance of information commissioners' orders, which is a
common complaint.
But the
overall situation is worrying, especially because the RTI Act is currently the
world's most widely used transparency law: as many as 4-6 million people use it
annually.