Thursday, June 07, 2018

Contentious rules : The RTI rules, 2017, are still to be notified and appear to have been put in cold storage over a few controversial proposals.

Frontline: National: Thursday, June 07, 2018.
FOR the past one year, away from the public eye, an important process has been going on inside the Central government concerning the rules by which the Right to Information (RTI) Act is administered. It began on March 31, 2017, when the Department of Personnel and Training (DoPT) released the draft RTI Rules, 2017, for public comments.
At the time, it was expected that the DoPT would notify the rules after one month, once public comments were received. It has been more than a year since then, but the DoPT has not notified the rules so far. In fact, it appears that the issue has been put into cold storage for now.
This new set of proposed rules was the most consequential, as well as controversial, proposal concerning RTI to be considered seriously in official circles during the Narendra Modi-led National Democratic Alliance government’s tenure.
Frontline has reported on the criticism of the draft rules by civil society groups and opposition parties (“Diluting a right”, May 12, 2017) and on the note of dissent sent to the government by a serving Information Commissioner, Sridhar Acharyulu, in the Chief Information Commission (CIC) (“Draft rules and dissent”, October 13, 2017).
The DoPT files concerning the proposal to draft RTI rules, which Frontline has accessed, reveal how the entire process of changing the rules lacked transparency right from the beginning; how it was not prompted by any urgent issue of public interest; and how some of its provisions do not appear to be in sync with the spirit of the law. The access to the documents was facilitated by the RTI activist Commodore (retired) Lokesh Batra, who procured the files after filing multiple RTI applications with the DoPT over the past five months.
Second draft
Among the documents is a not-yet publicised second draft of the RTI rules.