Tuesday, October 15, 2024

Nineteen years on, how has the RTI Act fared?

The Leaflet: National: Tuesday, 15 October 2024.
Citizens and media must defend their right to information failing which the RTI Act will be converted into a right to deny information, writes Shailesh Gandhi.
THE Right to Information (RTI) Act completed 19 years on October 12, 2024. When it was first rolled out, it created great enthusiasm among citizens who saw the possibility of ensuring accountability and transparency from their government.
We call India the world’s largest democracy, but this has not translated into welfare and good governance for the ordinary citizen. Democracy is defined as ‘rule of the people for the people by the people’, but the truth is that when an ordinary citizen goes to a government office, they often come out feeling hurt, humiliated and frustrated.
For the first time, we had a law that recognised the sovereignty of the individual citizen and recognised that she was giving legitimacy to the government and all public servants.
It also recognised the fact that the government held all information on behalf of citizens. Citizens who were empowered used RTI to redress their grievances and expose corruption.
The RTI Act does not have a list of information that the citizen could access but instead has a small negative list of information that could be denied to the citizen. All other information had to be shared with the citizens.
This was one of the best transparency laws in the world but it is not delivering the promised fruits and better governance because various instrumentalities have not been following the law but are mutilating it.
The Act recognises that all existing information must be given to a citizen on demand and mandates a personal penalty on a public servant if he denies information within 30 days without reasonable cause.
For dissatisfied citizens, it provides for an appeal with a senior officer within the department and if this is not satisfactory, the law creates a second appellate authority in terms of an Information Commission. It gave adequate authority to the commissions to get their Orders implemented.
The RTI Act does not have a list of information that the citizen could access but instead has a small negative list of information that could be denied to the citizen.
The Information Commissioners were to be selected by the committee consisting of the Prime Minister, Leader of the Opposition and one other minister for the Central Commission and the chief minister, Leader of the Opposition and one other minister for the state commissions.
This became the weak link of the RTI Act. Commissioners were selected without any transparent process and, in most cases, the posts were given to people who could work the bureaucratic and political network.
Consequently, a large number of commissioners were selected who had no predilection for transparency nor any love for it. Many of them looked at these positions as post-retirement sinecures or rewards for favours done while in service.
They did not recognise or understand the significance of the right to information as a fundamental right arising out of Article 19(1)(a) of the Constitution. The law had specifically stated that no reasons need to be given for seeking information.
Commissioners and courts started asking applicants to explain reasons why they wanted information. If the answer did not satisfy them, they denied the information to the applicants.
This has been further aggravated by the fact that many commissioners in the country do not work with any seriousness. Many of them do not work for even 40 hours a week. The disposal of cases is absolutely unacceptable in most cases.
Many commissioners dispose of 50 to 100 cases in a month. They should be disposing about 400 to 500 cases per month, as some do. As a benchmark, I may mention that the average disposal of cases in Indian high courts, which are more complex, is above 200 cases per month.
The backlogs in information commissions are increasing steadily and RTI cases are being delayed at commissions for six months to four years. Citizens lose interest in trying to enforce the law and public servants have started neglecting their duties mentioned in the law. This results in citizens losing faith in the law.
Another major setback to RTI has been the gross misinterpretation of Section 8(1)(J) of the RTI Act. This Section was meant to exempt information which would lead to any invasion on the privacy of an individual.
Keeping in mind the fact that it may be difficult to define privacy, the Indian Parliament had crafted the Section in a careful and skillful manner.
This Section exempts:
“Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.
“Provided that the information, which cannot be denied to the Parliament or a state legislature, shall not be denied to any person.”
Generally, most of the information in public records arises from a public activity. The Public Information Officer (PIO) has to decide whether it is an invasion of privacy. Privacy is to do with matters within a home, a person’s body, sexual preferences etc.
This is in line with Article 19(2) of the Constitution. Then the PIO must record his subjective conclusion that he would not give the information to the Parliament or state assembly.
Commissioners and courts started asking applicants to explain reasons why they wanted information. If the answer did not satisfy them, they denied the information to the applicants.
Unfortunately many public servants, commissioners and courts deny information just by saying it is personal information. This is not in line with the law or the Constitution. This could be a major loss for citizen’s fundamental rights under Article 19 (1)(a).
Citizens and media must defend their right to information failing which the RTI Act will be converted into a right to deny information.

Gov felicitates 8 Public Information Officials on 19th Anniversary of RTI Act

Garhwal Post: Dehradun: Tuesday, 15 October 2024.
On the 19th anniversary of the Right to Information (RTI) Act, Governor Lt General Gurmit Singh felicitated 8 public information officers and first appellate officers for their outstanding work during a programme organised by the Uttarakhand Information Commission, here, today.
Among those honoured were the Deputy General Manager of Uttarakhand Transport Corporation, Pradeep Sati, former Chief Development Officer of Haridwar, Prateek Jain, and District Development Officer of Haridwar, Ved Prakash, for their exemplary performance as departmental appellate officers. The public information officers recognised included Station House Officer Gopal Datt Bhatt, District Development Officer Sangita Arya, Assistant Regional Transport Officer Pankaj Srivastava, Senior Marketing Officer Radhika Binjola, and Under Secretary of the Medical Education Department, Richa.
The Governor congratulated the awardees and emphasised the importance of information exchange for establishing accountable governance. He stated that a transparent and responsible institution views information sharing positively and highlighted the critical role of RTI in strengthening democracy. He urged increased focus on hill districts, where RTI applications are notably low, and called for greater awareness and participation of women in the process.
The Chief Information Commissioner, Vivek Sharma, reported that from the establishment of the Uttarakhand Information Commission until August 2024, a total of 56,939 second appeals/complaints have been received, with 56,008 resolved. He noted the introduction of online request facilities for citizens.
The event also featured insights from Information Commissioners and participation from various dignitaries, reinforcing the need for transparency and good governance through the RTI Act.

Surest way to cause a death blow to RTI Act,’ says P Chidambaram questioning 8 vacant information commissioner posts: Written By Gulam Jeelani

Live Mint: National: Tuesday, 15 October 2024.
The Supreme Court had last year urged the Centre o fill vacancies in the Central Information Commission, which currently has eight unfilled positions. Chidambaram criticised the government, alleging that this neglect undermines the Right to Information Act and hinders its proper functioning.
Senior Congress leader P Chidambaram has questioned the government on vacancies in Central Information Commission (CIC) accusing it of dealing a ‘death blow’ to the Right to Information (RTI) Act by not appointing information commissioners.
At present, the former Union Minister said, eight vacancies of information commissoners are vacant in the panel.
“The Central Information Commission should have, under the RTI Act, a Chief Information Commissioner and 10 Information Commissioners. At present, there are in place only the CIC and two Information Commissioners,” Chidambaram said in a pist on X.
8 vacant positions:
“Eight posts of Information Commissioners are vacant Why? Is it because the RTI Act has been used to pierce the veil of the government and hold the government to account?,” he asked.
According to the RTI Act, the CIC shall consist of the Chief Information Commissioner and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary. The same holds true for State Information Commissions (SIC).
The central government amended the RTI Act and changed the rules governing the conditions of service of Information Commissioners all with the intention of crippling the role of the RTI Act, Chidambaram alleged
“The surest way to cause a death blow to the RTI Act is to not appoint Information Commissioners,” said.
The vacancies hinder the smooth functioning of the information commission, leading to delays in resolving RTI cases, the Congress leader said.
The surest way to cause a death blow to the RTI Act is to not appoint Information Commissioners.
The vacant positions in information commissions have reached the courts too. In October last year, the Supreme Court directed the Centre and the States to immediately take steps to fill up vacancies in the CIC and SICs before they became “defunct” and rendered the citizens’ right to know under the RTI Act a “dead letter.”
A three-judge Bench headed by the Chief Justice of India DY Chandrachud gave the Centre three weeks to collate data from the States on the sanctioned strength of the CIC and SICs.

Monday, October 14, 2024

Challenges remains in Guj's RTI implementation.

Times of India: Ahmedabad: Monday, October 14, 2024.
A recent nationwide study revealed Gujarat's "moderate" performance in the case of the Gujarat State Information Commission (IC) in implementing the Right to Information Act. The Report Card on the Performance of Information Commissions in India, 2023-24 by Satark Nagrik Sangathan (SNS) states that Gujarat's IC is operating at full capacity and registered 8,342 appeals and complaints, disposing of 5,597 in the past year. This performance is better than states like Jharkhand, Tripura, Telangana, and Goa, where ICs were non-functional due to vacancies.
However, Gujarat's backlog of 6,131 cases raises concerns. While significantly lower than Maharashtra's 1.08 lakh pending cases, it indicates room for improvement. "The estimated waiting time for case disposal in Gujarat stands at one year and one month, far better than Chhattisgarh's alarming 5 years and 2 months," states the report. 
Gujarat IC imposed penalties in 115 cases, totalling Rs 6.43 lakh, showcasing moderate enforcement. This contrasts with Uttar Pradesh and Chhattisgarh's higher penalties and the complete absence of penalties in Jharkhand, Telangana, and Tripura. The report notes that Gujarat did not provide information on showcause notices issued under the penalty clause.
Transparency remains a strong suit for Gujarat, with the timely publication of its annual report. Many states lag behind in this crucial aspect of accountability. Maharashtra and Uttar Pradesh lead in case handling, each managing over 27,000 cases. However, severe backlogs plague several states, with Karnataka (50,000+), Tamil Nadu (41,241), and Bihar (25,101) struggling to keep pace.

TN info panel must make entire process online like that of union govt, say activists.

New Indian Express: Madurai: Monday, October 14, 2024.
According to RTI activist R Ramakrishnan, the main aim of the Act is to ensure transparency and prevent bribery.
While 19 years have passed since the Right To Information (RTI) Act came into effect on October 12, 2005, RTI activists urged the Madurai branch of the Tamil Nadu State Information Commission (TNSIC) to ensure the proper implementation of section 4(1b) of the Act (which elaborates the particulars of the organisation, functions and duties of its employees, among others).
It also emphasised on the need to make the entire process of application online in the state.
For many, the RTI Act, which has played a major role in unravelling scams across the nation, offers a second freedom. As the Act enters its 20th year of implementation on October 12, 2024, TNIE spoke to some RTI activists, working towards social causes, and inquired about the changes and improvisations to be made in the enforcement of the Act.
According to RTI activist R Ramakrishnan, the main aim of the Act is to ensure transparency and prevent bribery. "However, at present, there are only a few people employed in the State Information Commissioner's office. Though the Tamil Nadu government had invited applications for the post of State Information Officer six months back, no one has been appointed till now. If the government really wants to offer the fruits of RTI to the people, then it should ensure sufficient funds and manpower," he pointed out.
Ramakrishnan alleged that most of the Public Information Officers (PIOs) of TNSIC (Madurai) often refused to provide the sought information, forcing petitioners to opt for frequent appeals.
"As per section 20(1) of the RTI Act, a penalty of Rs 25,000 can be imposed against the PIOs who refuse to give necessary details, and section 20(2) recommends departmental action against them. However, in reality, most of the state information commissioners do not take any action under section 20(2)," he said.
Further, under section 7(6), information sought by the petitioner must be provided within 30 days, and 25 pages of the required documents would be served free of cost. If it exceeds 25 pages, the petitioner has to pay Rs 2 for every other page.
"Despite this, petitioners are many a time asked to pay Rs 2 even when the documents, served after 30 days of filing the petition, are just above 20 pages," Ramakrishnan said, adding that the state government should appoint a State Information Commissioner who understands the regional language to ensure the Act's thorough implementation.
Speaking to TNIE, Madurai-based RTI activist C Anandaraj said that he has filed around 8,000 RTI petitions related to health care since 2009. "All through these years, I never stopped until I received the information, and kept on monitoring the process.
As per section 4(1b) of the Act, information sought through petitions must be revealed by the authorities concerned. Yet, nowadays, PIOs deliberately refuse to provide information citing certain sections," he alleged, and urged for the setting up of proper monitoring mechanisms.
Even though the RTI Act was implemented in 2005, the Tamil Nadu government failed to conduct sufficient awareness programmes for the people or offer training to the PIOs, Madurai-based RTI activist K Hakkim told TNIE.
"As per section 5(3), if anyone wants to file a petition under the Act, then the PIOs have to come forward and render reasonable assistance. But, this is does not occur in reality," he said.
He further urged the state government to take measures to convert the entire process into online mode.
"The central government has switched the entire process to online mode and has been handling an average of 30 lakh petitions annually. Whereas in Tamil Nadu, while 4,10,000 petitions are filed, only three departments handle the petitions virtually. Even in this digital era, petitioners are forced to file applications manually, write the request on paper, get stamps from post offices and send the petition. If the government really wants to curb bribery, then it must implement all the sections of the Act effectively," he said.

Manipur High Court directs Chief Engineer of PHED to produce records for recruitment of 91 Section Officers.

Imphal Times: Rinku Kumuchkam: Imphal: Monday, October 14, 2024.
The Manipur High Court has directed the Chief Engineer of the Public Health Engineering Department (PHED) to produce relevant official records related to the recruitment and appointment of 91 Section Officer Grade-I posts, as per the notification dated 10.11.2023, before the Court.
This directive was issued in connection with a writ petition filed by Thokchom Bebina, Superintending Engineer, Urban Circle, PHED, challenging an order passed by the Manipur Information Commission on 22.08.2024.
The Commission had ordered the furnish of the information requested under the Right to Information (RTI) Act by Rishikumar Soraisham and imposed a penalty of Rs. 25,000 to Thokchom Bebina, SPIO of PHED for failing to provide the requested information.
The case originated from an RTI application filed by Rishikumar Soraisham, seeking details regarding the recruitment process, including his answer script, marks secured, cut-off marks for OBC candidates, and other related information.
During a hearing on 5th September 2024, the petitioner’s counsel argued that the petitioner had already written to the Chief Engineer of PHED on 30.08.2024, requesting the release of four out of the six pieces of information sought by the respondent under the RTI Act.
The petitioner’s counsel further assured the Court that these documents would be furnished within two weeks of receipt. Regarding the remaining two pieces of information, which pertain to third parties, a notice would be issued to the third party, and their consent would be obtained before furnishing the information.
After hearing the submissions, the High Court suspended the Information Commission’s penalty order and directed the petitioner to provide the documents related to items 1 to 4 within two weeks. The next hearing, initially scheduled for 09.10.2024, was rescheduled to 10.10.2024.
During the hearing on 10.10.2024, the Court noted that, despite its clear order, the required documents had not yet been furnished by the Chief Engineer to the petitioner. Following the Chief Engineer’s failure to provide the documents, the Court directed the Chief Engineer to produce the official records related to the recruitment and appointment of 91 Section Officer Grade-I posts, as per the notification dated 10.11.2023, before the court by the next hearing.
Additionally, the Court has instructed the State Chief Information Commissioner of the Manipur Information Commission not to proceed with Appeal Case No. 44 of 2024 without the Court’s permission.

Residents of two ex-CMs’ villages unaware of RTI Act: Survey.

Tribune India: Sunita Dhawan: Rohtak: Monday, October 14, 2024.
0% residents of Hooda’s village, 85 % of Khattar’s village clueless about RTI
It has been 19 years since the Right to Information (RTI) Act came into force. However, a majority of people are still not aware of the RTI Act. This has been indicated by the findings of a survey conducted in the native villages of former Haryana Chief Ministers Bhupinder Singh Hooda and Manohar Lal Khattar by the Haryana Soochna Adhikar Manch.
The convener of the manch and noted RTI activist Subhash said the purpose of the survey was to assess how many people in the rural areas were aware of the RTI Act
Hooda’s native village Sanghi and Khattar’s native village Baniyani, both of which are in Rohtak district, were selected for the survey, “he stated, pointing out that Sanghi and Baniyani are located at almost equal distance from the district headquarters on Panipat and Bhiwani roads, respectively. The survey revealed that almost 70 per cent residents of Sanghi village did not know about the RTI Act, though 5 per cent residents of the village had utilised the RTI Act.
Subhash disclosed that 300 residents of Sanghi village, including 200 men and 100 women, participated in the survey. The participants included in the survey were in the age-group of 20 to 70 years. These included serving and retired employees, farmers, shopkeepers, private workers and home-makers (housewives).
"Only 30 per cent of the residents were aware of the RTI Act, while 5 per cent of them had used it to get information from various departments. 15 per cent of the village residents said they had heard about the RTI Act, but knew only that it was a law to demand information from the sarpanch,” said the survey report.
In Baniyani village, 200 residents, including 150 men and 50 women participated in the survey. Of them, 85 per cent residents did not know about the RTI Act, while 2 per cent of them had used the Act to seek information.
he participants included unemployed persons, labourers, farmers, self-employed residents, students and housewives. Shockingly, 99 per cent of the women surveyed in Baniyani village had not even heard about the RTI Act.
“Among the men, 15 per cent had heard about the Act and 2 per cent had also used it,” said the report. Subhash said as per the survey, a majority of the residents of both Sanghi and Baniyani villages were not aware of this law. “Most people are not aware about the preparation of RTI application, the procedure to file it and payment of application fees. Especially, the women lack knowledge about the Act and its utility. The common perception about the RTI Act in the villages is that it is a law for seeking information from the sarpanch,” he said.

Sunday, October 13, 2024

19 साल का हुआ सूचना का अधिकार, आंकड़ों में देखें आरटीआई का अबतक का सफर.

Navbharat Times: Sunday, October 13, 2024.
सूचना का अधिकार अधिनियम 2005 ने आज 19 साल पूरे कर लिए हैं। आज के ही दिन आरटीआई एक्ट 2005 में शुरू हुआ था। लेकिन इस मौके पर एक रिपोर्ट में चिंता जताई गई है कि देशभर के 29 सूचना आयोगों में 4 लाख से ज्यादा अपीलें और शिकायतें लंबित हैं।
4 लाख से ज्यादा मामले पेंडिंग
यह रिपोर्ट पारदर्शिता कार्यकर्ता अंजलि भारद्वाज के नेतृत्व वाले सिविल सोसाइटी ग्रुप सतर्क नागरिक संगठन ने तैयार की है। रिपोर्ट के मुताबिक 30 जून 2024 तक देश के अलग-अलग सूचना आयोगों में 4,05,509 मामले लंबित हैं। रिपोर्ट में कहा गया है कि महाराष्ट्र सूचना आयोग में सबसे ज्यादा 1,08,641 अपीलें और शिकायतें लंबित हैं। इसके बाद कर्नाटक (50,000), तमिलनाडु (41,241) और छत्तीसगढ़ (25,317) का नंबर आता है।
क्या कहते हैं आंकड़े?
रिपोर्ट बताती है कि 31 मार्च 2019 तक 26 सूचना आयोग में कुल 2,18,347 मामले लंबित थे। जून 2022 में यह संख्या 3 लाख के पार चली गई। इस साल यह संख्या बढ़कर 4,05,509 हो गई है। इस बीच, 27 आयोग सूचना द्वारा 1 जुलाई 2023 और 30 जून 2024 के बीच 2,31,417 अपीलें और शिकायतें दर्ज की गईं। इसी अवधि के दौरान, 28 आयोगों ने 2,25,929 मामलों का निपटारा किया।
राज्यों में सूचना आयोग की क्या स्थिति?
रिपोर्ट में एक और चिंताजनक बात सामने आई है। रिपोर्ट कहती है कि पिछले एक साल में सात सूचना आयोग झारखंड, तेलंगाना, गोवा, त्रिपुरा, मध्य प्रदेश, उत्तर प्रदेश और छत्तीसगढ़ अलग-अलग समय के लिए निष्क्रिय रहे। इनमें से चार आयोग झारखंड, तेलंगाना, गोवा और त्रिपुरा अभी भी निष्क्रिय हैं।
मामलों में देरी की क्या है वजह?
यहां तक कि केंद्रीय सूचना आयोग भी लगभग एक साल से केवल तीन आयुक्तों के साथ काम कर रहा है, जिसमें प्रमुख भी शामिल हैं। रिपोर्ट में सीआईसी में लंबित अपीलों और शिकायतों पर ध्यान आकर्षित किया गया है, जो 30 जून तक 22,774 मामले थे। रिपोर्ट में कहा गया है कि मामलों के निपटारे में देरी के लिए दो कारण जिम्मेदार हैं- आयोगों में रिक्तियां और आयुक्तों द्वारा धीमी गति से निपटान।

Awareness campaign on RTI launched.

The Hans India: Pradeep Veenalankati: Sunday, October 13, 2024.
As part of the National Right to Information (RTI) Act Week celebrations, a wall poster ‘Prajalara Melukondi’ and a brochure ‘Prajala Chetillo Paashupataastram - Samachara Hakku Chattam’ (RTI Act: The People’s Weapon) were released here on Friday.
District Consumers Association president P Raja Reddy, who attended the event as the chief guest, emphasised the importance of the RTI Act. 
He highlighted that the Act, born out of the out of the social movements led by activists like Anna Hazare and Aruna Roy, plays a crucial role in curbing corruption, misuse of power and administrative negligence by ensuring that citizens can easily and quickly access information can easily and quickly access information. He urged citizens to make full use of the RTI Act, which was designed to bring transparency and accountability in governance, while protecting the rights of the common people. RTI district convenor M Srinivasulu, along with activists like Kumaraswamy Naidu, V Muni Chandrappa Reddy, Upendra and Gandhi Murali Mohan, also addressed the audience. 
They reiterated that the RTI Act holds everyone accountable, from village secretaries to the President of India, with no exemptions. The speakers encouraged the public to use this powerful tool responsibly and selflessly for the greater good.

Meghalaya: RTI activist alleges vehicle act violation by Home Dept during Covid.

NEnow: Guwahati: Sunday, October 13, 2024.
RTI activist Disparsing Rani has accused the police and home department in Meghalaya of violating the Motor Vehicle Act by hiring private vehicles during the COVID-19 pandemic.
Rani asserts that this move was in contravention of Section 60 of the Motor Vehicle Act, 1988, which prohibits the hiring of private vehicles by the police and only permits commercial vehicles.
Rani claimed that 156 private vehicles were requisitioned by the state government, despite the legal restrictions.Furthermore, Rani claimed that there may have been a collusion between the private vehicle owners and the police, which facilitated this unlawful arrangement.
The allegations made were based on RTI queries, which also claimed that there was a huge outstanding payment to private vehicle owners.
An amount of Rs 10,45,78,093 remains unpaid to the owners of these vehicles, as per the information received from nine districts. Notably, Ri Bhoi and South West Garo Hills districts failed to furnish the required information, he said.

UP govt did not consult or inform army before denotifying ‘buffer zone’ village in Ayodhya: RTI.

News Laundry: Shivnarayan Rajpurohit: Ayodhya: New Delhi: Sunday, October 13, 2024.
The denotification has opened Majha Jamthara village, where Adani had bought land, for commercial activity.
Uttar Pradesh government before the latter “de-notified” a village, earlier reserved as a buffer zone for the army’s firing and artillery practices near the Ayodhya cantonment, as per a Right to Information response. The denotification, announced by the state government over four months ago, has unlocked the village, Majha Jamthara, for commercial activity.
The village is a few kilometers from the Ram Temple complex and close to the Saryu river. Months before the Ram Temple consecration in January this year, an Adani Group subsidiary, close associates of yoga guru and businessman Baba Ramdev, spiritual leader Sri Sri Ravishankar, and several other high-profile individuals bought land parcels in the village. Earlier, Majha Jamthara and 13 other villages in its vicinity were notified by the UP governor for a period of five years up to 2025 as a buffer zone for the army’s artillery exercises. 
It was done to keep “common citizens safe from any untoward incidents during firing” under Section 9(2) of the Manoeuvres Field Firing and Artillery Practice Act of 1938. As notified, the buffer zone land is managed by the revenue department, and its use is limited to agriculture, and no permanent structure could be built on it, according to sources.
In the run-up to the Ram temple construction, the village has become prime land due to its proximity to the temple complex and growing religious tourism.
Ayodhya cantonment kept in dark
The said RTI application was filed by Ayodhya-based lawyer Praveen Kumar Dubey last month, asking if the army was consulted and informed, and gave approval for the denotification. In reply to the application, the Ayodhya Cantonment administration said: “Before the state civil administration denotified Majha Jamthara, this office was not informed about it.” The reply dated October 8 further noted that the Ayodhya Cantonment had not given consent — “orally or in writing” — to the state government’s decision. 
But Dubey claimed that just like the notification process, the state government should inform and consult with the army before de-notifying land parcels under the 1938 Act. A government lawyer said since the village land is not owned by the army, the state government was well within its rights to denotify the village. 
When asked about the procedure for denotification and if it was mandatory for the state to consult the army, he said, “We are discussing with legal experts to learn more about legal provisions for denotification.” Ayodhya district magistrate Chandra Vijay Singh could not be reached for comment as his phone was switched off throughout the day.This report report will be updated if we are able to get a comment.
In the Lucknow bench of the Allahabad High Court, before which the army and the UP administration are fighting a legal battle, the state government did not disclose if it consulted the army for denotification. On September 30, Zuhair Bin Sageer, special secretary with the department of general administration, informed the court that the denotification proposal was received from Ayodhya DM Singh. Another point of legal contention is “un-authorised construction” in the 14 villages. Since February last year, the army has informed district authorities about alleged encroachment.
Newlaundry had earlier reported how encroachment has hindered the army’s drills
On September 30, the army informed the court that its heavy artillery exercises have been “greatly limited” due to “encroachment” in 14 villages, spread over 13,391 acres. Majha Jamthara is spread over 2,211 acres. The court directed the Ayodhya Development Authority to “approve maps” — on a case-by-case basis — in the notified area along with no-objection certificates from the army. The court is hearing a case on alleged encroachment in the buffer zone and is likely to decide on the merits of the denotification process in upcoming sittings.

DoP&T rejects RTI plea for data on disabled UPSC candidates’ certificates, Maharashtra Congress leader says will file PIL.

Indian Express: Pune: Sunday, October 13, 2024.
Akshay Jain, the general secretary of Maharashtra State Youth Congress, filed an RTI plea in light of the Puja Khedkar controversy.
Maharashtra Youth Congress leader Akshay Jain has said that the Department of Personnel & Training (DoP&T) has denied his request under the Right to Information (RTI) Act for details of the disability certificates of candidates selected in the Civil Services Exam conducted by the Union Public Service Commission. Jain, the general secretary of Maharashtra State Youth Congress, has said that he will now file a public interest litigation before the Supreme Court on this matter.
The DoP&T said the information sought by Jain “contains the personal information of the third party, the disclosure of which may cause unwarranted invasion of the privacy of the individual”.
Jain had initially filed an RTI plea with the UPSC on July 22 in light of the Puja Khedkar controversy. Khedkar was discharged as an IAS probationer by the UPSC in September due to alleged forgery in certificates and multiple attempts to crack the service by changing her name.
“IAS officers are public officials so their disability certificates cannot be a private matter. I filed an RTI with the UPSC to obtain the disability certificates of candidates under the disability quota from 2016 to 2024 and a list of their allotment, which was then partially transferred to DoP&T. UPSC said the allotment details for handicapped candidates are not separately maintained but are a part of the CSE result available online, and the DoP&T refused to provide the disability certificates on grounds of privacy,” he said. The UPSC replied to Jain’s plea on August 21 and the DoP&T on September 3.
“I filed this application after listening to discussions on people taking unfair advantage of the disability quota after the Puja Khedkar incident. Even the UPSC’s press release dated July 19th mentions that Khedkar changed her parent’s name, photo, etc to appear for multiple attempts but does not say she faked her disability certificate. This shows that UPSC has something to hide,” he alleged.

Some RTI appeal bodies defunct, others burdened with large backlogs: Report.

The Hindu: New Delhi: Sunday, October 13, 2024.
The Right to Information advocacy group Satark Nagrik Sangathan (SNS)’s annual assessment found that seven State-level information commissions were non-functioning for at least some time over the last year.
The Satark Nagrik Sangathan (SNS) said in an assessment of State Information Commissions (SICs) that four have become completely “defunct,” with no commissioners to hear appeals under the Right to Information Act, 2005. This essentially makes appeals of responses to RTI applications to four State governments — Jharkhand, Tripura, Telangana, and Goa — essentially infructuous until commissioners are appointed.
Jharkhand’s State Information Commission has been defunct for four years. In spite of the vacancies in that commission being brought to notice annually, and mentioned before the Supreme Court, nobody has been appointed to the Jharkhand SIC. Tripura’s SIC has similarly been defunct for three years. Telangana’s SIC has been defunct for 19 months. Goa’s SIC has been defunct since March following the retirement of the Chief Information Commissioner of that body. 
“The absence of a chief information commissioner has serious ramifications for the effective functioning of the ICs since the RTI Act envisages a critical role for the Chief, including superintendence, management and direction of the affairs of the information commission,” the SNS said in its report. Chhattisgarh, Maharashtra, Uttarakhand, Karnataka and Odisha’s SICs are currently functioning without a chief.
Both at the Central Information Commission (CIC) and SICs, there are massive backlogs, meaning RTI appeals can take months, if not years, to be heard and ruled on. Maharashtra tops the list in this regard, with 1,08,641 appeals and complaints pending for hearing. Using the monthly rate of disposal, SNS estimates that Chhattisgarh would take over five years to dispose of an appeal, with Bihar and Odisha taking four and a half and four years respectively. Even the CIC, though staffed with information commissioners and a chief, has an effective waiting period for hearing of one year and four months. 
Even the statutorily required annual report to be submitted by the SICs has not been carried out. While the Andhra Pradesh SIC has not submitted any report at all since at least the bifurcation of the erstwhile State, most SICs have not submitted an annual report to the State legislature for years, and some that have, did not post this report online. 

Konkani lovers appeal to govt for translating RTI Act into Devanagari, Roman scripts.

Herald Goa: Walwyn D'souza: Margaon: Sunday, October 13, 2024.
GKF offers help in Roman script translation; concerned the Act may be translated only into Devanagari.
Raising concerns about which Konkani script will be used for translating the RTI Act in the State’s official language, supporters of Roman script on Saturday called for the Act to be translated into both Devanagari and Roman scripts to benefit all Goans.
The development follows the State Information Commission’s announcement that the RTI Act will be translated into Konkani, the State's official language.
The Global Konknni Forum (GKF) has offered assistance in translating the Act into Roman script.
Speaking to O Heraldo, GKF president Kennedy Afonso questioned the Commission and the government regarding the script choice.
He said, “The minority community of Goa, which constitutes nearly 33 percent, reads and writes Konkani in Roman script, and Goans should also benefit from the RTI Act.”
He said that it would be the right decision to translate the RTI Act into both scripts - Roman and Devanagari script.
GKF secretary Jose Salvador Fernandes expressed concern that the RTI Act might be translated solely into Devanagari script, excluding those who cannot read or write in that script.
He said, “Considering the large number of people who are well-versed in Roman script, it is the government’s duty to also translate the RTI Act into Roman script.”
Fernandes offered GKF’s full support to translate the RTI Act into Roman script if the government lacked the manpower to do so.
He stressed that the government should not engage in activities that deprive users of Roman script Konkani under any pretext.
Bruno Fernandes, a supporter of Roman script, said that Roman script Konkani has been the script and dialect of Goans for centuries and continues to be widely used throughout Goa.
“I am delighted to see that the Chief Information Commissioner has directed the authorities concerned to address the long-pending demand for the RTI Act to be translated into Konkani. However, I urge the authorities to ensure the RTI Act is translated into both Roman and Devanagari scripts,” he said.
He claimed that many Goans, who cannot write in English or Devanagari, have always used Roman script. Until now, they have had to rely on others to write RTI appeals for them in English.
He demanded that Romi Konkani should be given top priority, as it represents a unique script dating back to 1550 in print media, which would make Goans proud.
It is pertinent to note that a day before, the State Information Commission announced that the RTI Act, enacted in 2005, is being translated into the official language, Konkani, with the aim of ensuring that the act reaches the people and benefits them.

Saturday, October 12, 2024

RTI Act does not outline role of First Appellate Authority: AG Pangam.

The Goan : Panaji: Saturday, October 2024.
Advocate General Devidas Pangam on Friday said that the Right to Information Act (RTI) does not clearly outline the role of the First Appellate Authority (FAA). Speaking at a State event to celebrate RTI Day, the AG stated that the FAA holds the same powers and duties as the original authority.
“Apart from one or two provisions, the Act is silent on the role of the FAA. As such, we should understand that the FAA has the same powers and duties which original authority has besides also having incidental powers. However, they don’t have the substantive powers which the State Information Commission has,” he said while speaking on the topic ‘Role of First Appellate Authority (FAA) in upholding the spirit of RTI Act.’
The AG urged the FAAs attending the event to always provide information as sought by the applicants and only reject it in the rarest of rare cases or if it comes under the exemption clauses. “Any information you can give to the Legislative Assembly has to be provided to the public,” he added, “if information is in the public domain, like on Government websites etc, then applications seeking information will reduce drastically. It will thus reduce the burden on the system and on officers as well reducing the liabilities of the officers.”
Goa State Chief Information Commissioner (SCIC) Aravind Kumar Nair discussed the challenges of implementing the RTI Act, stating that accountability involves three dimensions -- responsibility, answerability and enforceability, which govern the relationship between rights holders and duty bearers.
He said that Public Information Officers (PIOs) play a paramount role in receiving and processing applications.
SIC Atmaram Barve said that the RTI Act has provisions that mandate that information should be disseminated in the State language and announced that the Act will be available in Konkani which will make it easy for the public to understand.
“The spirit of the Act promotes transparency and accountability which is the backbone of democracy. This Act gives power to the people and various authorities have interpreted this legislation in different ways which has led to the strengthening of the Act,” he added.

आरटीआई में पहाड़ी जनपदों और महिलाओं की भागीदारी की जाय सुनिश्चित- राज्यपाल

अविकाल उत्तराखंड: अक्तूबर 12, 2024. 
उत्कृष्ट कार्य करने वाले आठ लोक सूचना व प्रथम अपीलीय अधिकारी सम्मानित. 
सूचनाएं प्राप्त करना सभी का अधिकार है, लोकतंत्र को सुदृढ़ और प्रबल बनाने में आरटीआई की भूमिका महत्वपूर्ण- राज्यपाल। आरटीआई की 19वीं वर्षगांठ के अवसर पर राजभवन में आयोजित हुआ कार्यक्रम
देहरादून। सूचना का अधिकार अधिनियम की 19वीं वर्षगांठ के अवसर पर राज्यपाल लेफ्टिनेंट जनरल गुरमीत सिंह (से नि) ने राजभवन ऑडिटोरियम में उत्तराखण्ड सूचना आयोग द्वारा आयोजित कार्यक्रम के दौरान प्रदेश में उत्कृष्ट कार्य करने वाले लोक सूचना अधिकारियों और प्रथम अपीलीय अधिकारियों को सम्मानित किया।
वर्ष 2022-23 तथा वर्ष 2023-24 में विभागीय अपीलीय अधिकारी के रूप में उत्कृष्ट कार्य करने वाले उप महाप्रबंधक, उत्तराखण्ड परिवहन निगम प्रदीप सती, तत्कालीन मुख्य विकास अधिकारी, हरिद्वार प्रतीक जैन और जिला विकास अधिकारी, हरिद्वार वेद प्रकाश को सम्मानित किया। लोक सूचना अधिकारी के रूप में उत्कृष्ट कार्य करने वाले थानाध्यक्ष, नरेन्द्रनगर टिहरी गढ़वाल श्री गोपालदत्त भट्ट, जिला विकास अधिकारी बागेश्वर संगीता आर्या, सहायक संभागीय परिवहन अधिकारी, हरिद्वार पंकज श्रीवास्तव, वरिष्ठ विपणन अधिकारी, कार्यालय संभागीय खाद्य नियंत्रक गढ़वाल मण्डल राधिका बिंजोला और अनुसचिव, चिकित्सा शिक्षा विभाग उत्तराखण्ड शासन देहरादून सुश्री ऋचा को राज्यपाल ने सम्मानित किया ।
इस अवसर पर राज्यपाल ने सम्मानित होने वाले अधिकारियों को उनके सराहनीय कार्यों के लिए बधाई एवं शुभकामनाएं दी। उन्होंने कहा कि सूचनाओं का आदान-प्रदान जरूरी है जिससे एक जवाबदेह और जिम्मेदार शासन की स्थापना हो सके। उन्होंने कहा कि जिस संस्थान में पारदर्शी और जवाबदेह कार्यप्रणाली निहित होगी वह सूचनाओं के आदान-प्रदान को सकारात्मक रूप में देखता है। सूचनाएं प्राप्त करना सभी का अधिकार है, लोकतंत्र को सुदृढ़ और प्रबल बनाने में सूचना का अधिकार की महत्वपूर्ण भूमिका है। राज्यपाल ने कहा कि इस अधिनियम से शासन और प्रशासन को जवाबदेह और पारदर्शी बनाने में मदद मिलती है वहीं इसके जरिए सुधारात्मक सुझाव प्राप्त होते हैं जो सुशासन को बढ़ावा देते हैं।
राज्यपाल ने कहा कि वर्तमान में केवल मैदानी जिलों के सूचना का अधिकार के आवेदन प्राप्त हो रहें हैं पहाड़ी जपनदों में यह संख्या बेहद कम है। उन्होंने इन जिलों पर विशेष फोकस किए जाने पर बल दिया और कहा कि इन जनपदों में लोगों को जागरूक किया जाए। उन्होंने कहा कि महिलाओं की भागीदारी भी सूचना प्राप्त करने में बेहद न्यून है, उनकी भागीदारी को बढ़ाने के विशेष प्रयास किए जाए। राज्यपाल ने आयोग द्वारा किए जा रहे प्रयासों की सराहना की। आयोग द्वारा आवेदन और अपील पत्र प्रस्तुत करने हेतु आरटीआई ऑनलाइन पोर्टल प्रारम्भ किए जाने और हाइब्रिड मोड में पक्षकारों को सुनवाई शुरू करने के लिए आयोग को बधाई दी।
प्रभारी मुख्य सूचना आयुक्त विवेक शर्मा ने बताया कि उत्तराखण्ड सूचना आयोग की स्थापना से अगस्त, 2024 तक उत्तराखण्ड सूचना आयोग को कुल 56939 द्वितीय अपील/शिकायतें प्राप्त हुईं हैं जिनमें से 56008 का आयोग स्तर से निस्तारण किया गया है। माह मार्च, 2024 तक प्रदेश के समस्त लोक सूचना अधिकारियों को कुल 12,82,556 सूचना अनुरोध पत्र और विभागीय अपीलीय अधिकारियों को कुल 1,32,521 प्रथम अपील प्राप्त हुई। वर्तमान में उत्तराखण्ड सूचना आयोग में कुल 931 द्वितीय अपील/शिकायत लंबित हैं। उन्होंने बताया कि नागरिकों को ऑनलाइन अनुरोध पत्र, प्रथम अपील और द्वितीय अपील/शिकायत की सुविधा भी प्रदान की जा रही है। आयोग द्वारा राज्य के विधि महाविद्यालयों के छात्रों के मध्य वाद-विवाद का आयोजन किया गया।
कार्यक्रम में सूचना आयुक्त विपिन चन्द्र ने सूचना का अधिकार के क्षेत्र में उत्कृष्ट कार्य करने वाले अधिकारियों को बधाई दी और कहा कि इससे अन्य अधिकारी भी प्रेरित होंगे। सूचना आयुक्त योगेश भट्ट ने कहा कि अनुशासन, सुशासन और पारदर्शी तंत्र के लिए सूचना का अधिकार अधिनियम जरूरी है। उन्होंने कहा कि सूचना का अधिकार के प्रति नकारात्मकता को कम किए जाने के साथ ही इसके सकारात्मक पहलुओं पर जोर दिया जाना चाहिए।
इस अवसर पर अनुसूचित जाति आयोग के अध्यक्ष मुकेश कुमार, बाल संरक्षण आयोग की अध्यक्ष डॉ. गीता खन्ना, डीजीपी अभिनव कुमार, सचिव दीपेन्द्र कुमार चौधरी, सचिव अरविन्द कुमार पांडेय सहित विभागों के विभागाध्यक्ष, लोक सूचना अधिकारियों और विभागीय अपीलीय अधिकारियों के द्वारा प्रतिभाग किया गया।

RTI completes 19 years; appeals, complaints backlog crosses 4 lakh mark.

Times of India: Ambika Pandit: New Delhi: Saturday, October 12, 2024.
As the Right to Information Act, 2005, marks its 19th anniversary this Saturday, a report card reveals a troubling rise in the backlog of appeals and complaints, with over 4 lakh cases piling up across 29 information commissions (IC) nationwide as of June 30. The growing pendency, highlighted in a report by civil society group Satark Nagrik Sangathan led by transparency activist Anjali Bhardwaj, underscores the increasing delays in citizens' access to information, with many commissions facing waits of over a year to resolve cases.
The report shows that as of March 31, 2019, a total of 2,18,347 cases were pending in 26 ICs from which data was obtained. The number crossed 3 lakh in June 2022. This year the backlog was 4,05,509. Meanwhile, 2,31,417 appeals and complaints were registered between July 1, 2023 and June 30, 2024 by 27 ICs. During the same time period, 2,25,929 cases were disposed by 28 commissions.

The report also draws attention to a worrisome fact that seven information commissions - Jharkhand, Telangana, Goa, Tripura, MP, UP and Chhattisgarh were defunct for varying periods in the past year. Of these, four commissions - Jharkhand, Telangana, Goa and Tripura - continue to be defunct. Even the Central Information Commission has been working with only three commissioners, including the chief for nearly one year. The report draws attention to the backlog of appeals and complaints in CIC which stood at 22,774 cases as of June 30. "Maharashtra SIC with a backlog of 1,08,641 had highest number of appeals and complaints pending. This was followed by Karnataka (50,000); Tamil Nadu (41,241); Chhattisgarh (25,317)," it highlighted. "The delays in disposal of cases can be attributed largely to two factors - vacancies in commissions and tardy rate of disposal by commissioners," the report states.

RTI Act marks 19 years: Chandigarh logs 1.18 lakh applications, police get most requests.

Hindustan Times: Saturday, October 12, 2024.
In Chandigarh, only around 9% of RTI applications led to a second appeal, indicating that over 90% of applicants were satisfied with the government’s responses—a significant achievement, according to transparency law activists. 
As the Right to Information Act, 2005, marks its 19th anniversary on October 12, Chandigarh has recorded around 1.18 lakh applications over the past decade.According to records from the Chandigarh administration, since 2013-14, around 1.18 lakh applications have been submitted under the Act. (HT Photo)
At 25%, the police department leads in the number of applications received, followed by 15% concerning the UT Estate Office.
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The transparency law, which came into effect on October 12, 2005, grants citizens the right to seek information from the government, serving as a vital tool for grievance redressal. However, the growing number of applications has extended response times and created a backlog of RTI requests.
According to records from the UT administration,
since 2013-14, around 1.18 lakh applications
 have been submitted under the Act
Specifically, 30,106 (25%) were directed to the police department, 17,014 (15%) to the UT Estate Office, 8,912 (7.5%) to the municipal corporation and 470 to the Chandigarh Housing Board (CHB).
Even during 2020-21, amid the Covid-19 pandemic, a total of 12,987 applications were received, with 1,298 (10%) related to the health department. This number rose to 2,011 out of 11,238 applications in 2021-22, reflecting a 20% increase in health department requests.
RTI activist RK Garg, who has been running a free RTI helpline for the past 15 years, said the Act’s primary goal was to promote transparency by making official records available on government websites. However, even after 19 years, many public-facing departments like the police, UT Estate Office, health department and the municipal corporation lacked transparency, forcing people to file RTI applications for information related to their personal issues.
In Chandigarh, only around 9% of RTI applications led to a second appeal, indicating that over 90% of applicants were satisfied with the government’s responses—a significant achievement, according to transparency law activists.
The Central Information Commission (CIC) hears second appeals against decisions made by all central government departments and Union territories.
RTI applications can be filed through www.rtionline.gov.in. A fee of ₹10 is charged per application. Any citizen of India has the right to receive the requested information within 30 days of submitting the application, though this period can be extended in exceptional circumstances. If the requested information is extensive or requires inspection, the applicant can schedule an appointment to review public documents.

Friday, October 11, 2024

53 deaths at crowded Meerut jail in 5 yrs: RTI

Times of India: Meerut: Friday, 11 October 2024.
A total of 53 convicted or undertrial prisoners have died in the past five years at Meerut's Chaudhary Charan Singh District Jail, which has a capacity to lodge 1,707 prisoners but has 2,205 inmates as on Sep 30, according to an RTI reply. The prison is also facing a shortage of medical staff, with a consultant position lying vacant, as per the RTI reply, a copy of which is with TOI.
However, the RTI response did not mention the cause of the deaths. The data on deaths are from Jan 2020 to Sep 7, 2024.
The information was sought by a student leader of Chaudhary Charan Singh University, Vineet Chaprana. "Deaths of inmates in the district jail is a cause for concern. Negligence of the jail administration appears to be the primary cause, as many vacant medical posts have not been filled. Probably, due to the lack of timely medical treatment, the number of deaths is more," said Chaprana.
"The problem of overcrowding is not just in Meerut jail, other jails in western UP such as those at Dasna, Baghpat, Muzaffarnagar and Bijnor are also overcrowded. As a result, many basic facilities are lacking and available facilities are stretched, causing numerous problems to the inmates," said Chaprana.
"We will file a complaint with the Human Rights Commission regarding the issue of overcrowding in jails," he added.
Chaprana also cited some examples of deaths due to medical conditions. In May this year, a 66-year-old Mohd Raisuddin, convicted of culpable homicide, died of tuberculosis. In the same month, 28-year-old Riazuddin suffered a heart attack during ‘namaz' and was rushed to the jail hospital but he could not be revived. A 58-year-old undertrial in a cheating case, Om Prakash Gupta, died under suspicious circumstances after he fell inside the jail bathroom in Sep 2023.

Election Watch Ghana drags EC to RTI for details on ballot paper printing contract: By Simon Agbovi

Modern Ghana: Ghana: Friday, 11 October 2024.
Election Watch Ghana has petitioned the Electoral Commission (EC), seeking detailed information about its procurement process for printing ballot papers and notices of polls for the upcoming 2024 general elections.
In an earlier statement, the group raised concerns about a potential conflict of interest in the selection of Assembly Press and Buck Press for the contract.
They claimed that the heads of both companies have political ties to the ruling NPP government, raising questions about impartiality in the selection process.
The petition, copied to the Right to Information (RTI) Commission, requests specific information about the tendering process, including the date and medium of publication for the printing contracts.
The group has also sought details on the companies that submitted bids, such as their names, addresses, contact information, business registration documents, and relevant experience in similar projects.
Election Watch Ghana also requested information on the criteria used to select the successful bidders, including the evaluation methodology, weighting of criteria, and the scoring system.
The group further called for an investigation into potential conflicts of interest involving Assembly Press and Buck Press, demanding the release of the investigation report, findings, recommendations, and any actions taken.
Citing Section 18 of the Right to Information Act, the group emphasized that every citizen has the right to access information and expects a response from the EC within the legally mandated 14-day period.
They warned that failure to comply with the request may lead to an appeal to the Information Commission, as outlined in Section 29 of the Right to Information Act.

The saga of RTI activism

Imphal Times: Editorial: Friday, 11 October 2024.
The Right to Information (RTI) Act, 2005, stands as a hallmark of democratic empowerment in India. It gives every citizen the legal right to access government information, promoting transparency and accountability across all levels of governance. However, recent developments in Manipur paint a disturbing picture of how this powerful tool is being undermined by violence and intimidation. A drastic reduction in the filing of RTIs, particularly those related to public interest, has been reported in the state, with the decline attributed to the growing threats and harassment by goons on the activists.
These miscreants, employed by the power that maybe, are using intimidation to silence voices that seek transparency in governance.
This is more than just a localized issue it strikes at the heart of India’s democratic values. The RTI Act was designed as a people’s law, a tool for the common citizen to ensure the government is functioning in their best interests. When goons intimidate citizens from using this tool, it not only erodes the transparency of governance in Manipur but also weakens the entire foundation of a participatory democracy.
One of the most concerning aspects is that many of the RTIs being suppressed concern critical public interest issues allegations of corruption, misuse of public funds, irregularities in the functioning of public institutions, and the failure of welfare schemes. In regions like Manipur, where infrastructure development and public services often lag behind, RTI is a vital means to ensure accountability in these areas. By preventing citizens from seeking this information, armed miscreants are effectively crippling efforts to improve governance and the well-being of the public.
The hardships faced by RTI activists in Manipur are numerous and severe. Many of them have received death threats, been physically assaulted, and seen their families targeted. In some cases, activists are forced to flee their homes or live under constant fear of retribution for filing RTIs that expose corruption or malpractice. Even the act of seeking information something as fundamental as knowing how public money is spent has become a life-threatening endeavor. The mental and emotional toll of this constant danger is immense. Activists often face social isolation, as many within their communities fear associating with them due to potential repercussions.
The lack of proper legal recourse or protection has made these activists extremely vulnerable. While the RTI Act empowers citizens to hold the government accountable, the state government of Manipur has largely remained silent on the issue of threats against RTI applicants. This inaction only emboldens the perpetrators. Despite numerous complaints and incidents of violence being reported, there has been little or no effort from the state government to protect these individuals or punish those responsible for the threats.
The lack of response from the state to this growing issue is deeply troubling. When activists come forward with evidence of corruption, mismanagement, or wrongdoing, they expect the government not only to act on the information but also to protect them from the backlash. Instead, what we are seeing is a pattern of indifference, where complaints of threats and harassment are either ignored or met with insufficient action. In some instances, activists report that the police also fail to respond to complaints, especially when powerful or influential groups are involved. This not only discourages RTI activists but also signals to armed miscreants that they can continue their campaigns of intimidation without fear of reprisal.
The fight for transparency in governance cannot be left to a few individuals. It requires collective will on the part of the government, civil society, and the public. If the current trend continues and RTI applications continue to decline due to fear and intimidation, Manipur risks sliding into a shadow of unaccountability, where public resources can be looted and decisions taken without oversight. The Right to Information is not just a legal tool; it is a cornerstone of democracy. Protecting it is non-negotiable.
The reduction of RTI filings in Manipur due to threats by goons and miscreants is a wake-up call for all democratic institutions. Unless swift and decisive action is taken, the very essence of transparency in governance is at risk.

Details on CAA beneficiaries not readily available, says Union Home Ministry: Vijaita Singh

The Hindu: National: Friday, 11 October 2024.
In a reply to an RTI application filed by The Hindu, the Ministry said that the Central Public Information Officer “is not required to create or compile the information for supplying to the applicant under the RTI Act, 2005.”
The Union Ministry of Home Affairs (MHA) has said the information on applicants who became Indian citizens under the Citizenship Amendment Act, 2019 (CAA) is not readily available.
The MHA, while responding to a Right to Information (RTI) application filed by The Hindu, said that “only readily available information may be provided.”
The reply, dated October 3, added that the Central Public Information Officer (CPIO) “is not required to create or compile the information for supplying to the applicant under the RTI Act, 2005.”
The MHA stated this as the RTI application sought to know the total number of applications received on the portal indiancitizenshiponline.nic.in, total number of persons who received citizenship under CAA and the number of applications that are pending.
Earlier, on April 15, in response to another RTI application, the MHA had said that it did not have the provision to maintain the record of applications received under CAA.
Responding to an RTI plea by Maharashtra resident Ajay Bose regarding the total number of CAA applications, the MHA had said that “the records are not being maintained as desired by you because the Citizenship Act, 1955 and Citizenship (Amendment) Act, 2019 and the rules made there under do not have the provision to maintain the records of citizenship application received. Further, as per the RTI Act, 2005, CPIO is not authorised to create information. Hence the information sought may be treated as NIL.”
Days before the 2024 general elections were announced, the MHA on March 11 notified the CAA Rules, which enabled the implementation of CAA, four years after it was passed on December 11, 2019, by the Parliament.
The CAA enables citizenship to undocumented migrants belonging to six non-Muslim communities Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014, and reduces the period to qualify for citizenship from the existing 11 years to five years.
The exact number of beneficiaries under CAA is not known. While discussing the legislation in the Rajya Sabha on December 11, 2019, Union Home Minister Amit Shah had said that “lakhs and crores” of people would benefit from the law. However, Director, Intelligence Bureau, had deposed before a parliamentary committee that around 31,000 people would be the immediate beneficiaries.
“As per our records, there are 31,313 persons belonging to minority communities (Hindus - 25447, Sikhs - 5807, Christians - 55, Buddhists - 2 and Parsis - 2) who have been given long term visa on the basis of their claim of religious persecution in their respective countries and want Indian Citizenship. Hence, these persons will be immediate beneficiaries,” a joint parliamentary panel report quoted the IB official in a report tabled on January 7, 2019.

HC upholds Rs 25k fine on officials for delay in providing RTI info

Times of India: Bangalore: Friday, 11 October 2024.
The high court upheld the orders passed by Karnataka Information Commission (KIC), imposing Rs 25,000 cost on delinquent officers for delay of more than 150 days in providing information on applications filed under Right to Information (RTI) Act.
In the orders passed by KIC headed by HC Sathyan, panchayat officers KS Rajaram, BN Ashwathnarayana, Ezaz Pasha and Krishnamurthy were penalised for their failure to furnish information on applications filed by P Anil Kumar from Kolar, R Shankar from Bangarpet and Balasubramaniam from Bengaluru.
They'd sought information about receipts and expenditure of Ghattakamadenahalli and Sundarapalya gram panchayats for 2021-22, expenditure on rural employment schemes in Ghattakamadenahalli and procurement of motor pumps in Hulkur.
Challenging the orders, the officers claimed the delay in furnishing information was due to their workload. However, after perusing the materials on record, Justice KV Aravind said there indeed was a delay of more than 150 days in providing the information.
"The provisions of RTI Act mandate furnishing of information within 30 days. The delay is not reasonably explained... If the timelines provided under RTI Act are not implemented, the very purpose of fixing a time-frame for compliance will be defeated," the judge said.
"The KIC order is well-reasoned, and the order imposing a penalty of Rs 25,000 each on the petitioners is justifiable," the judge further observed while dismissing the petitions.

Making RTI work : Shailesh Gandhi

Deccan Herald: Opinion: Friday, 11 October 2024.
At the national level, according to data compiled by Satark Nagrik Sangathan (SNS), an alarming 3,88,886 appeals and complaints were pending with information commissions as of July 30, 2023.
The recent decision by Andhra Pradesh’s State Chief Information Commissioner (SCIC) to enforce strict attendance rules requiring commissioners to be present for six and a half hours a day and withholding salaries for non-compliance has sparked a much-needed conversation on the functioning of India’s information commissions.
At the national level, according to data compiled by Satark Nagrik Sangathan (SNS), an alarming 3,88,886 appeals and complaints were pending with information commissions as of July 30, 2023. The Report Card of Information Commissions in India reveals an even more startling figure: in West Bengal, the estimated time to clear these cases exceeds 24 years, though the state is an outlier. In most other states, the average waiting period ranges from six months to four years, reflecting widespread inefficiency.
The Right to Information process begins with a formal request to a public authority, which must respond within 30 days. If the applicant is dissatisfied or receives no response, they can file a first appeal. If that fails, a second appeal or complaint can be lodged with the State or Central Information Commission. These commissions, tasked with ensuring the proper implementation of the RTI Act, play a crucial role in upholding transparency. As quasi-judicial authorities, commissioners often drawn from public life with experience in governance, law, or civil services are responsible for hearing appeals and holding public authorities accountable. Their regular presence and timely decision-making are essential to the system’s effectiveness.
For years, RTI activists have pointed to a lack of accountability among commissioners, particularly their irregular attendance, as a key factor contributing to these delays. In some states, the backlog stretches for years, and commissioners dispose of few cases. The Andhra Pradesh Commission has over 10,000 pending cases, with backlogs only expected to grow at its present rate of disposal.
The National Judicial Data Grid (NJDG) reports that high court judges dispose of roughly 2,000 to 3,000 cases per year, or about 167 to 250 cases per month. In stark contrast, Andhra Pradesh Information Commissioners dispose of fewer than 100 cases per month. This difference shows that it’s not just about the hours commissioners spend in office but how efficiently they dispose of cases. For example, there appears to be little difference in case disposal rates between commissioners whose salaries are withheld for non-compliance with attendance rules and those complying with them. This suggests that while attendance is necessary, it is not sufficient for ensuring efficiency. Many information commissioners across India dispose of 3,000 to 6,000 cases annually, with most cases decided in under 90 days.
The AP SCIC’s move to enforce a 6.5-hour workday for commissioners is not merely a formality; it has the potential to significantly improve transparency and efficiency. Regular attendance is essential for several reasons:
  1. Clearing the Backlog: Thousands of RTI appeals and complaints are pending, with delays often stretching for over a year. Strict attendance would ensure that commissioners dedicate the necessary time and attention to hear and dispose of cases, significantly reducing the backlog.
  2. Accountability and Transparency: The RTI Act mandates transparency and accountability in governance. When the very bodies overseeing transparency fail to uphold these principles, public trust erodes. Regular attendance will ensure that commissioners can effectively enforce transparency measures, a critical aspect of their role.
  3. Judicial Mandate: Courts have repeatedly emphasised the importance of the timely and effective functioning of information commissions. In Anjali Bhardwaj & Others vs Union of India (2019), the Supreme Court stressed the need for timely appointments and efficient operations, warning that inefficiency undermines the very purpose of the RTI Act.
  4. Efficient Case Disposal: The longer the cases remain pending, the more public authorities can delay information disclosure without penalty. Under Section 19(8) of the RTI Act, information commissions have the power to compel public authorities to provide information.
  5. Restoring Public Trust: Citizens rely on the RTI Act to obtain vital information about public services, from healthcare to employment benefits. Regular attendance by commissioners and timely disposal of cases are crucial for maintaining trust in the system.
The RTI Act was enacted to empower citizens and ensure government accountability. But without functional information commissions, the Act’s potential remains unfulfilled. Enforcing attendance rules and timely disposal of cases is a critical step toward restoring faith in the RTI system and ensuring that justice is delivered in a timely, transparent manner. The information commissions must recognise the importance of this move and adopt similar practices to make the RTI system work efficiently for every citizen.
(Shailesh Gandhi is a former CIC; Chakradhar Buddha is Co-Convenor of the United Forum for RTI Campaign, Andhra Pradesh)