KPIC takes notice of non-compliance of commission orders

The Nation: Peshawar: Friday, 17 January 2025.

The Khyber Pakhtunkhwa Information Commission (KPIC), comprising Chief Infor­mation Commissioner Farah Hamid Khan, Information Commissioners Arshad Ahmed and Muhammad Irshad, took serious notice of the non-compliance with the Commis­sion’s orders.
Show-cause notices and warning letters will be issued to the defaulting public bod­ies, including the Higher Education Reg­ulatory Authority and AIG Legal (Police Department), in the hearings of the com­plainants.
Muhammad Ayaz, a resident of District Peshawar, filed a complaint (Complaint No. 6442) under the RTI Act 2013 to the Commission against the WSSP Peshawar, in which he sought information regarding the appointment details of Tube-well Op­erators from the Public Information Officer (PIO)/Manager, WSSP. The Commission di­rected the PIO of WSSP to proactively dis­close all 12 categories of information of WSSP Peshawar, as mandated in Section 5 of the KP RTI Act 2013, on the official web­site of WSSP. Additionally, the Manager HR of WSSP will be summoned in the subject case to ensure timely provision of informa­tion to the complainant and enhance public trust in government institutions.
In another case, the Commission adjudi­cated Complaint No 11613 filed by Faheem Azam, who had requested information from the Soil & Water Conservation Department Mardan regarding all developmental works since January 2017. The department denied providing the information, stating that they did not have developmental funds, except for staff salaries. The PIO/Director of the Soil and Conservation Department Mardan was directed to provide a para-wise reply to the requester within a week, with prop­er intimation to the commission.
The commission also took serious notice of the absence of AIG Legal and the depu­tation of a Sub-Inspector in Complaints No 11650 and 11654. The Commission or­dered that AIG Legal be present in the up­coming proceedings, along with the rele­vant record, on 16-01-2025.
In Complaint No 11675, filed by Muham­mad Iqbal, who sought information about the leasing documents and technical eval­uation of Hamala Rest House Nathia Gali owned by the Culture and Tourism Author­ity, the PIO/Deputy Director MIS, Mahad Husnain, informed the Commission that the information was uploaded on the Culture and Tourism Authority website. The miss­ing data will be updated within a week, with proper intimation to the KPIC.
In Complaint No 11441, filed by Noor-ul-Basar, the Commission decided to write to the Secretary of the Local Council Board (LCB) to take disciplinary action against the Accounts Section of the LCB for non-cooper­ation with the PIO/Admin Officer of the LCB in the provision of data, in order to meet the objective of transparency in the province.
It is pertinent to mention that the RTI Commission is strongly committed to en­abling citizens to have access to informa­tion of public importance and helping build effective, accountable, and inclusive institu­tions at all levels.

Kharghar-Turbhe Link Road Project Faces Criticism For Lack Of Environmental Impact Assessment; Reveals RTI

Free Press Journal: Navi Mumbai: Friday, 17 January 2025.
The Rs 2,100 crore Kharghar-Turbhe Link Road, which passes through the ecologically sensitive Pandavkada Hills, is being developed without an Environmental Impact Assessment (EIA) study, as revealed by information obtained under the Right to Information (RTI) Act, claims activist BN Kumar.

The Rs 2,100 crore Kharghar-Turbhe Link Road, which passes through the ecologically sensitive Pandavkada Hills, is being developed without an Environmental Impact Assessment (EIA) study, as revealed by information obtained under the Right to Information (RTI) Act, claims activist BN Kumar.
NatConnect Foundation sought details from the State Environment and Climate Change Department regarding the EIA for the project, given its construction through the eco-sensitive Pandavkada Hills, part of the larger Kharghar hill range. However, the official response, published on the RTI Maharashtra website, stated: "As per available records of MCZMA, the information sought by you is not available with this office."
NatConnect’s director, B.N. Kumar, criticized this standard response, suggesting it was simply a refusal to provide the requested information. Kumar also expressed concern over the rushed manner in which CIDCO is pushing forward with the road and tunnel project, calling it a blatant disregard for environmental concerns.
Environmentalist Jyoti Nadkarni, convenor of the Kharghar Hills and Wetlands Forum, pointed out that the forest department had previously planned to develop the Pandavkada Falls area as an eco-tourism site. The new road project, she said, has seemingly derailed those plans.
A survey by the Bombay Natural History Society (BNHS) for a proposed Nature Park along the Belapur-Kharghar hill stretch identified a rich biodiversity, including 239 plant species, 295 insect species, 12 fish species, 28 reptile species, and 12 mammal species, along with sightings of golden jackals and even a leopard.
Nadkarni emphasized the importance of preserving the Nature Park, lamenting CIDCO’s approach, which she believes is prioritizing development at the cost of the area's biodiversity.
The road project itself includes a 1.8-km twin tunnel through Kharghar hill and a 3.4-km elevated viaduct. It will connect Turbhe to Kharghar, passing along the Sion-Panvel highway and culminating near the Central Park junction in Kharghar.
Kumar reiterated that while development aimed at alleviating traffic congestion is important, it should not come at the cost of the environment. "It's essential to balance development with the conservation of biodiversity," he argued.
This is not the first time CIDCO has been accused of harming the hills. Kumar recalled a previous incident where CIDCO destroyed a hillock in the Kharghar Golf Park area, despite opposition from local Adivasi communities who rely on the area's social forestry.
Highlighting the importance of water resources in the region, Kumar pointed out that the area receives substantial rainfall, which could be harnessed through ponds for supplying water to Kharghar. He expressed concern that CIDCO has ignored this possibility, leaving residents dependent on water tankers due to the lack of a reliable water supply.
Nadkarni echoed these concerns, calling for the preservation of the hills and the implementation of a rainwater harvesting project to help address the region's water needs.

Arunthathiyars’ special quota: Law enacted during DMK regime in 2009 benefits community, reveals RTI

The Hindu: Chennai: Friday, 17 January 2025.
In a query addressed to the State Department of Adi Dravidar and Tribal Welfare, The Hindu sought data with regard to the status of presence of the Arunthathiyars in the 15 years prior to the provision of the sub-quota

A law, enacted during the Dravida Munnetra Kazhagam (DMK) government’s regime in 2009, envisaging the provision of 3% reservation for Arunthathiyars within the 18% quota of Scheduled Castes, has benefitted the community, going by responses of the Directorates of Technical Education (DTE) and Medical Education and Research (DME) to a query by The Hindu under the Right to Information (RTI) Act.
In respect of the coveted professional course of MBBS, the total number of seats went up by about 82% between 2018-19 and 2023-24. In other words, it rose from 3,600 to 6,553. As for the Scheduled Castes (Arunthathiyars) or SC(A), the increase was a little more than 80% 107 in 2018-19 to 193 in 2023-24. In the case of Bachelor of Dental Surgery (BDS) course, in 2018-19, the takers among SC(A) for the course hardly accounted for 1.5% of the total number of candidates but their figure rose to 3% five years later.
Supreme Court judgment backs validity of Tamil Nadu’s Arunthathiyar quota law
The DME, in its communication, stated that it did not collect data for the SC(A) category for the period from 2009-10 to 2017-18. However, the high level committee, constituted by the present DMK government in 2021, regarding the impact of NEET [National Eligibility cum Entrance Test] on medical admissions in Tamil Nadu, had stated that between 2010-11 and 2017-18, both in government and self-financed colleges, the quota of SC(A) had varied from 3.26% (in 2010-11) to 2.86% in 2015-16, in the case of government colleges, and from 2.98% (in 2011-12) to 2.66% (in 2016-17) with regard to self-financed colleges. Since 2017-18, admission to the medical courses in the State is done through the NEET.
With regard to admission to engineering courses, the strength of SC(A) students increased from 1,193 in 2009-10 to 3,944 in 2023-24. There was a rise of about 230% or an annual average growth rate of 15%. According to information available with this journalist independent of the DTE’s reply, given the fact that the SC(A)’s sub-quota is 16% of the overall SC quota, the share of the community’s students under the SCs was well below this figure fluctuating from 8.7% in 2016-17 to 14.6% in 2019-20.
Supreme Court judgment in Arunthathiyars Reservation Act case a recognition of Dravidian model, says Stalin
In mid August 2024, The Hindu addressed the query to the State Department of Adi Dravidar and Tribal Welfare (ADTW) regarding the efficacy of the 2009 law in the last 15 years with regard to education and public employment. The query had also sought data with regard to the status of presence of the Arunthathiyars in the 15 years prior to the provision of the sub-quota.
The ADTW Department did not furnish consolidated information unlike what the Backward Classes, Most Backward Classes and Minorities Welfare Department did last year with regard to another RTI query by a Chennai resident on the presence of Vanniyars and the remaining Most Backward Classes apart from Denotified Communities in education and jobs. However, it apparently forwarded the query to various other departments, which had, in turn, passed on to bodies and institutions coming under their jurisdiction.
As for the public employment, the Tamil Nadu Uniformed Services Recruitment Board, which also follows 3% reservation for SC(A), has provided information with regard to the recruitment of SC(A) candidates for Sub-Inspectors of Police in 2010, 2015, 2019 and 2022, in addition to SI (technical) and (finger print) in 2018 and the joint recrutment for SIs (Taluk, Armed Reserve and Special Police) and Station Officers (Fire & Rescue Services). The highest number was 38 for SI in 2010 and the lowest was 10 for SI (finger print) in 2018. However, the Tamil Nadu Public Services Commission did not give any information, claiming the RTI Act application fee had not been paid, even though it was paid while sending the application to the ADTW Department.
The law Tamil Nadu Arunthathiyars Reservation Act, 2009 provides preferential treatment to Arunthathiyars among the Scheduled Castes (SCs). For the purpose of the law, seven castes Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadi, Thoti, and Adi Andhra in the list of 76 SCs notified by the President under Article 341 of the Constitution have been generically called the Arunthathiyars. The principle of elasticity in reservation has been adopted in the Act for the community, which is allowed to compete for non-preferential seats. In August last year, the Supreme Court backed the constitutional validity of the law. 
The enactment of the legislation followed the submission of a report of the one-member committee headed by Justice (retired) M.S. Janarthanam to the State Government in November 2008. According to the findings of the panel, as quoted in a submission by the State before the Court last year, despite accounting for about 16% of the SC population in the State (as per the 2001 Census), the Arunthathiyars’ share within the SC quota was not in proportion to their population. It was only 8.76% in engineering courses and around 7.3% in  MBBS, BDS and para medical courses. In the Groups A, B and C services of the State Government, the representation of the community was “grotesquely inadequate,” ranging from 7.14% and 6.72% in Group ‘A’ and ‘B’ services to 9.29 % in Group C. Only in the case of Group D, it was around 32.4%. Commenting on this aspect, the government, in its statement of object and reasons for the law, stated that “most of them [were] scavengers requiring no educational qualifications.”

जम्मू-कश्मीर के RTI पोर्टल पर उठे सवाल, 4 दिन पहले ही सरकार ने किया था लॉन्च

MSN: Srinagar: Thursday, 16 January 2025.

जम्मू कश्मीर सरकार ने हाल ही में सूचना का अधिकार (आरटीआई) पोर्टल लॉन्च किया था. अब इसको लेकर सवाल खड़े किए जा रहे हैं. पोर्टल में केंद्र शासित प्रदेश के कई अहम किरदारों के नाम शामिल नहीं किए गए हैं, जिसको लेकर कई आरटीआई कार्यकर्ताओं ने इस पोर्टल और सरकार पर सवाल खड़े किए. उन्होंने पोर्टल में कई तरह की खामियां होने की बात कही. एक्टिविस्ट रसिक रसूल के मुताबिक जम्मू कश्मीर में मुख्य शिक्षा कार्यालयों (चीफ एजुकेशन ऑफिस) जैसे कई कार्यालयों को पोर्टल में नहीं जोड़ा गया है. अब तक पोर्टल पर 269 सार्वजनिक प्राधिकरण सूचीबद्ध हैं.

रसिक रसूल ने सवाल किया कि अगर चीफ मेडिकल ऑफिसर्स को पोर्टल में शामिल किया गया है, तो चीफ एजुकेशन ऑफिसर्स जैसे शिक्षा अधिकारियों को क्यों नहीं?. वहीं एक दूसरे एक्टिविस्ट मुजफ्फर अहमद के अनुसार जम्मू कश्मीर बैंक, कश्मीर विश्वविद्यालय, जम्मू विश्वविद्यालय और कई अन्य जैसे प्रमुख संस्थान भी ऑनलाइन आरटीआई एप्लिकेशन की सूची से गायब हैं.
‘पोर्टल मोबाइल-अनुकूल वर्जन नहीं’
उन्होंने पंजीकृत ईमेल के जरिए से आरटीआई एप्लिकेशन की पुष्टि की खामी पर भी ध्यान दिया. वहीं एक अन्य आरटीआई कार्यकर्ता का कहना है कि यह पोर्टल मोबाइल-अनुकूल वर्जन नहीं है. वेबसाइटें आमतौर पर मोबाइल उपकरणों पर एक्सेस किए जाने पर खुद ब खुद उसी मोबाइल फॉर्मेट में ढल जाती हैं, लेकिन इस पोर्टल में ऐसा नहीं होता.
‘तबादला हो चुके नोडल अधिकारियों का नाम सूचीबद्ध’
पोर्टल के जरिए से आरटीआई एप्लिकेशन जमा करने वाले एक्टिविस्ट्स ने यह भी बताया कि नोडल अधिकारियों के संपर्क नंबरों को नियमित रूप से अपडेट करने की जरूरत है. उनके अनुसार ऐसे नोडल अधिकारी सूचीबद्ध हैं जिनका तबादला हो चुका है और वो अब उनके सामने दिखाए गए विभागों से जुड़े नहीं हैं. उनका कहना है कि आवेदक की सुविधा के लिए नियमित अपडेट जरूरी हैं.
बीते 10 जनवरी को जम्मू कश्मीर के मुख्यमंत्री उमर अब्दुल्ला ने सिविल सचिवालय में जम्मू-कश्मीर सूचना का अधिकार (आरटीआई) ऑनलाइन पोर्टल का शुभारंभ किया था. इसे शासन में पारदर्शिता और जवाबदेही बढ़ाने की दिशा में एक महत्वपूर्ण कदम बताया गया था. अपने संबोधन में सीएम ने पोर्टल को बनाने में शामिल अधिकारियों को बधाई दी और नागरिकों के लिए आरटीआई एप्लीकेशन प्रोसेस को आसान बनाने में इसकी परिवर्तनकारी क्षमता पर जोर दिया था.

RTI Portal Eases Obtaining Information In J&K; Activists Hopeful It Can Bridge The Gulf

ETV Bharat: Srinagar: Thursday, 16 January 2025.
The online RTI portal launched on January 10 will allow access to information for 61 government departments with 272 nodal officers.

The maiden RTI portal launched by the Jammu & Kashmir government has made access to information a click away, removing the cumbersome process of manual applications with activists optimistic about ushering accountability and transparency in governance.
The online RTI portal launched by Chief Minister Omar Abdullah on January 10 will allow access to information for 61 government departments with 272 nodal officers. It has removed the need for the cumbersome and traditional process involving physical visits to offices.
This will also eliminate the Indian postal orders (IPOs), demand drafts and physical applications. Instead, it allows a citizen to seek information from public authorities to submit the request online generating a unique code through SMS and email for each request. Besides, an official said it will eliminate delays and non-reception of requests with access to the departments at the tap of a click.
This made Jammu and Kashmir join among the 24 states and union territories in the country to have an online facility for requesting information. For activists and concerned citizens, the initiative has triggered hope and optimism of transparency and accountability in governance without any hassle.
Sayed Adil Rashid hailing from Ganderbal has been a key activist with over a dozen requests seeking information from authorities from both the Union Territory as well as Centre about a lack of the RTI Portal in the last few years. Until 2019, Jammu and Kashmir had its own RTI Act 2009 but the abrogation of Article 370 applied nearly 900 central laws including the RTI Act 2005.
But J&K alongside Andhra Pradesh, Jharkhand, Manipur, Nagaland, Sikkim, West Bengal, Andaman and Nicobar, Daman and Diu and Nagar Haveli and Lakshadweep lacked an online portal, prompting Supreme Court intervention.
This came despite the J&K Government offering 1000 online services in 2023 except for RTI. This prompted Rashid to file dozens of RTI applications and letters to public authorities including the Prime Minister in June 2024 to press for the full implementation of the law here.
“Der ayad durst ayad (better late than never),” said Adil saying the availability of online service will help bridge the gap between the public and the government.
Citing drawbacks in the manual process, he said it was challenging for people particularly those living in remote areas to visit the office in the face of the expenses it would incur.
"This cumbersome process would prompt many to avoid filing requests," he said. "But now, the process has been simplified with a deadline set for each request. The nodal officer will know about the pending applications. They will know about the disposal, pending or overdue requests. It can speedily dispose of the application and know the status."
But Rashid pointed out the lack of public authorities including universities like the University of Kashmir, Jammu University and J&K Bank Limited not falling in the RTI domain.
Badrul Duja, advocate and RTI activist is excited about the new RTI portal saying it will "empower people to get not only information but also inspect the sites or documents". He listed the charges including Indian Postal Order, envelope, printing charges, transport and time will be saved now by shifting to online service.
But Duja pointed out that some features like uploading photos with each application mandatory is not citizen-friendly. “You have to convert the format of the photo with the size limit," he added.

Pakistan information commission orders federal ministries to enforce RTI act: By Nadeem Tanoli

Minute Mirror: Pakistan: Thursday, 16 January 2025.

The Pakistan Information Commission (PIC) has directed all federal ministries to enforce Section 5 of the Right to Information (RTI) Act, 2017, emphasizing the mandatory proactive disclosure of public information on their official websites. This initiative aims to enhance transparency, accountability, and citizen participation in governance.
In an official communication to the Secretaries of federal ministries, the Commission underlined the pivotal role of transparency in governance. It called for compliance with the Act’s provisions to ensure public access to information without requiring formal requests. Such openness, the Commission argued, is vital for fostering public trust and encouraging meaningful civic engagement in decision-making processes.
Section 5 of the RTI Act obligates public bodies to publish comprehensive details about their organization and activities, including their structure, functions, decision-making processes, rules, financial records, and audit reports. It also mandates the disclosure of information on licensing criteria, public service protocols, and contracts or concessions granted by the public body. Ministries were reminded that compliance with these provisions was required within six months of the Act’s commencement and urged to align their operations accordingly.
Highlighting the importance of effective implementation, the PIC instructed ministries to establish monitoring and evaluation mechanisms to assess the impact and efficacy of their disclosures. The proactive release of information, the Commission stressed, is key to empowering citizens, promoting accountability, and improving the overall efficiency of public bodies.
Ministries have been given until February 15, 2025, to submit compliance reports detailing their progress in implementing Section 5. The Commission warned that failure to adhere to the RTI Act would result in enforcement actions as stipulated under the law.
The PIC expressed confidence in the ministries’ ability to meet these requirements and assured its full support in promoting transparent and inclusive governance. By making public information accessible, the initiative seeks to not only uphold citizens’ rights but also contribute to a more accountable and efficient public sector.
This directive underscores Pakistan’s commitment to institutionalizing transparency and engaging the public in governance processes, paving the way for strengthened democratic principles and informed civic participation.

Resisting transparency, eroding public trust: Anjali Bhardwaj, Amrita Johri

The Hindu: Opinion: Wednesday, 15 January 2025.
The amendment to Rule 93(2) of the Conduct of Election Rules, 1961, to restrict public access to election-related records, has no place in a democracy

Last year, presiding officer Anil Masih was caught on CCTV camera manipulating votes in the Chandigarh mayor elections to help the Bharatiya Janata Party (BJP) secure victory. The incident underlined the importance of infusing transparency in the electoral process to detect and prevent election fraud. It is ironic then that even before the year ended, the Central government brought an amendment to Rule 93(2) of the Conduct of Election Rules, 1961, to restrict public access to election-related records.
The amendment came days after the Punjab and Haryana High Court directed the Election Commission of India (ECI) to provide information under Rule 93(2) of the Conduct of Election Rules. Copies of Form 17C and CCTV footage of the Assembly elections in Haryana were among the records sought by the petitioner.
Rule 93 of the Conduct of Election Rules provides a framework for people to obtain information related to elections. Rule 93(2) originally stated that other than the records specifically exempt under Rule 93(1), all papers relating to elections shall be available for people to inspect and take copies of. The amendment to Rule 93(2) narrows the scope of people’s right to information by adding a qualification that only “papers as specified in these rules relating to the election shall be open to public inspection”. Records related to the electoral process, including Form 17C, video recordings and CCTV footage, will potentially get caught in the cross hairs of the new amendment.
Delays that led to doubts
The role of the ECI in the matter is particularly disconcerting. One of the safeguards in the Representation of the People Act, 1951, to prevent the ruling party from arbitrarily misusing its power to frame rules is that the rules can be made only “after consulting the Election Commission”. It is baffling why the institution vested with the responsibility of ensuring free and fair elections is opposed to transparency, especially at a time when serious questions have been raised about the sanctity of the electoral process.
In the general elections of 2024, the ECI did not put out voter turnout figures in absolute numbers after the completion of voting in the initial phases. This, coupled with an unusually high revision of 6% in voter turnout in some phases of the election, without any explanation, prompted a public demand for disclosure of Form 17C. Part I of this Form is filled by the Presiding Officer of each polling station at the close of voting and is submitted to the Returning Officer of the constituency. It contains information on the voter turnout and the number of votes recorded in the Electronic Voting Machine (EVM). Part II is filled on the day of counting by noting the votes secured by each candidate as recorded in the EVMs. The documents reveal whether or not voter turnout tallies with the votes polled and counted.
Several political parties also sought copies of Form 17C after the general elections, claiming an abnormally large increase in voter turnout between the figures declared by the ECI at the close of polls on the day of voting and the final turnout declared a few days later. For instance, an ally of the BJP, the Biju Janata Dal (BJD), claimed a massive increase between the two figures in some constituencies in Odisha, raising doubts about the integrity of the election process. In the Assembly elections held in Haryana and Maharashtra, similar concerns were raised and applications were again filed seeking copies of Form 17C and other election records.
Refusal to disclose information
Unfortunately, all these requests were stonewalled by the ECI. In a petition to the ECI, the BJD complained that even its candidates were denied copies of Form 17C, despite making requests under the Representation of the People Act and the Right to Information Act, 2005.
Further, when the matter of proactive disclosure of Form 17C was agitated in the Supreme Court, the ECI opposed it on the specious grounds that there is no legal mandate to share Form 17C with anyone other than the candidates and political parties through their designated polling agents. In fact, it claimed that there is a “one-to-one relationship between each Form 17C and its possessor” and its unrestricted disclosure is amendable to mischief as people may morph the images. Further, it argued that there is no technical facility to scan the documents.
The ECI’s reluctance to share copies of Form 17C is inexplicable. Copies of Part 1 of Form 17C are given to polling agents who are present at the booth and there is no prohibition on their further dissemination. In Digital India, the claim that Returning Officers don’t have the technical facility to scan and upload a couple of thousand pages is scarcely credible.
On December 26, 2024, more than six months after the general elections, the ECI released a set of 42 statistical reports terming it a “Treasure Trove for stakeholders including academicians, researchers, election watchers worldwide”. This too had no data from Form 17C, which would conclusively resolve the vexed issue of difference between votes polled and counted.
Transparency is key to ensure public trust and participation in the electoral process. In 2024, the Supreme Court struck down the electoral bonds scheme as being violative of a voter’s fundamental right to information. A challenge to the new amendment has already reached the apex court. Rather than wait for the verdict of the judiciary, the ECI and the BJP would do well to realise that this amendment has no place in a democracy and withdraw it.

विभाग से पूछा जिले में कितने होमगार्ड? RTI का डाक से आया ' जवाब' देख सन्न रह गए लोग

Zee News: Azamgarh: Wednesday, 15 January 2025.
यूपी के आजमगढ़ जिले से एक हैरान करने वाला मामला सामने आया है. जहां जिले में तैनात होमागार्ड के बारे में आरटीआई से जानकारी मांगी गई थी. लेकिन इसमें मिला जवाब देखकर लोग सन्न रह गए.

यूपी के आजमगढ़ जिले से एक अजब-गजब मामला सामने आया है. जिले के होमगार्ड मण्डलीय कमाडेण्ट व होमगार्ड जिला कमाडेण्ट से आरटीआई के तहत मांगी गई जानकारी की जगह रजिस्टर्ड डाक से दो-दो बार सादा कागज मिला है. होमगार्ड विभाग पर लगा ये आरोप जन सूचना अधिकार की खिल्लियां उड़ा रहा है.
क्या है पूरा मामला:
आजमगढ़ जिले के होमगार्ड संगठन पदाधिकारी ने बताया कि नवम्बर महीने में जन सूचना अधिकार के तहत होमगार्ड जिला कमांडेंट से जिले में कितने होमगार्ड कार्यरत हैं, किन-किन स्थानों पर उनकी ड्यूटी लगती है. इसकी जानकारी जनसूचना अधिकार के तहत मांगी गई थी. लेकिन इसके जवाब में मांगी गयी रिपोर्ट में जो रजिस्टर्ड डाक से पत्र मिला उसे देख वह हैरान रह गए. इसमें केवल सादा कागज था.
सूचना पर मिला 'कोरा कागज':
यही नहीं दूसरी बार दिसंबर में दोबारा होमगार्ड के मण्डलीय कमांडेंट से जन सूचना अधिकार के तहत रिपोर्ट मांगी गई कि जिले में कितने होमगार्डों की किन-किन पैलेस पर ड्यूटी लगती है. जिसके जवाब में उन्हें 13 जनवरी को दोबारा रजिस्टर्ड डाक से जो लिफाफा मिला. उसमें भी सादा कागज मिला.
वीडियोग्राफी भी कराई:
जिला कमाडेण्ट द्वारा भेजी गयी रिपोर्ट में सादा पेपर मिलने के कारण, जब दूसरी बार जानकारी लेने की कोशिश की गई तो दूसरा रजिस्टर्ड पत्र प्राप्त करते समय पोस्टमैन के सामने वीडियोग्राफी कराई गई. जहां मण्डलीय कमाडेण्ट के पत्र के जबाब में भी सादा कागज मिला, जिसे देखकर लोग सन्न रह गये.
विभागीय अधिकारियों पर लगे आरोप:
होमगार्ड संगठन के पदाधिकारी ने आरोप लगाया कि यह विभागीय अधिकारी सरकार की मंशा के विपरीत कार्य करके सरकार की छवि को धूमिल कर रहे हैं.

It’s time our youth used their right to information: Shamsul Bari and Ruhi Naz

The Daily Star: Bangladesh: Wednesday, 15 January 2025.

More than five months after the interim government took office in Bangladesh, our youth who spearheaded this change appear to have not yet discovered the country's Right to Information (RTI) Act, the only instrument available to citizens to probe the work of government offices. Yet, this is a readily available tool for them to create the changes in governance that they wish to see.
NGOs and activists still promoting the RTI law, however, tell us there have been recent indications of interest among youths in exercising the law. For this budding interest to turn into action, more of them must come forward, and the vacant information commissioner posts must be filled. Here are some examples to help our youth understand the importance of the RTI law.
The first example, dating back to 2010, relates to one of the earliest RTI requests in the country. It was submitted by the Bangladesh Environmental Law Association (BELA), of which Syeda Rizwana Hasan, an adviser to the interim government, was the executive director. Information was sought from Rajdhani Unnayan Kartripakkha (RAJUK), the city development authority, on the construction of a high-rise building on Hatirjheel Lake in Dhaka, known as the BGMEA Tower. When RAJUK failed to respond to the original request and a subsequent appeal, a complaint was lodged with the Information Commission. The latter ordered the release of the information, which RAJUK refused to entertain. This led to the issuing of a legal notice to the authority's chairperson, who finally released the requested information to BELA.
The information revealed that the BGMEA Tower was built on government land without respecting the conditions attached to the permission provided by RAJUK. A case was filed with the High Court, where the information was used as evidence of the tower's illegal construction. The court ordered its demolition for violating several laws. This building, a stark reminder of corruption at high levels and the need for public vigilance, was ultimately brought down.
Second, in 2011, an NGO worker named Asad was monitoring the implementation of minimum wage rules for workers in the shrimp processing industry. He asked the Department of Labour in Khulna for information on the number and names of shrimp processing plants in the region that had implemented the minimum wage. Following several hearings, he obtained an order from the Information Commission directing the labour department to provide complete and accurate information. This revealed that not all plants followed the rules, and many workers were denied the minimum wage. Since then, the situation has changed, and workers reportedly receive full entitlements.
The third case is related to the illegal occupation of public property. In 2014, Arup Roy asked the Bangladesh Water Development Board (BWDB) for information on a large piece of land and whether it had been leased to any person or institution. He received no response even upon appeal, so he complained to the Information Commission. At the complaint hearing, the BWDB lawyer revealed that the land belonged to the BWDB and was under illegal occupation. The commission ordered the BWDB to take necessary measures to evict unlawful occupants.
Another 2014 case, widely reported in the press, centred around the efforts of an NGO named Udayankur Seba Sangstha (USS) in Nilphamari district. The NGO enables communities to carry out collective self-help efforts. In a monthly group meeting, participants learnt that some members had received Tk 1,000 each from the local branch of Sonali Bank. These were apparently "beggar loans," approved under a bank scheme without requiring repayment. The recipients were, however, made to sign a form, one of whom discovered that the inscribed amount was Tk 27,000. Upon further enquiry, participants learnt that Sonali Bank had indeed launched a programme called "Swanirbhor (self-reliant) Bangladesh" to provide loans, between Tk 5,000 and Tk 30,000, to indigent people for income generation activities.
The group realised they were victims of a scam and would be required to repay the large loans they had inadvertently signed for. However, being aware of the RTI Act, each victim made an RTI application to the concerned branch of the bank. They soon received responses showing that each of them owed between Tk 10,000 and Tk 30,000 to the bank. The noise and demonstrations that followed resulted in Sonali Bank appointing an investigation committee to unearth the scam. Thereupon, the Bangladesh Bank issued an order for recovery of the scammed amounts from guilty officials and employees.
In our last example, one Nowshad Hossain from the Boideshir Haat area in Chirirbandar upazila, Dinajpur, was unhappy about the continuous sand excavation in the Atrai River, on which Boideshir Haat is located. It damaged the beauty of the area and caused environmental hazards. As the excavation was conducted by a private enterprise, which took a lease for the purpose from the district administration, Nowshad sent an RTI request to the deputy commissioner's office in August 2022 asking for measures the authorities had considered to stop the damage being caused to the area and the surrounding riverbanks. Not receiving a response, he appealed to the divisional commissioner's office. The divisional commissioner promptly responded, saying that the excavator's permit was being cancelled.
Many such examples could be cited to demonstrate that, despite its scant use, the RTI Act is indeed a formidable tool for citizens to monitor the work of our public officials and ensure their transparency and accountability to the people. Imagine the impact on the country if many more of us undertook the responsibility and utilised the opportunity provided through the RTI Act for similar purposes. Such efforts alone may go a long way towards meeting many demands for reform aired in the country since the overthrow of the previous regime.
(Dr Shamsul Bari and Ruhi Naz are chairman and assistant director (RTI), respectively, at Research Initiatives, Bangladesh (RIB). They can be reached at rib@citech-bd.com)

'विश्वविद्यालय पर पड़ेंगे गंभीर परिणाम', PM मोदी की डिग्री उपलब्ध कराने के CIC के आदेश पर DU ने दिया तर्क.

जागरण: नई दिल्ली: मंगलवार, जान्यूआरी 14, 2025.

दिल्ली विश्वविद्यालय ने प्रधानमंत्री नरेंद्र मोदी की डिग्री की जानकारी उपलब्ध कराने के केंद्रीय सूचना आयोग (सीआईसी) के आदेश को चुनौती दी है। डीयू का तर्क है कि आरटीआई का उद्देश्य किसी तीसरे पक्ष की जिज्ञासा को संतुष्ट करना नहीं है। सॉलिसिटर जनरल तुषार मेहता ने कहा कि सीआईसी का आदेश स्थापित कानून के विपरीत है और इसके दूरगामी प्रतिकूल परिणाम होंगे।

दिल्ली विश्वविद्यालय ने सोमवार को कहा कि सूचना का अधिकार (आरटीआई) का उद्देश्य किसी तीसरे पक्ष की जिज्ञासा को संतुष्ट करना नहीं था। डीयू की तरफ से पेश हुए सॉलिसिटर जनरल तुषार मेहता ने न्यायमूर्ति सचिन दत्ता की पीठ के समक्ष कहा कि छात्रों की जानकारी एक विश्वविद्यालय द्वारा विश्वसनीय रूप में रखी जाती है और कानून द्वारा इसे छूट दिए जाने के कारण इसे किसी अजनबी को नहीं बताया जा सकता है।

डीयू ने यह जवाब प्रधानमंत्री नरेन्द्र मोदी की डिग्री के बारे में जानकारी उपलब्ध कराने के केंद्रीय सूचना आयोग (सीआईसी) के आदेश को चुनौती देने वाली अपनी याचिका पर दिया।

'प्रशासन की दक्षता पर प्रतिकूल प्रभाव पड़ेगा'मेहता ने सोमवार को सीआईसी के आदेश को स्थापित कानून के विपरीत बताते हुए कहा कि आरटीआई अधिनियम के तहत सभी और विविध सूचनाओं के प्रकटीकरण की अंधाधुंध और अव्यवहारिक मांग अप्रभावी होगी और प्रशासन की दक्षता पर प्रतिकूल प्रभाव डालेगी। मेहता ने कहा कि सीआईसी के आदेश का याचिकाकर्ताओं और देश के सभी विश्वविद्यालयों के लिए दूरगामी प्रतिकूल परिणाम होंगे।

Will Maharashtra Government Be Held Accountable For Negligence in Prevention of Atrocities of SC/STs?

The Wire: Bodhi Ramteke: Mumbai: Tuesday, January 14, 2025.

The vigilance and monitoring committee in Maharashtra for SC/ST Prevention of Atrocities Act has held only one meeting in eight years to review progress on the cases under the act, an RTI exposed. The law mandates two meetings per year to ensure its implementation.

The establishment of a law serves not as an end but a means to enact justice through its vigorous enforcement. Without this crucial step, the rule of law stagnates, and the basis of legal protection, as well as social justice, crumbles. This picture gets evident in India where we witness the plights of the marginalised for justice in a society ruled by caste-varna privileged establishment.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 (SC/ST (PoA) Act) was implemented as a legislative commitment to the Dalit and Adivasis. The act acknowledges the dehumanising indignities, humiliations, and offences faced by them, and also seeks to ensure their protection against caste-based atrocities and any form of social exclusion. It spans from the social relationships to the wider economic inequalities, primarily dealing with the violation defined by the provisions of the act and established precedent.

For such a powerful legislation, however, the act also runs the risks in implementation due to the inherent systemic inefficiencies and a lack of political will. As a result, the effective implementation became a challenge, resulting in a legal failure that betrays the idea of justice and equality for the most marginalised, who frequently become victims of institutionalised discrimination and violence in the caste system.

This failure, and an indifference of the state, is vividly seen in Maharashtra, where the authorities have gone to the extent of actively violating its provisions.

Recent data under Right to Information (RTI) Act on meetings of the ‘state level vigilance and monitoring committee’ has exposed Maharashtra’s reluctance in protecting SCs and STs, thereby bringing out the systemic gaps in addressing caste-based atrocities.

What went wrong with the SC/ST Act’s execution in Maharashtra?

According to Rule 16 of the SC/ST (PoA) Amendment Rules, 2016, a high-powered state level vigilance and monitoring committee is formed, consisting up to 25 members including key ministers, elected representatives (MP, MLA and MLCs) from SC and ST communities, senior officials and representatives of National Commissions for SCs and STs. It is chaired by the chief minister of the state and is required to meet at least twice a year to review the progress.

Information obtained under the RTI Act about the conduction of these meetings from 2018 to 2024 has revealed stark laxity. According to a response from the social justice department on December 30, 2024, the Maharashtra government has not convened a single meeting of the state-level vigilance and monitoring committee in the past six years. The last meeting was held on August 30, 2018.

Furthermore, in response to a starred question in the Lok Sabha regarding vigilance committee meetings, then-social justice minister Thawar Chand Gehlot in March 2020 presented data for 2016, 2017 and 2018.

The response revealed that Maharashtra had not conducted any state-level meetings in 2016 and 2017 either. Over the eight years when the committee was supposed to meet 16 times, it convened only one meeting.

The Maharashtra government has been led by two different coalitions in the last eight years – the Maha Vikas Aghadi (MVA) under Uddhav Thackeray and the Mahayuti under Eknath Shinde. The latter’s chief minister, Eknath Shinde, also held the portfolio of the social justice department.

Despite this, lack of meetings underscores a profound systemic failure. But what is even more alarming is the reason cited for not conducting the meetings.

Are Dalits and Adivasis not a priority for Maharashtra?

The social justice department, as per the RTI reply, tried to arrange a time and date for the meetings with the chief minister, but there was no time available for them, and hence the meeting has been indefinitely pending.

The fact that this delay went on for 6 years indicates that the promises of welfare and rights of marginalised communities are nothing more than hollow assurances.

Former IAS Officer E.Z. Khobragade, who sought this information under the RTI Act, said, “When it is mandated by law, how can the chief minister claim they don’t have time to conduct even a single meeting? Despite the increasing incidents of crimes, the state’s failure to convene meetings reflects the apathy of the state towards vulnerable communities.”

“Before the elections, the chief minister was seen attending events to promote schemes like the ‘Ladki Bahin Yojana’. They had time for such promotions but not for conducting these crucial meetings?” he asked.

Can a CM be prosecuted under the Act?

Under the SC/ST (PoA) Act, Section 4(2)(g) provides for punishment for “public servants” who willfully neglect their duties under the Act and its Rules. Specifically, it states that any “public servant” who is not a member of the SC/ST community, shall be punished for refusing to perform their duties under the Act.

In this case, the chief minister and other committee members, by neglecting the conduct of mandated meetings under the Act, have displayed a willful neglect of their constitutional duties. Their failure to ensure their occurrence, despite the statutory requirement, is deliberate inaction which makes them liable for prosecution.

Although a chief minister is not explicitly defined as a public servant under the Indian Penal Code (IPC) – or its successor, the Bharatiya Nyay Sanhita (BNS) – the Supreme Court, in the landmark case of M. Karunanidhi v. Union of India (1979), affirmed that a minister or CM falls within the ambit of ‘public servant’, as defined under Section 21(12)(a) of the IPC, now codified in the corresponding section of the BNS.

The Supreme Court’s judgment elaborates:

By virtue of the provisions contained in Article 167 of the Constitution, the Chief Minister undoubtedly performs public duties as mandated by clauses (a) to (c) of Article 167. The Chief Minister and Ministers receive salaries and allowances from government funds, which are disbursed in lieu of the public duties they perform. As such, they are in the pay of the government and therefore qualify as public servants under the Penal Code.

It further clarifies that the salary they receive from the government treasury underscores their accountability to the public service they are appointed to deliver. The salary given to the chief minister is conterminous with the office and is not paid like constitutional functionaries such as the president and the speaker.

Even though a first information report (FIR) may not be easily registered against them, communities and advocates need to persist in filing formal complaints, as the law unequivocally supports such actions. These efforts can act as a mechanism to expose the authorities’ blatant neglect of duties and can create public awareness about their shortcomings. It can create necessary pressure on officials to fulfil their responsibilities toward marginalised communities.

Atrocities against SCs and STs on the rise in Maharashtra

Violence against SC/STs has been on the rise in Maharashtra in the past few years. A recent incident in Parbhani, Maharashtra, whereby a combing operation was conducted in a Dalit locality resulting in the custodial death of a law student, reiterates the insensitivity of the state towards Dalits and the misuse of police power to target Dalits.

Families of victims like Somnath Suryawanshi, who was an Ambedkarite activist, are left to protest for justice against government bodies that are supposed to prevent these atrocities. It is the authorities’ institutional passivity and indifference that adds to these communities’ grievance and suffering.

This is not an isolated incident. In recent years, there have been several serious cases that highlight the need to strengthen the implementation mechanism of the SC/ST (PoA) Act.

In fact, the 2022 National Crime Records Bureau (NCRB) report shows a rise in crimes against SC/STs across India, with 57,582 atrocities cases registered against the scheduled castes that year, representing a 13.1% jump from 50,900 cases in 2021.

In Maharashtra, the number of cases under the Act registered by persons from SC communities grew by over 38.96% from 2018 (1,947 cases) to 2022 (2,743 cases). It increased by 41% in the case of STs. Maharashtra has the fourth-highest number of reported cases.

According to a report by the Dalit Mahila Adhikar Manch of the National Campaign for Dalit Human Rights, Maharashtra also ranked fourth in case of crimes against Dalit women and minor girls from 2014 to 2019. At the same time, the conviction rates for crimes against SCs and STs in Maharashtra are disturbingly low.

For SCs, the conviction rate in 2018 was just 8.8%, dropping to 7.2% in 2019, marginally increasing to 11.8% in 2020, again dropping to 10.7% in 2021 and 8.9% in 2022. As of the end of 2022, 14,504 cases involving crimes against SCs were pending trial.

For STs, the conviction rates were similarly poor – 11.3% in 2018, 11.9% in 2019, 12.5% in 2020, 11.8% in 2021 and 12.8% in 2022. At the end of 2022, 4,149 cases of crimes against STs were still awaiting trial.

P.S. Krishnan, who authored the SC/ST (PoA) Act, underscored the crucial role of state-level committees in the entire process. One of his writings referred to the notorious murder case of V. Shankar, a Dalit youth in Tamil Nadu in which the trial was over in one year and nine months.

He praised the amendment of the Act in 2015 that gave the law its teeth – with an appointment of a dedicated special public prosecutor – and enabled the speedy trial. However, he added, if high-powered vigilance and monitoring committees were formed and meetings were held regularly, justice could have been delivered even faster.

This highlights the critical role such committees play in ensuring justice for marginalised communities – an obligation that the state of Maharashtra has turned a blind eye to.

Bodhi Ramteke is a lawyer, researcher, and an Erasmus Mundus Human Rights Scholar currently pursuing a master’s degree across multiple universities in Europe and the UK.

88 killed in five years in BEST accidents.

Deccan Herald: Mrutunjay Bose: Mumbai: Sunday, January 14, 2025.

Rs 42.40 crores as financial compensation has been given to the next of kin of the dead and injured citizens.

Accidents involving buses of the BrihanMumbai Electricity Supply and Transport (BEST) has claimed 88 lives in the last ve years, according to information received under the Right to Information Act (RTI) in the wake of the shocking Kurla road accident.

Rs 42.40 crores as nancial compensation has been given to the next of kin of the dead and injured citizens.

Egal Benjamin, Senior Transport Ofcer of BEST, gave detailed information about the last 5 years to Galgali. In the last 5 years, there have been 834 accidents involving BEST and private contractors. Of these, BEST staff was involved in 352 accidents with 51 fatalities while private contractors had 37 fatalities out of 482 accidents. “The year 2022-23 and the year 2023-24 recorded the highest 21 deaths each,” said Galgali.

'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court.

Live Law: Nupur Thapliyal: New Delhi: Tuesday, January 14, 2025.

In the case related to Prime Minister Narendra Modi's academic degree, the Delhi University on Monday told the Delhi High Court that the purpose of Right to Information (RTI) Act is not to satisfy someone's curiosity.

SGI Tushar Mehta made the submission on behalf of the varsity before Justice Sachin Datta.

The Court was hearing DU's plea filed in 2017 challenging an order of the Central Information Commission (CIC) directing it to allow inspection of records of the students who had passed BA programme in 1978, when Prime Minister Narendra Modi is also stated to have cleared the examination. The order was stayed on the first date of hearing on January 24 in 2017.

"Section 6 [of the RTI Act] provides a mandate that information has to be given…. But the RTI Act is not for satisfying someone's curiosity," SGI said.

Furthermore, Mehta submitted that the RTI law cannot be misused by ordering disclosure of information which is “unrelated” to the transparency and accountability in functioning of public authorities.

He said that any individual can ask the varsity to give his or her degree or marksheet if the Rules allow the same but Section 8(1)(e) of the RTI Act exempts disclosure of such information to a third party.

Mehta said that the impugned order passed by the CIC was contrary to the established law.

"He wants everybody's information in the year 1978. Somebody can come and say 1979. Someone 1964. This university was established in 1922," he said.The matter will now be heard later this month.

About the Controversy

RTI Activist Neeraj Kumar had filed an RTI application seeking result of all the students who appeared in BA in 1978 alongwith their roll number, name, marks and result pass or failed.

The Central Public Information Officer (CPIO) of the DU denied the information on the ground it qualified as "third party information". The RTI activist then filed an appeal before the CIC.

CIC in the order passed in 2016 said: "Having examined the case, the synonymous legislations and previous decisions, the Commission states that matters relating to education of a student (current/former) fall under the public domain and hence order the relevant public authority to disclose information accordingly."

The CIC had observed that every University is a public body and that all degree related information is available in the varsity's private register, which is a public document.

Before the High Court, Delhi University, on the first date of hearing in 2017, contended that it had no difficulty in providing the information sought on the total number of students who appeared, passed or failed in the said examination.

However, on the prayer seeking details of the results of all students along with roll numbers, names with father names and marks, the varsity argued that such information was exempted from disclosure.

It was argued that the same contained personal information of all the students who had perused in BA in 1978, and that the information was held in fiduciary capacity.

Title: University of Delhi v. Neeraj Kumar

OTP system introduced on the RTI Act portal to protect the personal information of applicants, says Centre.

The Hindu: New Delhi: Tuesday, January 14, 2025.

An applicant from Madurai says that undue delay in OTP delivery undermines the efficiency of the RTI Act process. He demands that OTPs be sent through SMS, besides email.

The Department of Personnel and Training has said the system of sending one-time passwords (OTPs) to applicants for viewing the status of their applications under the Right to Information (RTI) Act was introduced to protect their personal information.

In a reply to the Madurai-based railway union leader, V. Ramkumar, the Department Secretary has said the applications under the Act contain the personal information of the applicants; hence, the system has been introduced.

Mr. Ramkumar had complained that the inordinate delay in sending the OTPs by e-mail was causing inconvenience to the applicants. The Secretary, however, said the delay in receipt of OTPs could be due to various reasons. “But, as there is no expiry of the OTP, whenever it is received, it can be used to view the status. Once the status is viewed, the OTP expires,” he clarified.

Though Mr. Ramkumar welcomed the measure to protect the personal information, he said the delay in OTP delivery raised concerns about the efficiency of the process. “This delay is particularly noticeable, compared with the other systems, such as banking transactions, in which OTPs are delivered within seconds and are valid for a very short period, usually one or two minutes,” he pointed out.

Mr. Ramkumar has sought OTP delivery on the mobile phone, besides the email. “OTPs should also be sent through SMS to ensure faster and more reliable delivery,” he said. Furthermore, the OTPs should be delivered without delay, ideally within a few seconds, to prevent disruption and offer a hassle-free experience to the applicants, he said

RTI flouted with impunity: Editorial

Business Recorder: Pakistan: Monday, 13 January 2025.
EDITORIAL: In deference to Article 19-A of the Constitution that guarantees every citizen the right to information (RTI) in all matters of public importance, federal and provincial governments have enacted supplementary laws. But compliance is another story.

There have been several instances of civil society members’ queries being dismissed by the authorities concerned on one pretext or the other. That was bad enough. Various federal ministries and departments also don’t care much about fulfilling their obligations under Section 5 of the RTI Act that only requires them to publish such basic information as their functions, regulations, notifications, policies, and audit reports among other things, reveals a civil society organisation, Free and Fair Elections Network (Fafen), in a recent assessment report.
According to the report, out of 40 divisions’ websites monitored not a single one was found to have fully conformed to Section 5 of the RTI law. The Cabinet Division and Inter-Provincial Coordination Division had the highest compliance rate of 42 percent.
For other divisions and departments it was a downward slide from 40 percent to 35 percent, 31 percent, 19 percent, 15 percent, and 9 percent. They obviously did not consider worth their while to keep the people informed, or had little to show them by way of decent performance.
But the feedback was not any better when Fafen directly approached 33 federal ministries with information requests. Only 19 of them responded. Nine ministries, among them those of Climate Change, Commerce and Defence Production, provided the requested information within the stipulated timeframe; 10 others after the deadline.
The remaining 14, including the Ministries of Finance, Revenue, Interior, and Railways, gave no answer. It does not take long to figure out why they failed to reply to Fafen’s requests. Presumably, the first two ministries had wanted to avoid questions about issues causing financial hardships to the people, the third regarding its much controversial actions and policies, and the fourth one to hide its inefficiencies.
This amounts to negating the very idea of the people’s right to know, and allowing them to hold governments accountable for their acts of commission and omission.
RTI is premised on the principle that the people are the owners of information regarding all governance-related matters. It enables them to demand improvement of public services, elimination of corruption, and other wrongdoings all reasons for governments’ resistance to almost every ask for information.
Which makes it all the more important to keep pressing the governments at the Centre and the provinces for maintaining transparency in their functions, policies, and financial affairs.
Copyright Business Recorder, 2025

Speaker Ghimire urges political parties to implement RTI Act effectively

The Rising Nepal: Kathmandu: Monday, 13 January 2025.

Speaker Devraj Ghimire has stressed that all public entities and political parties should ensure an effective implementation of the Right to Information Act, 2064 BS (2007).
Speaking at an interaction on 'practice of RTI related laws in political parties' organised by the National Information Commission here today, the Speaker urged political parties to ensure the effective enforcement of the Act so as to strengthen democracy. He wanted political parties to promote transparency in their functioning to win the citizens' trust.
The Speaker reminded political parties of the provision mandating the Act for public entities regarding a proactive disclosure of the information in every three months. He urged each public entity to respect citizen's fundamental right to information guaranteed by the Act, RTI Regulations- 2065 BS and the Constitution.
"We are parties to the Universal Declaration on Human Rights and International Covenant on Civil and Political Rights, and our Constitution has guaranteed the citizens' right to access information," he added.
He further urged political parties to uphold the Act and bring it into wider practice to further strengthen the parliamentary system.
Bhishmaraj Angdembe of the Nepali Congress, CPN (UML)'s Pradeep Gyawali and CPN (Maoist Centre)'s Agni Prasad Sapkota argued that respective political parties have effectively implemented the Act.

Disclosure curbs enfeebling RTI law: Wajahat Habibullah

The Tribune: Comments: Monday, 13 January 2025.
Much remains to be done by the Supreme Court to ensure effectiveness of the Act

THE Supreme Court’s recent ruling on the Right to Information (RTI) Act has invited widespread comment and much appreciation from activists. “An institution has been created,” said Justice Surya Kant; he then pointedly asked Additional Solicitor General Brijender Chahar, appearing for the Union of India, “What is the use of this institution if you do not have persons to perform the duties under the law?”
The Bench asked the government why only people from a specific background (bureaucracy) were the favoured few to be appointed information commissioners. “We can take judicial notice of how many people from different walks have been appointed… The entire Commission is overloaded with one set of candidates,” was Justice Kant’s telling comment.
Advocate Prashant Bhushan, appearing for RTI activist Anjali Bhardwaj, had pleaded, “There has been only regression and not progress after the court’s intervention. They are killing the RTI because nobody is interested in giving information. So, the best way to kill the law is to render the information commissions defunct.”
The intervention in question was the decision on a writ petition (civil) of 2019, of which the present ruling is a follow-up. Justice AK Sikri, a judge with high sensitivity to the nuances of the RTI Act, had referred to a report published in March 2018, titled, ‘Report Card on the Performance of Information Commissions in India’. It found that eight information commissions had a waiting time of more than one year for an appeal or complaint to be heard, which was calculated on the basis of the number of appeals and complaints pending as on October 31, 2017, as against the monthly disposal rate. By not filling vacancies in information commissions in a timely manner, the Central and state governments are, in his view, frustrating the very purpose of the RTI Act as receiving information in a time-bound manner is the ‘very essence’ of the law.
The judgment directed in Conclusion (v): “We would also like to impress upon the respondents to fill vacancies, in future, without any delay. For this purpose, it would be apposite that the process for filling of a particular vacancy is initiated one to two months before the date on which the vacancy is likely to occur so that there is not much time lag between the occurrence of vacancy and filling up of the said vacancy.”
The ruling added: “We would like to place on record that aforesaid directions are given keeping in view the salient purpose which the RTI Act is supposed to serve. This Act is enacted not only to subserve and ensure freedom of speech. On proper implementation, it has the potential to bring about good governance, which is an integral part of any vibrant democracy. Attaining good governance is also one of the visions of the Constitution.”
Thus that writ petition was disposed. That order, followed as it is by Justice Kant’s enforcement order, no doubt merits appreciation by the public, to whom the right to freedom of speech belongs under Article 19(1)(a) of the Constitution, and therefore, ownership of the right to any information held by its server, which is the government that it elects.
Yet, in so lauding the judgment, it is well to remember that the apex court has much to answer for in enfeebling the exercise of this right by the citizenry, having gone so far as to exceed its own brief, which is limited, by actually amending the Act.
Former Information Commissioner Shailesh Gandhi, who served with me in the Central Information Commission (CIC) that I chaired and is now a leading RTI activist, lamented in a recent article in The Leaflet that “our right to information is being transformed into a right to deny information before our very eyes”.
After quoting from the Supreme Court ruling in P Ramachandra Rao vs State of Karnataka (2002), which lays down the limits of any court’s jurisdiction in ruling on any law as, “Courts can declare the law, they can interpret the law, they can remove obvious lacunae and fill the gaps but they cannot entrench upon the field of legislation properly meant for the legislature”, Gandhi cites the court’s decision of 2012, unremedied thus far, in Girish Deshpande vs Central Information Commission & Others.
Relying on the clause to protect privacy under Section 8(1)(j) of the Act, the judge went on to give licence to refuse most information at will to public information officers, first appellate authorities, information commissioners and courts. This ruling can and indeed has too often been used to deny information for which the Act mandates suo motu disclosure under Section 4.
The Supreme Court gave no reasoning for this unequivocal conclusion, but merely stated that the information sought was ‘personal’ and need not be given unless a larger public interest could be demonstrated. It chose to ignore whether the information sought stemmed from a public activity or whether or not its disclosure would amount to an unwarranted invasion of the privacy of the individual, which are provisions enunciated in the Act and have been elucidated repeatedly by rulings of the CIC and the courts.
It is necessary to consider the areas in which reasonable restrictions can be placed on the RTI while denying information on the grounds of privacy. These are defined in Article 19(2) of the Constitution and can be encapsulated in two words: ‘decency’ and ‘morality’. Transgression of either would amount to an invasion of privacy. Yet, Justices KS Radhakrishnan and Dipak Misra have given short shrift to these limits and constricted the Act itself in a judgment repeatedly taken recourse to by those in authority seeking to deny disclosure.
And so, while we might heave a sigh of relief at the stand taken to uphold the spirit of our Constitution by the SC, we should urge the revered institution that much remains to be done not only to make the instruments of enforcement Central and state information commissions useful but also to ensure the effectiveness of the law to uphold what has been described by the court as a constitutional right.