RIGHT TO INFORMATION ACT AS A TOOL FOR JUSTCE, TRANSPARENCY AND PARTICIPATION: A FEW CASE STUDIES...

Here are few real life examples of fighters who used the Right to Information Act in their request for justice and showed the world that where there is a will there is a way...

We salute the courage and determination of these fighters...

1. Koliniben Kapasi had differences with her husband and subsequently filed for divorce. But, her case for getting benefits and the custody of her daughter has been pending for the past ten years. When the case filed, her daughter was two and a half years old and when it came up for hearing her daughter was nine years old. This became the premises of the argument against her, stating that since she is nine years old she can live without her mother. The case is still pending in the family court and Koliniben has not been able to meet her daughter. She used the Right to Information Act to ask the authorities about the delay in her case and obtaining documentary evidence on matters relating to her case.
2. Janardanbhai had worked in various public sector units for over twenty seven years but had to take retirement due to an accident in which he lost both his legs. He did not get retirement dues. He used the Right to Information Act to obtain information about why his file is pending and the reason why it was not cleared as yet. He received partial information and has subsequently filed appeals to obtain complete information. His fight for justice and transparency continued and finally, the Court of Chief Commissioner for Persons with Disabilities ruled in favour of Janardanbhai asking the company to settle its dues within twenty days.
3. Niranjanbhai had a house that was demolished by the corporation in 1992 as the old house was coming in the way of the Rath Yatra route celebrating the procession of Lord Jagannath. Yet, despite the demolition, he continued to receive tax bills for the house that was demolished and the house was listed as a residential house only. He now fights for the cancellation on this unfair tax and seeks due corrections.
4. Kashirambhai had applied for a scheme under which Below Poverty Line [BPL] families get financial assistance to construct their houses. But, he did not get any such benefit. But, a few years later he got a notice from the government asking for payment of Rs.8000/- , which was shown as the first installment for the building of the house. Under pressure, he spent a lot of money on lawyers to prove that he got no money or benefit under the scheme. Fearing government suspicion, he did not even repair his house through his own means. Finally, he approached the Saturday Legal clinic through one of his friends where he was helped to file RTI seeking details of the scheme and details of payments shown against his name. Having been denied information, he filed a first appeal and since no order was passed even then, he filed a second appeal. The Commission ordered the first appellate legal authority to pass an order within fifteen days and Kashirambhai was called for a hearing on 1st April. In the process, he was even pressurized by the authorities to withdraw his complaint in return for a house but he was firm and did not budge. Meanwhile, he was sanctioned a house by the government in September’ 08.
5. SEWA is an organization working for women’s empowerment. SEWA runs a programme where a Daai Training Programme (women are trained. According to existing scheme of the government for each safe delivery by trained Daai women, government will give incentive. For years, the Daai women’s payments were not released. When women’s group came to know about RTI, they applied under RTI,asking for reasons behind the delay in payment. The payment of Rs. 1.6 lakh was immediately released subsequently within a week.
6. Pradeepbhai is an active member of the disability advocacy group (DAG), a group of specially abled citizens actively working in Gujarat. Having attained RTI training, he filed a RTI application asking Railway departments about arrangements done at railway platforms to ensure easy accessibility for all citizens. The Railway Management asked Pradeepbhai about his suggestions and subsequently Ahmedabad, Vapi, Rajkot, Surat and Vadodra station platforms were made disabled friendly. Even the reservation counters were designed accordingly. Wheelchairs and other assistance were made easy creating a friendly environment in the stations.
7. Dhulabhai Naai has piece of land as his ancestral property. One fine day, he came to know that his land has been transferred to another person without his knowledge. His land costs in corers as on today. He asked for the documents regarding the ownership and was denied of the same. Dhulabhai is physically challenged and had to face insulting behavior of the officers. Once RTI was in place, he filed a RTI application asking why he was not given the documents. The officer walked to his place with the documents. When Dhulabhai visited the office again, officers talked with him in respect. Today, his land has been encroached by some local people. With all the documents in his hand, Dhulabhai is fighting for getting his land back.
8. Bhikubhai was working at JJ Hospital in Mumbai. In 2001, he suffered from brain fever which resulted in paralysis of both his legs. Not only was he terminated form his job but also lost all his benefits of the Pension scheme and accident insurance policy. Under RTI he sought to know why his pension was denied and getting no reply from the PF office he filed complaint to Central Information Commission. His case is up for hearing this may and he asked for trial via video conferencing as he would be unable to come to Delhi. His son suffers form cerebral palsy and his wife is also physically challenged leaving his family without any source of livelihood. At the time of the hearing, the CIC officials asked PF officials for details as to the delay in pension. The PF department gave their justification saying that some documents were not yet verified. Then, an officer from the PF department personally visited Bhikubhai and completed all formalities and pension was started in September 2008.
9. Gaganbhai Jani, a teacher from Diwan Ballubhai Higher Secondary has asked information about Education qualification of Director of Technical Education Institute in Ahmedabad. He found that the current director does not meet the required qualifications needed to be a director. He also received details about the institute and it was observed that lakhs of rupees were being misused. He filed a complaint against the same and an inquiry is pending.
10. Champaklal Shah resides in the Paldi area of Ahmedabad. His ancestral property is on the outskirts of Ahmedabad. When he checked his documents from the local revenue office, he was surprised to see 4 names were added as his ancestor and owner of the property. Champakbhai has only son. He asked information about how the other names were added in the revenue records, and details of verification procedure done by revenue officer before adding names to revenue records.. He got information that his wife was shown as widow and forged affidavit with her signature was shown where in the four persons were considered as sons of Shri Champakbhai. Champakbhai immediately filed a complaint at the collectorate and he documents were corrected. Forged names wee deleted form the records. Now he has filed a complained demanding action against the officers who were responsible for the same. Three other cases were identified when Champaklal’s case was highlighted.
11. Narodia Patia was one of the worst affected places of the 2002 Gujarat riots. The compensation package, as announced by the government was Rs. 90,000/- in cash and investment bonds worth 60,000/- in the Narmada project to which the families and the family members were entitled a monthly interest of Rs. 500/-. However the amount that each family actually got ranged from Rs. 48/- to Rs. 148/-. Many women got no money at all. On knowing about the RTI, a group of women Nasimabanu, Shaalin, Noorjahan, Yasmin, Taleha, Shabana, Farida and many others filed an application seeking details about the validity, time duration and rate of interest of the bond. The application showed effect and the interest amount of Rs. 300/- was paid regularly. But, the women still feel that the actual amount should be much more than Rs. 300/- and they intend to keep thier struggle on.
12. Ms. Sarojben Rathwa filed complaint against Dr. Harsh Shah and Dr. Shashikant Shah for negligence, in the post delivery treatment of a family member to the Gujarat Medical council. (Medical Council is the licensing and regulatory Authority for medical practitioners. It has power to cancel the license of the medical practitioner in case where serious negligence found and proved on the doctor’s side.) Upon not receiving satisfactory and timely reply from Medical Council, she filed an application under Right to Information, asking for the copy of: Decision of Medical council, Minutes of the meeting in which the complaint was discussed Communication between council and Dr. Harsha & Dr. Shashikant in eference to her complaint. Gujarat council communicated that it did not know about the Right to Information Act. Meanwhile, Sarojben contacted RTI Helpline and narrated the whole story. RTI volunteer of Mahiti Adhikar Gujarat Pahel telephoned to the registrar of the Medical Council and briefed him about RTI. He also said that Medical Council is a public authority and it needs to provide required information to the applicant. Upon knowing that Medical council does not know about RTI, and have not received any communication or training on the act since its enactment, helpline volunteer gave them a copy of the act and also brief orientation. The impact was that, Sarojben got all the required information regarding her complaint. The decision of the Medical council was in English. This was then translated and given to Sarojben The point that needs to be noted, is authority such as ‘Medical Council’ which has very significant role to play in regulation of medical services was unaware of the Act even after six months of enactment of the act. It is not always the officials in the system are at fault. But if they are not given proper and timely inputs, information and training, they will not be able to respond to the queries of the citizen’s.
13. Sabarkantha district is one among six from Gujarat that are covered under NREGA in the first phase. In Balisana village of its Prantij block, workers got ayments as low as Rs.3 to Rs.7 per day for their work. Sabar Ekata Manch and Janpath did fact-finding survey in Prantij block and where in, similar situations were found in all the works that were done in February and March after enactment of NREG. Mr. Natu Barot of Sabar Ekata Manch contacted, Mahiti Adhikar Gujarat Pahel for guidance, about how to acquire Muster Roll and Payment Sheets of the works. Since this information comes under pro-active disclosure category, he was advised to just file an application asking the copy of the muster and payment sheets under RTI. He got the information immediately after filing an application by paying actual photocopy charges. When this muster rolls were studied it came into light that, the amount calculated based on the quantum of work is being written in column 7 of the muster Rolls and that which needs to be paid as per minimum wages is being noted in column ten. There is clear instruction in the printed muster rolls to pay whichever is less from column 7 and column 10. These irregularities and violations were brought to the notice of media through press conference. A small video film was produced with the help of Janpath, which screened for the media. The issue was highlighted. The gaps in the state government scheme for implementation of NREG were submitted to the government. This built pressure on the government. The payments made afterwards were all done as per minimum wage provision. And where quantum of work was more the payment doe is more than the inimum wages. Copy of the muster rolls played key role in effective implementation of NREGA.
14. Shri Anil Ghoda, a volunteer of Sneha Samudaay in Kutch, once visited a family in Rapar block where in male member of the family has turned blind after earthquake, living with his three children and aged mother. His wife had died in earthquake of 2001. His elder son of just 10 yrs age would go for a work to get of Rs.10. The old mother use to beg in the village to feed her grandchildren. Anil was volunteering for an organization called Sneha Samudaay, which was committed for rights of marginalized. He knew that poorest family should get benefit of Antyoday scheme of the government. Thus, he demanded for information about the Antodaya Anna Yojana in Rapar town and how much ration has been provided to Antodaya families in the last six months at PIO, Mamlatdar office. After a month he again applied asking why he being not given information. He was advice by the mamaletdar to go to fair price shop and get the list. Finally Anil went to commissioner with a complaint. It was struggle of 9 months from the day he applied. Finally Anil got the letter form commissioner about the hearing. Anil was pressurized by fare price shop keepers and mamaletdar for not attending the hearing. His parents were given lure of Rs. 20,000 for not sending Anil for hearing. Anil ran away from the house 6 days before the date of the hearing. He stayed at several places in these six days to reach finally to Gandhinagar in the date of hearing. Appearing state chief commissioner RN Das the Mamlatdar tried to shift the blame to the PDS owners. He also blamed inadequate staff strength in the clerk and deputy Mamlatdar cadre for the failure to reply. State information commissioner demanded why this information was not proactively disclosed under section 4(1) of the act. And show cause as to penalty should not be imposed. Also, why the applicant should not be financially compensate for the harassment suffered by him in making frequent trips to his office as well as in coming all the way from Kutch to Gandhi Nagar for the hearing. Commissioner, Food and Civil Supply Department has issues special ircular saying that list of Antyoday Anna Yojana Beneficiaries should be pro-actively disclosed at all the fair price shop, block level as well as district level.
15. Shailesh Patel, from Agariya Heet Rakshak Manch, filed an application of seeking information:

• Details of the each of the patient attended by Comprehensive Mobile health Van Unit, in the last six months from Surendranagar district of Gujarat. (This mobile health van are allotted for health check-up for salt pan workers)
• The details asked were: (Name of the patient, address, type of disease, medicine given, treatment given, follow-up done)
• Copy of the route plan and logbooks of the mobile health Van

He didn’t receive the information within thirty days. After thirty days, he receives intimation from the authority, to pay Rs.3600 which includes the charge for making data entry of the information and cost of photocopying.

Shailesh, calls up the PIO, learns that PIO have not received any training for the same Shailesh, thus made him understand about various provisions of the act. PIO apologize to Shailesh for not providing information. Soon, he gives all the required information on CD free of cost, as per provision of act. PIO also asks Shailesh to help him out in future if needed any guidance.

The information received was circulated amongst the saltpan workers, which created awareness and local monitoring system. The Comprehensive mobile health van now started visiting the workplaces.

Agariya Heet Rakshak Manch offered free announcements of the health van visits in their weekly Radio programmes. This helped in making the services more effective and accountable.

The Salt-pan workers of Gujarat, stays in little Run of Kutch, for more than 8 to 10 months. The worksites are generally 20 to 30 km away form the revenue villages. The availability of health check-up and treatment services reduced their expenses on medicines. Their workdays were saved and thus adding to their income.