The
Week: Kerala: Sunday, 10 August 2014.
Joy
Kaitharath is 62 years old. But, age is no bar for his RTI activities. Nor does
it stop him from fighting corruption, power misuse and human rights violations.
He is the first RTI activist in the state to be provided police protection.
It was during
Kaitharath's tenure as chairman of its standing committee that Mattathur Gram
Panchayat in Thrissur, Kerala, received the Best Gram Panchayat Award in 1999.
The village received the Nirmal Grama Puraskar in 2007 for the sanitisation
activities during his tenure. In 2009, the Confederation of NGOs of Rural India
conferred him the Servant of the Poor award at New Delhi.
Kaitharath
came in the limelight when he filed a case against Shashi Tharoor, who was then
minister of state for human resource development. Kaitharath alleged that
Tharoor disrespected the National Anthem at an event held in Kochi in December
2008.
In an
interview with THE WEEK, Kaitharath speaks on his anti-corruption drive and
human rights activities. Excerpts:
What have
been your major campaigns?
There have
been many. I think I should mention three major cases. The Malabar Cements
corruption was among the biggest the state has witnessed, which, we believe,
amounts to Rs 2,000 crore. The case worsened after the mysterious deaths of
Saseendhran, its company secretary and witness in the case, and his two
children in 2011.
Second, in
2012, we found out huge irregularities by the Kerala Cricket Association (KCA)
in the land deal for a cricket stadium in Kochi. The waiving of stamp duty and
registration for the land proposed for the cricket stadium had caused a loss of
crores of rupees to the exchequer. The case is still on.
Third, we
brought to light the corruption in admission procedures and providing affiliation
for medical colleges at the Kerala University of Health Sciences, Thrissur.
Has
whistle-blowing affected your personal life?
Besides
pressure to back out from cases, there have been threats to life, too. In April
2013, the Chief Information Commissioner of Kerala, based on report received
from the Centre, issued directions to the state police to provide me police
security, stating I had been targeted. I did not accept police accompaniment.
Threats, however, have not affected my activism or my family life. My family
has been supportive throughout.
Why did
you refuse police protection?
I did not
want the police to accompany me all the time. First of all, I do not believe
that the police can save one's life. If so, Rajiv Gandhi and Indira Gandhi would
not have been assassinated.
Police
accompanying me would hinder my work. My work demands confidentiality regarding
both the information and the informer. I am not scared. No one can assault me
in my hometown. I am often accompanied by friends when I travel.
People say
that your filing a case against Tharoor in 2009 was for media coverage.
Of course it
was, but not for personal fame. Even if I had organised a huge campaign,
spending crores of rupees, I would not have been able to create so much
awareness about respecting the National Anthem.
Your first
RTI application?
It was in
2005, after the Act was just introduced. The application was filed with the
state PWD on details related to Kodakara-Vellikulangara road development in
Thrissur. Information given to my RTI application revealed irregularities in
the road development and encroachment of property allotted for the road
development. A case was filed before the Lokayukta, and the court later ordered
to remove the encroachers, re-capturing more than 9 acres of land.
What is
the nature of your activities? How is it funded?
I do not file
any case on personal interest. I am general secretary of State Human Rights
Protection Centre. We study issues, debate and take decisions. I am entrusted
to execute it. At present, there are almost 40 ongoing cases that I have filed
against authorities who failed to correct errors or omissions, or provide
solution to issues. I rely on information sought under the RTI Act.
We have
friends and well-wishers who help us financially on a regular basis and also
when there is a need. We have spent almost Rs 10 lakh so far, conducting cases
and seeking information under the RTI. Many advocates and subject experts have
rendered service free of cost. The state and the public have gained because of
our efforts. To cite a few examples, the land recovered from the
Kodakara-Vellikulangara road encroachers is worth about Rs 50 crore. The land
recovered from Santiago Martin's possession is worth at least Rs 125 crore.
How can
the RTI Act be improved?
The process
should be more liberalised and simplified. How many people are actually able to
utilise this provision? The RTI Act should be used to prevent it from dying
out.
Also,
provision should be made to file online applications to the authorities under
the state governments; now online applications can be filed to request
information from departments under the Central government.
Besides
imposing a fine on the information officers who fail to provide proper and
complete information in time, their negligence should be entered in the service
books, and should be considered in performance appraisal.
Information
sought from the home department is denied the most. This should change.
What are
your current priorities?
Information
provided for RTI application revealed 1,200 accidental deaths at 8,000
abandoned quarries across Kerala. We filed a case in the Kerala High Court,
which has now been referred to the National Green Tribunal (NGT), Chennai.
A detailed
study revealed that the Kerala Minerals and Metals Ltd (KMML) in Chavara,
Kerala, has been functioning without necessary safeguards, and the waste
disposed has been leading to severe environmental disasters and fatal diseases
including cancer. About 200 million litres of highly polluted water is flushed
out every year. Radioactive and hazardous wastes are dumped, violating law.
Groundwater level and quality were affected. This has called for the
rehabilitation of around 1,500 families living on over 400 acres of land. I had
submitted a PIL in the Kerala High Court seeking specific remedies. The case
has been referred to the NGT.
Union
ministry for personnel, public grievances and pensions recently made anonymous
RTI applications valid. Will you recommend allowing anonymous RTI applications
in all departments?
Only cowards
want to remain anonymous. The RTI Act is not for cowards. Provision to file
anonymous RTI application is not necessary.
The
Whistleblowers Protection Act has received the President's nod. How would it
affect your activities?
It is the
nation's responsibility to protect the activists. This Act, I believe, would
help everyone to raise their voices, without fear, against corruption.
How
connected are you with other activists in the state?
We are
well-networked. We support and guide each other and instil courage when facing
issues.
How long
will you continue your activities?
I have no
plans to quit [laughs].
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