A right to do wrongs?

The Hindu: Kerala: Monday, 31 August 2015.

It is worrisome when the right to information turns into a licence for irresponsible social behaviour.

Information empowers, but there are those who seek information as a matter of right so that they can behave without any concern for the larger interests of society. The Forest Department officials at Nelliyampathy in Palakkad district are finding to their chagrin that the right to information can well turn into licence for irresponsible social behaviour.

Their worries have their genesis in an altercation they had with a group of persons who wanted to enter the forest area with liquor and a subsequent request under the Right to Information (RTI) Act.

For quite some time now, the Forest check-post at the entrance of the Nelliyampathy hills at Nenmara has been taking extra care to ensure that no tourist carries liquor to the hills, which is known as ‘Poor Man’s Ooty’. Their vigil has had the salutary effect of bringing down the number accidents on the Ghat roads and such incidents as wild animals getting run over by tourist vehicles.

Two weeks ago, however, a group of tourists from Kannur reached the check-post carrying two bottles of liquor.

An altercation developed between the group leader and the officials when the officials on duty seized and destroyed the bottles.

On his return, the tourist sought a reply under the RTI Act from Nelliyampathy forest officials on whether the department has the right to seize liquor bottles purchased from government-run retail outlets and accompanied by a valid bill. The tourist also wanted to know whether there was any government order in force that imposed prohibition in the hills or any bar on an individual carrying liquor within the permitted limits.

As the Forest Department has no right to prevent transportation of liquor, the officials sent a reply admitting that they had no such power and that there was no ban on liquor in the hills. The forest personnel are now a worried lot.

They are worried that tourists would descend on the hills carrying liquor and copies of the reply given by them under the Right to Information Act.

Their worries might seem a little far-fetched, but they have all the reason to fear the worst because they have been having a tough time handling tipplers in Attappadi, also in the district, who have been going around with liquor on the strength of a reply under the RTI Act stating that there is nothing official about the liquor ban being observed in the predominantly tribal area.

Regardless of the rising number of accidents, often resulting in avoidable head injuries, a large number of two-wheeler riders in Kollam have been averse to using helmets.

On noticing the strong aversion towards use of helmets by many while on a visit to the city on August 23, State Police Chief T.P. Senkumar came up with an ‘aversion therapy’ that went beyond the Rs. 100 fine normally slapped on the offenders. On his return to the State capital, Mr. Senkumar instructed the police top brass in the district to seize the vehicles of those who were not wearing helmets and slap on them provisions of the Motor Vehicles Act for ‘dangerous driving’ with a hefty fine of Rs.1,000.

The vehicle, he instructed, should be released only after its registered owner comes with a helmet.

These directions put the Kollam police in a fix as they did not wish to invite trouble by imposing a fine of Rs. 1,000 on helmetless two-wheeler riders.

They were fine with seizing the vehicle and returning it only after the owner appears with a helmet.

The practical difficulties about the proposal were duly conveyed to the State Police Chief, who granted their point, but was not ready to compromise on the strong drive needed to strictly enforce helmet wearing.

With the State Police Chief breathing down their neck, the district police launched a drive the next day and, in a matter of three days, about 5,000 persons were fined for not wearing helmets.

Now the question being asked how long the drive would last and what would be the outcome once it is called off.

For, in July, the Kollam city police had intercepted and fined more than 10,000 persons for not wearing helmets, only to catch another 5,000 when the State Police Chief intervened.

Apparently, there are no short-term solutions for such social behavioural issues.

(With inputs from K.A. Shaji in Palakkad and Ignatius Pereira in Kollam)