Claims by RTI applicants up as officials block info

Times of India: Chennai: Thursday, 07 January 2016.

Seeking information under the RTI Act continues to be a herculean task in Tamil Nadu, shows the increasing number of compensation claims by applicants.

Under Section 19(8)(b) of the RTI Act, the Information Commission can "require the public authority to compensate the complainant/ appellant for any loss or detriment suffered". However, the applicant should be able to justify the claim as well as the amount of compensation sought.

According to Tamil Nadu State Information Commission (TNSIC), 87 applicants received compen- sation up to 10,000 each between 2011 and 2013 (the commission is yet to prepare the 2014 and 2015 reports). The number of RTI applicants recommended for compensation by TNSIC was 51 in 2010, five in 2011, three in 2012 and 28 in 2013.

TNSIC officials say they are providing compensation to applicants whose RTI queries were stonewalled. The applicant should include a 'prayer' or 'relief sought' in complaint or second appeal, in case he/ she wants the commission to impose a penalty or recommend disciplinary action under the Act.

RTI activists complain that only few applicants receive compensation from TNSIC. Several applicants approached consumer redressal forums for compensation for causing physical and mental harassment even though consumer courts had no jurisdiction to hear or adjudicate over such RTI complaints.

Activists say providing compensation for loss or mental harassment is a step towards transparency.

RTI activist M Thuyamurthy has 245 appeals pending with TNSIC. "I have not received any compensation so far even though PIOs have been trying to find loopholes in the applications to stonewall queries," hee said. "Some PIOs simply forward RTI applications to other departments, defeating the purpose of the act."

He says applicants from other districts who come for hearings to Chennai are worst affected as they have to spend on travel, lodging and other facilities.

TNSIC statistics show the number of PIOs penalised by TNSIC fell from 40 in 2010 to 14 in 2011, to 34 in 2012 and further to 20 in 2013. Former chief information commissioner Shailesh Gandhi makes sense of this.

"Providing compensation and imposing fines are two different things. While fines are paid by an individual, compensation is paid by the institution," he said.