Friday, February 05, 2016

Bleeding To Stop Theft of Public Funds

Navhind Times: Gujarat: Friday, 05 February 2016.
ROMEL Sutharia, a Right to Information (RTI) activist was allegedly attacked on Wednesday by a group of unidentified persons outside the Collector office in Tapi district of Gujarat for allegedly seeking information and opposing ‘illegal mining’.  Sutharia was assaulted by over a dozen persons, who also snatched his file bearing documents he had obtained through the RTI when he was on his way to the Collector office for a hearing on his complaint to the Governor. Sutharia used RTI to work toward revoking of the licences given to the majority of 62 sand and stone quarries by the District Mines and Mineral Department because he claimed they were issued in contravention of environmental guidelines laid down by the government. On November 23, 2015 Sutharia wrote to the Governor on the large-scale illegal mining of sand and stone over the Tapi river and across the district. The Collector called him for hearing on Wednesday to attend which he was going when he was attacked.
Sutharia is one of the many RTI activists who have been attacked, several of them losing their lives, since the Right to Information Act was passed in 2005 empowering ordinary citizens to seek information on issues and subjects in which they suspected wrongdoings, favouritism, illegality and foul play. And as in most cases, the local police have not taken deterrent action, because first, they take the cases in a routine manner and secondly, they come under the pressure of government officials and the unscrupulous forces that are engaged in illegalities. In Sutharia case, Tapi police have registered an FIR against “unidentified persons” and say they are trying to obtain footage of CCTV cameras installed in the district collectorate building to ascertain their identity. The number of RTI activists assaulted in Gujarat is very large, and most cases have not resulted in punishment to the vested interests that were exposed by the victims. The state government does not have any sympathy with them. The Gujarat State Information Commission pays such scant regard to RTI that it has never published an annual report on its website since the RTI Act was passed.
However, it is not only in Gujarat. The highest number of attacks on RTI activists is reported from Maharashtra where the number of RTI applications is also the highest. Not long ago, Shiv Sena workers  assaulted and blackened the face of an RTI activist Mallikarjun Bhaikatti at Latur in Maharashtra’s Marathwada region, after he exposed an illegal construction case. Bhaikatti had, through an RTI query, revealed that around 14,000 square feet illegal construction was carried out in a four-storeyed building and boys’ hostel on Latur-Nanded road. Bhaikatti addressed a press conference at Latur to “expose” the illegal construction the day before the Sena workers assaulted him with an iron rod, before blackening his face, dubbing him as a “blackmailer”. The panchas of a panchayat in Raigad district in Maharashtra allegedly threatened an RTI activist Laxman Thakur after he filed an RTI application seeking information regarding encroachments of forest land. A pancha allegedly picked up a brick and threatened to smash Thakur’s head, and the panchayat threatened to ostracize his family.
The RTI Act was passed after decades of public struggle to promote transparency and accountability in the working of every public authority. Promotion of people’s access to information must be seen as integral to India’s growth story. Greater transparency by public institutions can effectively frustrate the motives of those who are trying to hide the information that people fighting corruption are seeking. The government agencies must consider RTI as an important tool for curtailing theft of public funds and ensuring accountability for abuses. Instead, the experience of RTI activists is that public officials try to frustrate and discourage them as much as possible by delaying answers or providing vague and inadequate answers or denying the information on specious grounds. Information commissions are also understaffed and under-resourced to be unable to provide complete and satisfactory responses to RTI queries.
RTI activists are extremely vulnerable as they do not belong to any organization or large group but often work alone inspired by the zeal for public probity. These individuals run very high risks as their queries arouse hostility and anger among powerful politicians, bureaucrats, unscrupulous businessmen and policemen. In their desperation to profit from their wrongdoings and corruption, these groups form a strong nexus and often devise ways to harm the RTI activists physically. The government and the police have not proven themselves to be helpful to RTI activists. They have not pursued the killers and attackers of RTI activists vigorously and zealously. Unless the government acts proactively on the side of RTI activists, the purpose of the law can never be fully achieved.