Firstpost: New Delhi: Tuesday, June
21, 2016.
Prime
Minister Narendra Modi's trouble with the RTI Act does not seem to get over.
The Delhi University has rejected an RTI application seeking details about the
prime minister's academic degree. This is the second time in the past few
months that the university has refused to divulge details citing privacy
concerns.
With the
latest rejection, Kejriwal has already stated that the mystery around the prime
minister's degree has deepened. This may very well be the start of a new
political slugfest.
Firstpost
spoke to Shailesh Gandhi, former Central Information Commissioner and eminent
RTI activist, on the degree row and the political misuse of the tool.
DU has
rejected another RTI application which sought PM Modi's degree credentials
citing privacy concerns. Your reactions?
What has
happened is unfortunate. DU's action was legally wrong. Seeking educational
information is not barred under the RTI. The R Rajgopal versus the State of
Tamil Nadu case in the Supreme Court has clearly said that information
regarding public servants is open to the public. Only information that can
affect public decency and morality is barred. There is no issue of privacy
here. It shows that people are ill-informed about RTI.
Arvind
Kejriwal too invoked the RTI for procuring information regarding Modi’s
degrees. Was he right in doing so or is it breach of privacy?
First of all,
the controversy over Modi’s educational qualification was a non-issue blown out
of proportion. However, I would completely disagree that it is a breach of
privacy. Privacy has many times been defined by the Supreme Court as things
relating to the house, the body, sexual preferences, medical records and things
like that.
Do you
feel RTI is nowadays being used by political parties to score brownie points?
My rough
guess is that this year or last year, about 60 to 80 lakh RTI application might
have been filed. I do not think such kind of application are very large but
they might be there. However, that does not reduce the scope of anything. It is
just like those few miscreants who come to temple only to steal chappals or
pickpocket. But when we talk of temple we do not talk of that characteristic. I
do not know how much political points they score but ultimately RTI is just a
tool. People might use this tool for all kinds of purposes.
In April
2016, Naresh Agarwal of SP made an allegation that the RTI Act was passed under
United States’ pressure. What do you make of such comments?
Naresh
Agarwal’s statement, particularly, was unfortunate. This is an insult to my
nation and to the parliament. I am ashamed none of the other members of the
parliament got up and told him that his statement was an insult to the
parliament.
It shows that
anybody in power generally dislike being transparent and answerable to the people.
Three serious attempts have been made to dilute the RTI Act – in 2006, 2009 and
in 2013. This political dispensation (NDA) too does not like the RTI. It is
hurtful that my friend Arvind Kejriwal’s government, to the best of my
understanding, is no better nor worse than earlier governments. It is sad but
true.
The RTI
Act will complete 11 years this year. What more amendments are needed to
strengthen it?
Nil. No
amendments are needed. Nothing is perfect in this world. This law is good and
it delivers. There may be certain issues but the law works reasonably well.
Whenever there are talks of strengthening the RTI, and once it goes through a
parliamentary modification, I am convinced that the RTI Act will be diluted.
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