National Herald: New Delhi: Sunday, June 17, 2018.
Govt confirms
it’s planning to amend RTI Act but illegally refuses to share details of
amendment bill in response to RTI application. What amendments is BJP mulling,
asks RTI activist Anjali Bhardwaj
Even as the
central government has confirmed that the matter regarding amendment in the
Right to Information (RTI) Act is under consideration, the Department of
Personnel and Training refused to provide details of the proposed amendment
bill. An RTI reply received by Anjali Bhardwaj this month from the Department
of Personnel and Training (DoPT) said: "The matter regarding amendment in
the RTI Act, 2005 is under consideration and has not reached finality. As per
section 8(1)(i) of the RTI Act, 2005, information requested by you cannot be
supplied at this stage."
Among the
questions which were asked in the RTI application include: the date on which
the proposal to amend the RTI Act, 2005 was prepared by the DoPT; the date on
which the DOPT forwarded the proposal to amend the RTI Act, 2005 to the cabinet
and the date on which the cabinet has taken a decision regarding the proposal
to amend the RTI Act, 2005.It also asked for a copy of the proposal to amend
the RTI Act, 2005, prepared by the DOPT and a copy of the decision of the
cabinet regarding the proposal to amend it. Bhardwaj said under the
Pre-legislative Consultation Policy (PLCP) of 2014, the government is supposed
to put out all the legislations, policies etc that it is planning in the public
domain for one month for consultation."The government is not wanting to
make the amendment public at all. Unfortunately, we are finding that any
amendment or laws that they are bringing in, there is no pre-legislative
consultation on these. Even in the case of the Whistleblower's Protection
Amendment Bill, they didn't put anything in the public. We filed an RTI
application, but they didn't give us any information," Bhardwaj told
IANS."From media reports, we got to know that an RTI amendment was being
planned and there was an RTI Amendment bill. So, we filed this RTI to know the
content of the bill. They have denied it to us," she added.
RTI activist
Anjali Bharadwaj: “There is a powerful law in place. There is no need to make
changes. Why is the government trying to tinker with the law and amend the law
and dilute it. We need to know as citizens what is the government planning.
They are not telling us”
Bhardwaj said
there was a clause in the RTI Act Section 8(1)(i), which says that cabinet
papers cannot be given under the RTI."But we didn't ask for cabinet
papers, we have asked for what the DoPT has prepared and the date on which the
proposal to amend the RTI Act was prepared. What is so secret about the date.
They have denied all the information related to the amendment," she said,
adding "The government has confirmed that it is planning to amend the RTI
Act but has illegally refused to share details of the amendment bill in
response to an RTI application."Bharjwaj also said: "It has refused
to even disclose the dates on which the proposal to amend the RTI Act was
prepared by the DoPT and date on which it was forwarded to the cabinet by the
DoPT, which cannot be covered under Section 8(1)(i)."Expressing concern
over the media reports that the amendment the government was planning to bring
was regressive, Bhardwaj said: "What is worrisome is they are planning to
reduce the stature of the Information Commissioners and weaken the Information
Commissions in the country."At the moment, the salaries and allowances of
the Commissioners are same as that of a SC judge. But, now the government will
have the discretion to decide their salaries. That is very dangerous. It erodes
the independence of the Commission."There is a powerful law in place.
There is no need to make changes. What the government should instead do is
appoint Information Commissioners. At the CIC, there are four vacancies and four
more to come this year including the Chief Information Commissioner who is
retiring. Why is the government trying to tinker with the law and amend the law
and dilute it. We need to know as citizens what is the government planning.
They are not telling us. Even this is hearsay. There might be more amendments
also," she added.