Wednesday, June 30, 2021

Labor accuses Tasmanian government of creating secrecy culture

The Examiner: Tasmanian: Wednesday, 30 June 2021.
Labor says the Liberal government has created a culture of secrecy within its public agencies and wants Right to Information laws changed to make it harder for the state to restrict information.
The party tabled two changes to the Right to Information Act, the first of these would make it easier for RTI requests, about tourism developments on public land, World Heritage Areas, national parks and other reserves, to be released.
This would occur by preventing the government from relying on public interest exemptions that allow it to restrict information based on commercial confidence.
The second would allow RTI applicants, whose requests have been denied, to apply to the Ombudsman to have decisions reviewed.
A Liberal government spokesman said it was proactive in routinely releasing information.
Labor's Ella Haddad said the Right to Information Amendments Bill would make simple changes to current laws so the government could no longer refuse to release information relating to the use and development of public lands.
"We know that any time there is going to be developments in public spaces it is in the public's interest to know about that, but this government has established a process that is not transparent," she said.
"The other change would remove internal review process from the Act...we would be getting rid of that to make sure that people could go straight to the Ombudsman for a review."
Australian Lawyers Alliance spokesman Greg Barns said current legislation has a commercial-in-confidence exemption that was being used for RTI requests relating to proposed developments in World Heritage Areas.
"If you applied to get a document, they would be exempted under the RTI legislation because they would be said to be commercial-in-confidence. What we are arguing is that it is important to have complete transparency around any incursion about World Heritage areas," Mr Barns said.
"It is about transparency in government ... any developments in those areas should be subject to full disclosure and not exempted and allowed to fly under the radar as is the case currently,"
A government spokesman said the Liberals were committed to transparent and honest processes, and have routinely released information.
"The Auditor-General's recent performance audit of the EOI process found there was no evidence to support Labor's allegations of undue secrecy and that - in fact - the publication of information on recommended proposals had been sufficiently timely and appropriately handled," he said.
"Established process criteria and guiding principles were fundamentally sound and well supported by reference to authoritative guidance on eco-tourism."

MP Information Commission Orders State Election Panel to Share Details of Panchayat Poll Candidates

News18: Bhopal: Wednesday, 30 June 2021.
Madhya Pradesh State Information Commission (MPSIC) has ordered the State Election Commission to upload the list and affidavits of all the panchayat poll candidates on its official website, saying it’s a constitutional right of the public.
MPSIC information commissioner Rahul Singh issued the order while hearing an appeal on an RTI plea filed by a Rewa-based RTI activist.
He said the information should be there in the public domain and there should not be any need to file an RTI application for drawing details on panchayat representatives, Singh told News18.com.
Besides, the Information Commissioner ordered Returning Officers to offer details of the affidavit under RTI within 30 days of filing of nominations. The commission also ordered to make available details of elected panchayat representatives on a single click.
Singh told News18 that drawing information of all the panchayat poll candidates is a constitutional right of public under Article 19 (1). This information being in public domain holds credence further so that there is less crowd in the office of returning officers in the times of Covid-19, for collecting information.
The detailed order mentioned that MP State Election Commission in its gazette notification for panchayat polls show details of the candidates on its official website, district webpage and offices of Returning Officers but the same never takes place. It also added that ROs also deny information saying it’s in the sealed envelopes.
Several states such as Karnataka, Odisha, Bihar and Jharkhand offer this information publicly in portions or whole, so why can’t MP do the same, questioned Singh.
Panchayat polls also require transparency on a par with the same organised for assembly and Lok Sabha, opined the Information Commissioner adding the rural voters also reserve the right to know how much assets their representatives accumulated or how many criminal cases they have registered against them so that they could decide on their vote judiciously.
What was the appeal?
RTI activist from Rewa Shivanand Dwivedi had moved an application under RTI with the tehsildar (RO) seeking information of affidavit of an elected panchayat representative but the RO declined the info saying it was under a sealed envelope in accordance with MPSEC orders and he can’t open it.
In a subsequent probe by IC Rahul Singh under section 18 of RTI act, it emerged that affidavits aren’t kept in envelopes and only ballot papers are stored in sealed envelopes as per norms of the MPSEC. The RTI activist also moved the MPSEC with a complaint that besides Rewa, similar details in other divisions aren’t available online.

RTI data: IITs not following reservation rules for faculty

Hindustan Times: National: Wednesday, 30 June 2021.
None of the 22 Indian Institutes of Technology (IITs) have more than six teachers belonging to the Scheduled Tribes (ST) community, while 18 of them have 10 or less candidates from the Scheduled Castes (SC) category on their faculty rolls.
None of the 22 Indian Institutes of Technology (IITs) have more than six teachers belonging to the Scheduled Tribes (ST) community, while 18 of them have 10 or less candidates from the Scheduled Castes (SC) category on their faculty rolls. Seven IITs had 10 or less faculty members from the other backward classes (OBC) community.
The data was revealed by 22 of the 23 IITs in response to a query filed by an alumnus of IIT-Bombay (IIT-B) early this year under the Right to Information (RTI) Act. Data for IIT-Mandi was unavailable.
None of the 22 IITs, including Delhi, Bombay, Madras and Kharagpur, follow reservations in their faculty positions. The Centre mandates a reservation of 27% in faculty positions for candidates from OBC category, 15% from SC and 7.5% from ST community.
At IIT-B, only six (0.9%) of the 684 faculty positions are from SC community, one (0.1%) is from ST and 10 (1.5) from OBC category. At IIT-Madras, of the 596 faculty members, 16 (2.7%) are SC candidates, three (0.5%) are ST, while 62 (10.4%) are OBC.
Pawan Goenka, retired managing director and chief executive officer of Mahindra Group and chairperson of the board of governors of IIT-Bombay and IIT-Madras, said, “The board of governors of IIT-B and IIT-Madras is well-aware of the gaps in diversity with respect to the reserved categories and gender. But we also know that it is not due to lack of efforts. These IITs are taking proactive steps to address these gaps while going through the recruitment process as per the prescribed norms. I am sure the other IITs are also doing the same.”
In July 2019, education minister Ramesh Pokhriyal, while answering a question in the Lok Sabha, revealed that the sanctioned strength of faculty in all the 23 IITs was 8,856, of which 2,813 positions were vacant. Of the 6,043 faculty in IITs, around 2.5% (149) were from SC and 0.34% (21) from ST communities.
Despite repeated attempts, Amit Khare, secretary, higher education, and Rakesh Ranjan, additional secretary for IITs at the Ministry of Education, did not respond to HT emails.
‘Good quality teachers a priority’
Goenka said IITs were sensitive to the reservation rules. “Currently IITs have a fairly large number of vacancies which they are trying to fill but sufficient high-quality candidates have not been available across all categories. IITs need candidates with PhD, high-quality research papers, and good teaching ability. These have to largely come from within the top engineering colleges in India or good universities abroad. The number of PhD students graduating from the IITs, specially the older ones, has been increasing significantly in the past four years as a result of the increase in intake post 2011. I believe this will help to address the issue in the coming years,” he added.
Data shows that seven IITs Bhilai, Gandhinagar, Goa, Indore, Jodhpur, Palakkad and Patna have no ST faculty on their rosters. In fact, except Dhanbad, Dharwad, Jammu and Tirupathi, the ST faculty at all other IITs constituted less than 1% of the total faculty count.
PB Sunil Kumar, director of IIT-Palakkad, said, “We give all relaxations as mandated by the Centre’s norms, and in addition, make sure that at the least, a few among the applicants from reserved communities are given a chance to present their case to the selection committees. We do face problems in finding the right candidates as the pool of applicants from such communities is small.”
“The current education system permeates discrimination in the name of merit. The idea of merit doesn’t take into account the social, emotional, academic, cultural and intellectual gap in students coming from diverse backgrounds,” said Govardhan Wankhede, former professor and dean, school of education, Tata Institute of Social Sciences (TISS), Mumbai.
Few senior faculties from reserved categories
IITs follow a flexible cadre system for the appointment of faculty. The sanctioned strength of faculty at different grades, such as professor, associate professor and assistant professor, is not fixed. Until 2019, reservations were only applicable for recruitment of assistant professors, which is the entry level.
This is why most faculty members from reserved categories were in the assistant professor category across all IITs. Fifteen of the 23 IITs, including IIT-Mandi, do not have a single SC or ST professor, while seven do not have even one SC or ST associate professor.
IITs also do not have promotions. Each position is filled as a fresh recruitment. This means assistant professors at an institute have to apply for recruitment as an associate professor and compete with other candidates.
Avatthi Ramaiah, chairperson, Centre for Study of Social Exclusion and Inclusive Policies at TISS, said the discrimination was systemic. “If a reserved category candidate has applied, the law mandates that the selection committee should have a member from the category. Most times, it is this member that bats on behalf of the reserved category candidate alone. There is resistance from all quarters because the department members have a set idea of who they want,” said Ramaiah, who has served on several selection committees.
Corrective measures
At IIT-B, departments have to forward all applications from SC and ST candidates to the selection committee. S Sudarshan, deputy director, academic and infrastructure affairs at IIT-B, said, “Prior to the reservations, departments had the liberty to forward shortlisted candidates to the selection committee. However, a few years ago, after the reservation policy came in, the policy was changed. Now departments have to forward all applications from SC and ST category to the selection committee as long as they meet the basic eligibility criteria.”
IITs at Palakkad and Goa are conducting special drives to identify suitable candidates from diverse backgrounds. “We are only six years old and are still in the early stages of recruitment. However, we have already conducted one such drive last year,” said Kumar.
IIT-Goa director BK Mishra, too, said that the institute is currently conducting a special drive to improve the number of faculty members from SC, ST and OBC categories.

Do not have ITR of political parties: Income Tax department to RTI activist

The Hindu: New Delhi: Wednesday, 30 June 2021.
The Central Information Commission, the highest adjudicator of RTI matters, had ordered in 2008 that tax returns of political parties should be disclosed under the transparency law, a position which was repeatedly reflected in its orders later.
The IT Department has given a “contradictory” response when asked for tax returns of political parties under the Right to Information Act, by first saying that the information is not held by it and then citing exemption clauses to refuse disclosing the information, an RTI activist claimed on Tuesday.
The Central Information Commission, the highest adjudicator of RTI matters, had ordered in 2008 that tax returns of political parties should be disclosed under the transparency law, a position which was repeatedly reflected in its orders later.
RTI activist Venkatesh Nayak approached the Income Tax Department seeking tax returns filed by political parties in the last ten years.
“The applicant is hereby informed that, the requested information is not held as such, by the CPIO as registered information nor is the requested information required to be maintained as such by the CPIO, under extant rules or regulations,” the RTI response said.
Citing a Supreme Court order, I-T Department’s Central Public Information Officer said where the information sought is not part of the public authority’s record and where it is not required to be maintained under any law or regulations, the act does not cast an obligation upon the public authority to collect or collate such non-available information and furnish it to the applicant.
The CPIO went on to cite five of the 10 exemption clauses of the RTI Act to underline that the sought information, not held by her, was exempt from disclosure.
She also cited another apex court order that stated the information related to matters of an assessee is personal information which stands exempt from disclosure under the RTI Act.
“The CPIO gave a totally contradictory reply to this RTI application. First she claimed that she does not hold the information. She also claimed that the information is not available in the desired form as explained in the RTI application. She cited a much-abused para from the CBSE judgement of the Supreme Court in support of her denial. Then she also claimed that five out of the 10 exemption clauses are applicable to the information sought,” Nayak told PTI.
The RTI exemptions cited by the CPIO to deny information relate to intellectual property rights, trade secrets and information in the nature of commercial confidence, fiduciary relationship, threat to life and safety of persons who give information to law enforcement agencies in confidence, impediment to investigation, prosecution or apprehension and privacy of an individual.
“How can exemptions apply to information which she believes that she does not hold, nor even knows who is likely to have it is a big question that she has not looked at while issuing this contradictory reply,” Nayak said.
Ordering the disclosure of income tax returns of political parties, the then Information Commissioner AN Tiwari had said it is recognized that political parties do need large financial resources to discharge their myriad functions.
“But this recognition is tinged with the apprehension that non-transparent political funding could, by exposing political parties, and through it the organs of State which come under the control or its influence, to the corrupting influence of undisclosed money, can inflict irreversible harm on the institutions of government. There is public purpose in preventing such harm to the body-politic,” he had said.

Tuesday, June 29, 2021

"Purpose And Object Of RTI Act Defeated Due To Frivolous Applications" Plea Before Supreme Court Seeks Guidelines To Curb Misuse Of RTI Act

Live Law: New Delhi: Tuesday, 29 June 2021.
Supreme Court has on Monday adjourned the plea filed seeking guidelines to curb the misuse of Right to Information Act and smooth functioning of the public sectors, co-operative sectors, private Sectors, and organisation that fall under RTI Act.
The adjournment was granted by a three-Judge Bench of CJI NV Ramana, Justice Bopanna and Justice Hrishikesh Roy in pursuance of a letter having been circulated seeking the same.
The present plea filed through Advocate Harisha SR and drawn by Advocate Reepak Kansal has also sought directions to introduce the concept of locus standi of the applicant seeking information under RTI Act based on the strict scrutiny on the intention of the applicant.
According to the plea which was filed before the top Court in March 2021, the purpose and object of the RTI Act are defeated due to heavy load of frivolous and repeated applications under RTI, filed by habitual RTI Activists adversely affect the functioning of Government.
The plea has emphasised the need to reduce the misuse of the RTI Act and put in place guidelines to check the locus standi of RTI applicants which would promote efficient operations of the government with optimum use of limited fiscal resources and the satisfaction of genuine query of a responsible citizen.
"In the judicial system, first and foremost the .. requirement of locus standi is fulfilled and then the parties are heard but in RTI, there is no such requirement which is also a reason for misusing of RTI." the plea has said.
'If an individual can show the cause which relates him and the public office, the entire structure would be more solemn and instead of making a mockery of the system, it will rather work to make it more limpid' and efficacious' the plea has added.
The plea, has also cited Supreme Court's order in the case of 'CBSE and others V. Aditya Bandopadhyay and Ors", where it was held that "Indiscriminate demands under the RTI Act for the disclosure of all and sundry information need not be met".

Monday, June 28, 2021

‘Govt bearing loss to end the operation of city buses’

Daily Pioneer: Dehradun: Monday, 28 June 2021.
The State Government is operating electric buses in Dehradun at considerable loss in order to gradually wipe the existence of city buses from the city. This was alleged by the president of the city bus union, Vijay Vardhan Dandriyal while adding that the Dehradun Smart City Limited (DSCL) is bearing a loss of Rs three lakh on the operation of each electric bus every month.
"As per the information received under Right to Information (RTI) Act, it was revealed that five e-buses of DSCL travelled 55,825 kilometres in two months. In these two months, DSCL earned Rs 11,14,705 as bus fare from passengers while DSCL needed to pay Rs 37,67,649 to the company which has signed a contract to operate these buses," stated Dandriyal. He also estimated that at this rate, DSCL will lose over Rs 100 crore with the operation of the planned 30 e-buses in the next 10 years. Accusing the transport department, he said that these e-buses are being operated on the same routes as city buses and the fares were also kept somewhat similar with the approval of the State Transport Authority (STA) to end the operation of city buses. "The department is so desperate to make us vanish that they are bearing loss every month.
They are also snatching the livelihood of hundreds of people at the time when people are fighting to survive," stated Dandriyal. He disclosed that his association would approach the State Government after the Covid curfew regarding this matter. This correspondent tried to reach the DSCL PRO multiple times for her statement on the matter but got no response.

Central institutes flout quota norms, says MP

The Hindu: Kerala: Monday, 28 June 2021.
Central institutes like IITs, IIMs, IISc., IISERs, NITs and IIITs continue to violate reservation norms, says K. Somaprasad, MP, based on the information accessed through Right to Information (RTI) Act.
Despite Central Education Institution (Reservation in Admission) Act-2006 and Central Education Institution (Reservation in Teachers Cadre) Act-2019, their provisions are reportedly not yet implemented at PG and PhD levels.
The MP points out that Indian Institute of Science (IISc.), Bengaluru, continues to violate reservation norms and according to the admission figures of the past five years, released by Ministry of Education in Parliament, less than 20% of the total PhD admissions were in the non-general categories. “There were zero PhD admissions from Scheduled Caste (SC) and Other Backward Classes (OBC) categories in two consecutive years. The SC, Scheduled Tribes (ST) and OBC representation in PhD admissions were 9%, 2%, and 8% respectively. For Master of Technology and Master of Design, ST representation was at 6%. SC representation in MTech courses was 14%. Only 1% and 18% of the total Master of Management admissions were students from ST and OBC categories.”
‘Immediate intervention’
Mr. Somaprasad has approached the chairman of the Parliamentary Committee on Welfare of Scheduled Castes and Scheduled Tribes demanding immediate intervention. “During the 2015-2020 period, none of the 23 IITs provided the required proportions of admissions in PhD. The figures for 2020 revealed that several individual departments have a total disregard for the reservation provisions in PhD admissions.”
892 seats lost
He adds that 20 IITs failed to admit enough SC students and 14 IITs recorded low admission rates of OBCs. “A total of 892 seats were lost by SC/ST/OBC categories due to the non- implementation of reservation policy. As per a recent news report, 17 departments of IIT Kharagpur did not admit SC students for PhD during the last three years,” he says.
Teaching posts
He observes that over 60% of teaching faculty posts for SC and OBC categories are still vacant at the IIMs along with 93% of professor posts for ST category at the Central Universities. “Reservation provisions as per CEI 2019 Act for faculty recruitment are yet to come into effect at the Centrally funded technical institutions because of the flexible cadre system,” he says.

Sunday, June 27, 2021

Haunted by truth: A ghost may have thwarted an RTI application in Gwalior, but it is the living that threaten transparency more than the dead

Telegraph India: Opinion: Sunday, 27 June 2021.
The dead can tell tales about the living. Charles Dickens brought to light many an unsavoury truth about human nature with his Christmas spirits. The authorities, too, cannot do without a friendly ghost or two. Take the case of the powers that be of Gwalior’s Gajra Raja Medical College. A group of RTI activists examining alleged irregularities in the MBBS admission process were recently informed by the authorities that a ghost was haunting the room where documents related to the matter are kept. Could this be a dead end for the pursuit of truth in this case? This is not the first time that ghosts have come to the rescue of errant public servants. A few years ago, there were reports of law-keepers refusing to work in a police station in Jharkhand after 11 pm; wrathful spooks, apparently, were responsible for cutting down their duty hours. Bengali babus not the bravest of souls have been known to turn down night shifts at Writers’ Building, which is believed to be a citadel of the dead.
Of course, such news is staple for mirth. But what gets lost amidst all the laughter is the ingenuity of institutions to resist demands for accountability and, in turn, adherence to the democratic ethos. For the dearly departed are not the ones standing in the way of transparency; it is the living that pose a far greater threat to veracity. Be it official data on the army of unemployed or rising poverty or the shocking death toll claimed by a virus that fattened itself equally on public complacency as well as on the ineptitude of the Central government, any fact that shows the ruling regime in poor light is spirited away from the public eye. The institutional burial of truth has also been accompanied by the exhumation of untruth. The prime minister denies incursions into Indian territory by China even though ground realities suggest otherwise; the slaying of India’s economy, especially its nebulous informal sector, at the hands of the spectre of demonetization is couched in the rhetoric of purging corruption; allegations of the weakening of key edifices that are the sentinels of an inclusive democracy are, similarly, denied. Unsurprisingly, India performed exceptionally poorly in Transparency International’s assessment in 2020, scoring just 40 out of 100.
The assault on the Right to Information Act needs to be read in this context. An amendment to the legislation has empowered the government to set the service conditions, including salaries, of information commissioners, effectively eroding their autonomy. Critical positions in the RTI hierarchy are allowed to lie vacant while attacks on and deaths of RTI activists remain unaddressed. What is particularly ironic about these transgressions is that this democracy has had a valorous tradition of independent agencies collating facts to resurrect ghosts from the past independent investigations into the riots in Bombay after the demolition of the Babri Masjid made a significant contribution to prosecution and conviction. There is thus an urgent case to bolster independent fact-finding enterprises in order to reintroduce a degree of accountability in public life. Otherwise, truth will not have a ghost of a chance of survival.

Many get false community certificates to take away opportunities of Scheduled Caste/ Scheduled Tribe candidates: Madras High Court raises concern

Bar and Bench: Madras: Sunday, 27 June 2021.
By obtaining such false certificates, undeserving persons get unjustly enriched knocking away the rights of those belonging to SC/ST community," the Court observed.
The Madras High Court on Friday raised concerns about persons not belonging to the Scheduled Caste or Scheduled Tribe (SC/ST) communities procuring false SC/ST community certificates thereby taking away opportunities earmarked for the SC/ST communities, be it in elections, educational admissions or employment (Nirguna v. The Chairman and ors).
The interim order passed by a Bench of Justices N Kirubakaran and TV Thamilselvi further noted that by obtaining such false certificates, undeserving people get unjustly enriched by knocking away the Constitutional rights of SC/ST persons.
"Many persons, who do not belong to either Scheduled Caste or Scheduled Tribe, obtain fake certificates declaring their community status either as Scheduled Caste or Scheduled Tribe to enable them to contest in the elections to constituencies or local bodies reserved for SC or ST candidates or to seek admission in educational institutions in respect of seats meant for SC/STs or to get employment under SC/ST category violating the rights of deserving candidates belonging to SC/ ST community. Many number of cases are coming up before this Court in which people belonging to other communities obtain false SC/ST community certificates from authorities, who also for various reasons, merrily issue such certificates, violating the constitutional rights of SC/ST people. By obtaining such false certificates, undeserving persons get unjustly enriched knocking away the rights of those belonging to SC/ST community," stated the order.
To curb such malpractices, the Bench asked the State government to respond to a suggestion made by the Court to nominate Revenue Divisional Officers in each district, who may be exclusively authorised to issue community certificates as well as income certificates and nativity certificates after due inquiry.
The order was passed in a case involving allegations that the President of a village in Krishnagiri district did not belong to the ST community, although he contested from a constituency exclusively reserved for the ST candidates.
The petitioner told the Court that the President-elect belonged to the Vakkaligar community and that he had gotten elected to the post after falsely declaring that he belonged to the ST community in his nomination form.
In this regard, reference was also made to information obtained under the Right to Information (RTI) Act from the Block Educational Officer, which described the candidate community status as Vakkaligar.
The petitioner, therefore, made a request for an enquiry into the matter. Whereas the District Collector was directed to conduct an enquiry into the petitioner's allegations and send a report by January 18, till date no such report had been furnished, the Court was told.
The petitioner had, therefore, moved the Court for relief.
The Court proceeded to ask the village president whose election has been questioned to prove his community status before the Court.
Given that the allegations raised by the petitioner involves a serious issue, the Court also suo motu impleaded the Secretary, Government of Tamil Nadu, Revenue Department to respond to the Court's proposal to nominate Revenue Divisional Officers for the issuance of community certificates, nativity certificates and income certificates.
The Court also noted that in the past, there have been allegations of students being selected for medical admissions by obtaining dual nativity certificates thereby benefiting students from outside Tamil Nadu.
"The need has arisen for the State Government to nominate an officer, not below the rank of Revenue Divisional Officer, in each Disctict, who alone shall be competent to conduct an enquiry and issue not only SC/ST community certificates, but also income certificates, nativity certificates, etc. Nativity Certificates play an important role in getting medical admissions under the State Quota," the Court said.
Such an endeavour, if undertaken by the State Government, would go a long way in considerably reducing the malpractices in issuance of not only community certificates but also income certificates, nativity certificates etc., the Court observed.
Given that similar concerns were earlier raised in another pending 2017 case, the Bench also opined that both cases should be clubbed once appropriate orders are passed for the same by the Chief Justice.
The matter will be heard next on July 9.

11 students of IIT hostels lose lives to Covid, 2 teachers die too

Times of India: Bhopal: Sunday, 27 June 2021.
Eleven IIT students, who lived in hostels across the country, have died of Covid-19, so have two teachers, reveals a reply under RTI Act. As many as 157 IIT students and 165 faculty members have been infected in the 15 months of the pandemic, it says.
The RTI query was filed by an activist from MP’s Neemuch, Chandra Shekhar Gaur, who wanted to know how many boarders of IITs and NITs have been infected by Covid-19 or died of it. The department of higher education, Government of India, gave the numbers till May 20 this year in its reply, but there was no break-up of the data to show which campus had how many infections.
“Data shows there is no alternative to vaccination. The government should carry out a drive to vaccinate students in hostels and other such places,” Gaur told TOI.

Guj: Panchayat members, talatis booked for Surat land frauds

Outlook India: Surat: Sunday, 27 June 2021.
A sarpanch, a deputy sarpanch, and three talatis have been booked for allegedly forging documents related to high-rise buildings, shops and row houses in Sayan village in Olpad taluka of Gujarat''s Surat, police said on Saturday.
An FIR was lodged against the five on the order of Gujarat High Court based on documents accessed by complainant Dilip Chavda under the Right to Information (RTI) Act. The five were booked under IPC sections 465, 471 (forgery), and 114 (abettor present when offence committed) after it was found that they passed official resolutions in the panchayat to allow construction on village land using forged documents, signatures and stamps, an Olpad police station official said.
"Between 2014 to 2017, the five colluded to forge applications in the name of Dilip Kankotia, a former owner of the land, to pass various resolutions related to approval of construction of buildings and their transfer etc.
Kankotia had sold his plot of land in the village in March, 2013 after which his name was dropped from the revenue record," the official said. "The name of Kankotia was used in documents related to 268 different properties and 28 high rise buildings, which were then transferred to partnership firms and individuals through various resolutions passed between 2014 and 2019," the official said. He identified the accused as then sarpanch and now deputy sarpanch Ashwin Thakkar, present sarpanch Anil Patel, and talatis Dinesh Patel, Dilip Patel and Vijay Patel.
None of them has been arrested as yet, the Olpad police station official added.

Ahmedabad: Civil Hospital mum over Covid discharge, death figures

Times of India: Ahmedabad: Sunday, 27 June 2021.
The Civil Hospital has remained silent on the aspect of discharges of Covid-19 patients and deaths that occurred since January 2021, when an RTI query sought details on corona patients.
The public information officer and medical record officer of the Civil Hospital, Asarwa was to provide the information on how many Covid-19 patients were admitted and discharged since March 2020, when the first patient was admitted in the hospital in Gujarat. In May, a consumer rights activist Suchitra Paul had filed a an application under the provisions of Right to Information Act and sought details about Covid patients in three parts.
Paul had sought to know how many Covid-19 patients were admitted between March and December 2020 and what was the figure of admissions since January 2021. She had also questioned about the number of discharges that took place since March 2020 and how many deaths took place.
In reply, the PIO replied that there were 20,273 patients admitted in the Civil Hospital for Covid-19 treatment between March and December 2020. There were 10,404 Covid patients who were admitted for treatment between January and April 2021. But the PIL did not disclose the figures of the patients discharged and of those who died during treatment. Instead, the reply reads, “No other information is required to be parted with.”
The applicant said that she planned to file an appeal against non-disclosure of figures of discharges and deaths.
Two weeks ago, the Institute of Kidney Diseases & Research Centre (IKDRC), located in the Civil Hospital campus, supplied information to an RTI query on admission, discharge and death of patients in three different time periods. The details furnished were curious as it said that IKDRC has cured more patients than those admitted in the centre for treatment.

Chandigarh Hospitals Write to Union Govt on 'Faulty' PM-CARES Ventilators

The Wire: New Delhi: Sunday, 27 June 2021.
Last year, The Wire had reported after accessing documents through the Right to Information (RTI) Act that ventilators ordered by the Union government from Jyoti CNC Automation had not received a recommendation from a technical committee set up by the health ministry’s Directorate General of Health Services (DGHS) until July 2020
All three government hospitals in Chandigarh which received ventilators under the PM-CARES fund have complained to the health department and Union government of technical issues with the machines, The Tribune has reported.
These ventilators were provided to the three hospitals during the significant surge in COVID-19 cases and deaths in the second wave, in early May. Out of a total of 44 ventilators, 20 were given to the Post Graduate Institute of Medical Education and Research, 10 to the Government Medical College and Hospital and 14 to the Government Multi-Specialty Hospital.
The director of the Government Medical College and Hospital told the news outlet that five out of the 10 ventilators “did not work properly.”
All of these ventilators came from the Gujarat firm Jyoti CNC Automation, the Tribune report noted.
The firm’s ‘Dhaman-1’ ventilators were at the centre of a controversy last year, after Ahmedabad civil hospital superintendent J.V. Modi wrote to the state government’s medical services provider, saying that they were “not able to bring desired results”.
As The Wire exclusively reported at the time, the current and past promoters of Jyoti CNC Automation have had connections to top Bharatiya Janata Party (BJP) leaders. Some of the company’s past promoters include one business family linked to the controversial gift of an expensive suit to Prime Minister Narendra Modi.
Notably, a senior health official told Tribune that the Chandigarh hospitals had asked the Union government (under whose jurisdiction the Union Territory falls) for ventilators from the company Hamilton Medical when information was sought from them on ventilator requirement.
“However, the ministry asked to send a fresh requirement without mentioning the brand name. The ventilators were assessed by all three hospitals and technical issues were found in operating these,” the unnamed official told Tribune.
Toll-free numbers connecting hospitals to the manufacturer would be given to the latter so that issues can be solved, the official said.
The report submitted by the hospitals to the health department was forwarded to the Union government as well.
Similar issues with ventilators received under the PM-CARES fund were also reported by Chandigarh hospitals last year. The Post Graduate Institute of Medical Education and Research had then said that ventilators it received were sub-standard in quality.
“At least 237 of the 320 ventilators received through the PM CARES Fund at three government medical colleges in Punjab were found defective and lying non-functional in early May,” the Tribune report noted.
In early June this year, following complaints from hospitals, the Bombay high court had said that if any ventilators supplied by the Centre to Maharashtra are found to be defective, then these devices should be replaced. The court had significantly said that it will not allow “experiments” to be carried out on COVID-19 patients and that any loss of life caused by these ventilators would be the Centre’s responsibility.
Last year, The Wire had reported after accessing documents through the Right to Information (RTI) Act that ventilators ordered by the Union government from Jyoti CNC Automation had not received a recommendation from a technical committee set up by the health ministry’s Directorate General of Health Services (DGHS) until July 2020.
Jyoti CNC Automation, along with Andhra Pradesh MedTech Zone, had together already received a total of Rs 22.5 crore in advance payment from the Union government in May 2020.

What’s in RTI reply in Hindi? This time it puzzled postman

The New Indian Express: Chennai: Sunday, 27 June 2021.
Fortunately for them, Chennai-based Dhayanand Krishan filed RTI requests regularly, and was familiar to them.
While there have been instances of activists in the State receiving replies under the Right to Information (RTI) Act in Hindi, a postman bore the brunt on Friday as even the address on the RTI reply envelope was in Hindi.
He zeroed in on the locality based on the pin code and finally tracked the activist with the help of other employees in the post office. Fortunately for them, Chennai-based Dhayanand Krishan filed RTI requests regularly, and was familiar to them.
Dhayanand had sought an RTI reply from the Union Health and Family Welfare Ministry on the State-wise number of hospital beds ready by March 2021, and other queries. The Union Ministry then forwarded the request to hospitals under the Central government for data.
On Friday, Dhayanand received a reply from Kalawati Saran Children’s Hospital in New Delhi. The reply was all in Hindi, including his name and address on the cover. “I couldn’t understand what was written. The postman told me that he also struggled as the name and address were in Hindi. Some people in the post office know me as I file RTIs regularly, and with their help, the postman finally tracked me,” he said, adding that he had sent the queries in English.
“The State government must insist the Centre and Union Ministries to issue replies in English as we are asking the questions in English. An activist in Tenkasi too got an RTI reply in Hindi, a few months ago,” Dhayanand added.

Saturday, June 26, 2021

UIDAI Made Rs 240 Crore Via eKYC Authentication over 21 Months: RTI

News Click: National: Saturday, 26 June 2021.
Did you know that each time you fill up an eKYC form for some digital service or another, you pay the UIDAI Rs 20 for essentially syncing your Aadhaar data with a third party database?
Even after one is done with the KYC process one has to enter their Aadhaar number or biometric data to avail a particular service or subsidy. The Unique Identification Authority of India (UIDAI) charges 50 paise just for confirming to the service provider that the Aadhaar number has been entered correctly. 
The amounts are usually billed under customer charges and are so small that they elude the payer’s notice more often than not. When billed over a period of 21 months between May 2019 and March 2021, the UIDAI said that it has made Rs 299.81 crore from the charge, including goods and services tax (GST). The taxed amount is Rs 45.73 crore, which means that the UIDAI earned Rs 254.08 crore from just these two services.
The information was provided to law student Aniket Gaurav in response to an RTI application he filed on April 1.
The legalisation of paid Aadhaar services can be traced back to a March 6, 2019 gazette notification. It read: “Aadhaar authentication services shall be charged Rs 20 (including taxes) for each e-KYC transaction and Re 0.50 (including taxes) for each Yes/No authentication transaction from requesting entities.” These charges are levied in addition to the license fees that companies already have to pay. Further, it added that any entity failing to pay the charges shall discontinue the use of Aadhaar authentication services and surrender its access to these facilities.
This circular came into effect on March 7, 2019. Only government entities, the postal department and RBI registered ‘scheduled banks’ are exempt from these charges.
USER CHARGES
When asked about the pricing scheme, a senior UIDAI official, who wished anonymity, said: “The UIDAI runs what is perhaps the world's largest identity database. Maintaining it is a multi- thousand crore affair. I see no reason why user charges should not be paid for any government service. Providing a service costs money. Either the government collects it from the public via taxes or by way of user charges, which will be borne only by the user. The user charge makes sure anybody who does not want the service does not have to pay for it.”
The UIDAI’s budget for the 2020-21 financial year, as allotted by the Centre was Rs 613 crore; its expenses had gone up to Rs 893 crore. Between 2017 and 2020, the department’s budget was Rs 1,150 crore, Rs 1,345 crore and Rs 837 crore while its expenses were Rs 1,149 crore, Rs 1,181 crore and Rs 856 crore respectively.
Gaurav's RTI application also asked for names of entities that have not deposited authentication transaction charges within 15 days of issuance of the invoice concerned based on the usage, and the amount not deposited in such cases. Additionally, he had requested the UIDAI to provide names of entities that have been discontinued for authentication and e-KYC services for failing to deposit the requisite payment to it.
The UIDAI denied the information under Section 8 (1) (d) of RTI Act 2005, which says: “Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.”
PUTTASWAMY JUDGEMENT
Srinivas Kodali, a journalist, researcher and privacy rights activist, questioned why the charge existed. “Can the government collect personal details, including biometrics from citizens, free of cost while those, whose personal data is being used for earning governmental revenue, keep paying again and again for rectification of mistakes committed by data entry operators and, in few instances, to make genuine changes? How is this practice even ethical?”
In 2012, Justice K.S. Puttaswamy, a retired judge of the Karnataka High Court, filed a writ petition in the Supreme Court challenging the constitutional validity of the Aadhaar scheme introduced by the former UPA government. The matter was referred to a nine-judge bench in 2017 which unanimously recognised a fundamental right to privacy of every individual was guaranteed by the Constitution.
Consequently, it was ruled that private service providers, such as schools, banks, mobile service providers, finance tech apps (PayTM, PhonePe) and big tech (Google, Amazon), etc would not require the mandatory registration of one’s Aadhaar details.
This came to be known as the Puttaswamy Judgement.
In practice, though, the situation is vastly different. One cannot use half the features of most services, especially if it includes paid transactions, without entering Aadhaar details. Even in the education sector, private universities ask for Aadhaar details as primary biometric data. For example, in order to use Amity University’s intranet services, a student has to complete a mandatory eKYC.
Kodali also pointed out that the rule also applies to public distribution systems (PDS) shops. “Even those under the poverty line will have to pay these charges every time they avail ration from a PDS shop. Before every purchase the buyer is required to undergo biometric-based Aadhaar authentication. This is because these shops, which are part of the PDS, are still private entities which are mandated to use Aadhaar authentication,” he said.
Aadhaar based welfare delivery systems have been studied by various organisations for a number of years now. The UIDAI CEO had himself noted that in 2018, the rate of authentication failure for government services was as high as 12%.
AADHAAR: MONETISATION OR PROFITEERING?
A December 2017 research paper published in the Economic and Political Weekly on Aadhaar-based authentication in NREGA work, LPG subsidies, mid-day meals and other welfare programmes, concluded that not only does Aadhaar-integration in welfare programmes not have “any significant gains”, but also that with “[Supposedly] one-time costs of enrolment and Aadhaar-seeding, people are now faced with higher transaction costs on a monthly basis (in pensions and the PDS for instance), and in a significant minority of cases, also face exclusion and denial.” Another study concluded that Aadhaar-based authentication “either did not reduce errors of inclusion or leakage or did so at the cost of increased exclusion error”. 
The monetisation of Aadhaar along with the 2019 amendments to the Aadhaar Act are being challenged in the Supreme Court.
Legal experts familiar with the matter pointed out the two big issues with these rulings monetising Aadhaar. First, that any KYC scheme by a private player is a violation of the fundamental right to privacy guaranteed by the 2017 Puttaswamy ruling which restricts mandatory Aadhaar enrollment by private players. Second, with this notification, the government is incentivising banks to enroll more Aadhaar holders. And third, the UIDAI puts the responsibility of correcting any error in the Aadhaar data on the holders themselves.
This brings us back to the latest in UIDAI’s monetisation policy. As per a new circular issued on April 12, the UIDAI also earns off people while making any rectification in their Aadhaar records.
Whenever one wants to update their biometrics with or without demographic updates, one needs to shell out Rs 100. If one only needs to make demographic updates such as an address update, a spelling correction, sequence change, name change after marriage and the like, then the charge is Rs 50 per change. The UIDAI says an update of more than one field on a single instance is considered to be one update.
Even for downloading an e-Aadhaar and taking an A4 sized colour print of it, the UIDAI charges people Rs 30. There is also a PVC card version of the Aadhaar which is being marketed as a ‘smart card’. It looks like a banking card and one can swipe it in a machine. Depending on where one lives though, it can cost people between Rs 50 and Rs 200.
It must be pointed out that the initial Aadhaar enrolment, the mandatory first biometric update and demographic details entry are all done free of cost.
“During enrolment many Aadhaar numbers were issued en masse and in haste. The demographic details were full of errors. The system made it the person's responsibility to correct this, and imposed a financial burden on people to correct those errors, with the UIDAI benefiting. The current administration has long favoured a ‘corporatised’ bureaucracy where service delivery has been turned into customer service,” Kodali said, summing it up.
Profiteering was one of the primary issues that was pointed out by digital privacy activists as early as in 2011. Prof. Rajanish Dass of IIM Ahmedabad's Computer and Information Systems Group published a paper which claimed that even if enrolment was voluntary, Aadhaar was being made mandatory by indirect means. He had also raised concerns that the government would not be able to finance an operation of this scale in the long term and that it would have to turn into a profit making body.
Journalist and human rights activist Usha Ramanathan and IIT Delhi development economist Reetika Khera also concurred with Dass. In their writings in the EPW and The Wire, they had contended that the seemingly large benefits projected for the UIDAI were based on unrealistic and outdated data. Their works pointed out how Aadhaar would have to turn to profit in the long run or risk scrapping the project.
Meanwhile, Aadhaar continues to be the formal identification of over a billion Indians. As such, NITI Aayog has also come up with other Aadhaar-based ID programmes which includes the ‘Agristack’ for farmers as well as the universal ‘National Health Stack’.
While the former looks to merge soil health, land records and Aadhaar to create a unique farmer’s ID, the latter is an Aadhaar based ‘health ID’ for every Indian which would give access to an online ‘coverage and claims’ mechanism and a national health analytics platform. In return, individual medical records would be accessible for “medical research, crucial for our understanding of human health.”

Answer sheets of RU law students torn, reveals RTI

Times of India: Jaipur: Saturday, 26 June 2021.
Shreyank Sisodia, a first-year student of Law College in Rajasthan University would have topped the final year exam if he had received good marks in Public Interest Litigation subject.
After being passed by grace, he applied for revaluation, re-checking, but finally an RTI revealed that his answer sheet was torn and on basis of which he was marked. Along with Shreyank, his two other batchmates faced similar problem and both of them were marked failed. These students were not satisfied with their marks, applied for re-checking, then re-evaluation and then RTI. The university has now decided to give these students another chance to take exam, but students are not satisfied with that and want action to be taken against the examiner.
“When we filed the RTI, the university organised a committee in which they showed us our torn copies. But still they refused to provide us our answer sheets which is our right .They want us to take exam again or some form of settlement, but we want to know how did the examiner check a copy without noticing that pages were torn,” Shreyank said.
Shubham Sharma, another student, said it is not possible to fail students without putting any liability on the teacher who checked the answer sheets.
The university administration said that students will be allowed to take exams when they want, but action will not be taken against the examiner. Chief exam controller Vinod Gupta said, “The committee decided that students will be allowed another exam. The examiner wasn’t found guilty in the committee.” The university is citing Section 169 of Rajasthan University Act in which a student is allowed to take re-exam in case answer sheet gets torn, burnt or gets wet. However, the section is applicable before copies are checked by the examiner, not when RTI is filed.

Friday, June 25, 2021

Chandigarh government schools report increase in Class 12 admissions from 2015 to 2020: RTI

The Indian Express: Chandigarh: Friday, 25 June 2021.
The education department of the UT administration follows the concept of open admission on the basis of merit in Class 11. There is no policy, however, to allow direct fresh admissions into Class 12 in government schools of Chandigarh, though the migration of Class 12 students from other CBSE-affiliated schools of other states is allowed.
Chandigarh government schools have witnessed around four to 10 per cent more students enrolling themselves in Class 12, when compared to enrolments in Class 10 for the same batch two years ago, information accessed by The Indian Express, through an RTI showed.
The education department of the UT administration follows the concept of open admission on the basis of merit in Class 11. There is no policy, however, to allow direct fresh admissions into Class 12 in government schools of Chandigarh, though the migration of Class 12 students from other CBSE-affiliated schools of other states is allowed.
Usually a Class 10 student takes at least two years to get to and enrol themselves in Class 12
There are a total of 114 government schools in Chandigarh, 40 of which are senior secondary schools. The Indian Express procured admission information for 26 senior secondary schools out of the 40.
As per the RTI reply received by The Indian Express, around 5686 students were enrolled in Class 10 of government schools in Chandigarh in the year 2014-15. After two years, 2016-17, at least 6,257 students enrolled themselves in Class 12.
Likewise, in 2015-16, at least 5,885 students, in 2016-17, a total of 6122 students, in 2017-18, 6,506 students. The corresponding figures for enrolments to Class 12 two years later for the same batch were 6,257 (for 2016-17), 6,629 (for 2017-18), 7,065 (for 2018-2019), and 6,719 (for 2019-20), respectively.
A closer analysis of admission numbers in certain schools also confirmed the above trends. The Government Model Senior Secondary School-44 reported 76 admissions in Class 10 in 2014-15. After two years (2016-17), the school recorded at least 150 admissions in Class 12. In 2016-17, a total of 52 students were enrolled in Class 10, while the number of admissions was 171 in Class 12 after two years, in 2018-19.
Similarly, Government Model Senior Secondary School for Girls, Sector 20, had recorded 68 admissions in 2014-15. Two years later, in 2016-17, the total admissions in Class 12 had jumped to 381, almost five times the number in 2014-15. Likewise, in 2018-19, the school had recorded a total of 101 admissions in Class 10. After two years, 472 girls were admitted to Class XII in 2020-21.
Education experts and retired officers termed the trend of increasing admissions in Class 12 government schools to lesser fees, migration of students from other schools, and also students wanting to prepare for competitive exams in private institutes, while enrolled in government schools.
Chanchal Singh, former district education officer, maintained, “The migrations from other state schools affiliated to CBSE to Class 12 is allowed. Though, CBSE discourages local migration in Class 12 from private schools to government ones, in certain cases, especially those related to the economic background of students, we allow the migration.”
Prof Loveleen Kaur of the Department of Community Education and Disability Studies in PU says, “The trend reflects the standard of education in the government schools of the city. A number of students after passing Class 10 from private schools often enroll themselves in Class 11 of government schools, owing to several reasons.”
A retired IAS officer, who once served as the UT Education Secretary, requesting anonymity, said that the trend can also be attributed to students wanting private coaching for competitive exams while studying in government schools in classes 11 and 12. He said, “The issue was brought to the notice of the administration a few years ago. Efforts were made to discourage the practice. Apart from this, a number of parents in Chandigarh also prefer to enroll their wards in government-run schools in higher classes after matriculation from private schools to escape the high fees.”

What a Series of Failed RTI Queries Reveals About India's Para-Badminton Governance: Anushka Deepak

The Wire: New Delhi: Friday, 25 June 2021.
Since February 2019, a disability sports researcher has filed 60 applications under the Right to Information Act, 2005 (RTI), querying the credentials of the national coach of the Indian para-badminton team, Gaurav Khanna, and trying to learn which national sports federation had appointed him to the post. But she has yet to receive a useful response.
The researcher also claims that ever since she began filing the RTIs, she has been getting anonymous threatening calls from unidentifiable numbers, asking her to be careful when she travels to the US where she is currently pursuing a PhD programme.
All the researcher had wanted from these RTIs was information that would help her make sense of the functioning of the para-badminton circle as part of her doctoral research on the sporting environment in India for athletes with disabilities. But the less-than-useful responses to her RTIs, the harassment she has been subject to since she began filing the RTIs and the opaqueness of the whole environment of para-sports in India that she has experienced since she started her research in 2015, have given her cause to believe that para-sports in the country are less than safe for their athletes.
“India is blinded by the medals won by athletes with disabilities. No one delves behind the inspirational stories,” Padmini Chennapragada told The Wire. Chennapragada has a master of science in adapted physical activity from the US and has been researching para-sports in India for five years now.
“I wanted to show the citizens of India that medals are not proof of how safe a sport is. I wanted to do substantial data-backed research to bring to light how the under-privileged of India are taken advantage of,” she said about her research.
A series of dead ends
Chennapragada’s study is particularly relevant at this time as Indian para-athletes prepare for the Tokyo Paralympics that will be held between August 24 and September 5 this year.
Her study lists several ambiguities in India’s national sports federations (NSFs) including a lack of transparency and accountability. She has also noted some clear violations of the National Sports Development Code of India, 2011 (NSDCI), in the functioning of the NSFs.
The researcher started filing RTIs for her analysis of the role of the Paralympic Committee of India (PCI) in para-badminton in February 2019 when, after three years of on-ground research, including talking with officials in the various sports associations and the Ministry of Youth Affairs and Sports (MYAS), she did not have enough useful information to position on an empirical academic paper.
Different authorities had provided different answers for the same questions, which also contrasted to the ground-level feedback she had collected, Chennapragada claimed.
“Having returned to India after witnessing the smooth functioning of the Freedom to Information Act in the United States, I realised that India has a similar powerful tool in the RTI Act. But the system failed me when my RTI applications were repeatedly unanswered and eventually lost while doing the rounds of different departments,” said Chennapragada.
All the RTI applications Chennapragada filed should have had easily available answers. But she still does not know, for instance, how players are selected for the Target Olympic Podium Scheme. Or on what basis players are sent to international events. Or how Indian para-badminton players can have international rankings when there appear to be no national rankings.
She also alleges that she cannot find information about coaches, sports budgets, the credentials of players, the functioning of state-level units of the national sports federations and even the coordinators of the Badminton Association of India (BAI) and the PCI.
For example, when Chennapragada requested archival information pertaining to state and national championships and other old records from the PCI under the RTI Act, 2005, to analyse the governance of the sport and the administrative practices internal to the organisation, the response she received from the PCI said: “The requested information is over the stipulated duration and PCI does not have the resources or the infrastructure to store the data for such a long period.”
This violates certain aspects of the NSDCI which states that a national sports federation will get recognition from the MYAS only if it is able to provide “annual report, audited accounts, details of national championships held, utilisation certificate in respect of government grants” and so on.
If the PCI does not have this data, Chennapragada argues, how is it still a recognised national sports federation?
Many email RTIs sent to the MYAS regarding the PCI’s internal functioning also never received a response, said Chennapragada.
“The online RTI system lets you choose MYAS or the Sports Authority of India (SAI) as an option. As an applicant, I have zero control on which sports section the RTI is sent to. I see a pattern especially in the MYAS where RTI applications pertaining to the PCI often go to sections where the information is unavailable and the application is transferred to another section and it is a dead end from there,” Chennapragada alleged.
The Wire tried contacting PCI president Deepa Malik regarding the issue, but failed to get a response.
There are classification and qualification rules set by the Badminton World Federation (BWF) and the International Paralympic Committee for the players representing a country in international tournaments. However, in India, the national rankings of para-badminton athletes are not mentioned on either the BAI or the PCI websites.
Chennapragada filed another RTI to get the national rankings, for which she received varied responses from the PCI that either asked her to refer to their official website, which has not been updated since 2018, or specified that “such information is not withheld presently”.
“Information that is supposed to be public according to the Sports Code was not being provided openly. So I had to use the RTI to bring that information out,” said Chennapragada. “For example, the PCI’s MYAS disclosures were not public prior to October 2019. My repeated RTIs and complaints to MYAS finally got the PCI to update their website with that information.”
In direct violation of the NSDCI, the PCI has for many years not adhered to an annual competition and training calendar that is published on their website. And there is no evidence of a long-term development plan submitted to the MYAS or the SAI as required by the NSDCI.
In an RTI response sought from the PCI to provide information regarding all the long term development plans that have been in place between 2002 and 2019, Chennapragada was told: “The requested information is over the stipulated duration and PCI does not have the resources or the infrastructure to store the data for such a long period.”
The PCI is also required to provide proper training to coaches and conduct coaching development programmes as part of its long term development plans. But this too has not been adhered to.
In another instance of a violation of the NSDCI, state championships have never been conducted for all the member states of the PCI. While the code requires the national sports federation to have an all-India presence, the PCI’s membership does not include all the regions of India even today.
“The NSDCI is in fact a policy document that became a de facto law with poor and inconsistent enforcement,” said Chennapragada. “But in reality, India needs a sports law that considers all these issues. In the case of para-badminton, there is not a single person in its leadership who has any trained experience to scientifically handle governance.”
Chennapragada also found a couple of loopholes in the Rights of Persons with Disabilities Act, 2016 (RPwD) that would make it difficult for athletes in para-sports to turn to the legislation for support if necessary.
First, although the RPwD lays emphasis on the promotion and development of sports for people with disabilities, it never specifically mentions the Paralympics or any other disability sport discipline when it refers to creating opportunities for competition.
And second, although the Ministry of Social Justice and Empowerment (MSJE) supervises the promotion of disability rights through its Department of Empowerment of Persons with Disabilities, there is no mention of any working connection between the Ministry of Youth Affairs and Sports and the MSJE.
“If we have any issues or grievances we can go to the PCI, but usually people tell the coach,” an international-level player told The Wire. “However, I am hesitant to approach the coach because he controls everything and decides who participates in which tournament.”
‘A one-man show’
“The RTIs I filed to gain Khanna’s employment details and understand his affiliation with the PCI or the BAI were the strangest experiences of my research,” said Chennapragada.
From her on-ground research, Chennapragada had learned that while the BAI is responsible for the development and management of all aspects of the sport in India, including para-badminton, its lack of expertise in para-badminton has seen the PCI take over most of its functions in the para-badminton circle.
She had also heard from grassroots level players that the para-badminton national coach, Gaurav Khanna, had all the sponsors and national associations that manage para-badminton in his hands and also controlled the underage players.
This information intrigued Chennapragada and she wanted to know who had appointed Khanna as the national coach the BAI or the PCI and what his credentials were for the job.
N.C. Sudhir, convenor of BAI, told The Wire that the BAI should ideally take all decisions related to the sport of para-badminton. “But due to a lack of experienced people from the para-badminton circle, the BAI is not able to take as much interest in the discipline as they are doing in the able-body sport,” said Sudhir.
He confirmed that although there is no written agreement between the two associations, the PCI, which actively works in the management of para-sports, “has been taking a keen interest in developing para-badminton”.
The PCI is affiliated to the International Paralympic Committee as India’s National Paralympic Committee. It is also recognised by the MYAS as a national sports federation, which gives it the powers to develop and manage most para-sports and a few international events of para-badminton such as the Paralympics, the Asian Games and the International Wheelchair and Amputee Sports Federation (IWAS) tournaments.
“But the entire sport of para-badminton has ended up becoming a one-man show with the national coach, Khanna, getting too much power to take major decisions,” alleged Sudhir.
K.Y. Venkatesh, a veteran dwarf athlete who was recently conferred with the Padma Shri award for his service to para-badminton, also told The Wire that the entire para-badminton scene in India is controlled and run by Khanna from his academy in Lucknow. He alleges that Khanna, along with BAI chairman Prabhakar Rao, manipulates the national rankings and appears to push only one player.
The process of filing an RTI application in India is pretty straightforward. If the specific department has the information you need, they send it to you. If not, they route your request to the appropriate department or refuse to share the information while stating why it is being refused.
However, said Chennapragada, when she filed an application with the Lucknow Division of Northern Railways where Khanna is officially employed and posted, she received a personal communication on her cell phone from a Lucknow number asking her to clarify what information she needed via her RTI.
“A week after the phone call, my RTI application was sent to the personnel department of the railways and since then I have yet to learn if the Indian Railways ever issued a No Objection Certificate to Khanna to run a private coaching academy and travel across the world as the national para-badminton coach on government money while still earning a salary from Northern Railways,” she said.
The RTI applications Chennapragada made to the MYAS and the SAI requesting the same information have either been lost or ended in responses that blamed other committees.
BAI convenor Sudhir told The Wire that the BAI had been informed by the PCI that it had appointed Khanna as the national coach for the para-badminton team.
“In 2019, the appointment of the new chairman, Prabhaker Rao, completely changed the functioning of the sport. All decisions are taken by Khanna and Rao without any discussions with me. Even the rankings are prepared by them,” said Sudhir.
‘Half-baked information’
On condition of anonymity, a player who is in the race to qualify for the forthcoming Tokyo Paralympics confirmed to The Wire Chennapragada’s claim that the functioning of the para-badminton circle is not transparent.
“We get all the information on a WhatsApp group. The PDF circulars sent on the group never have a letterhead. All national rankings, tournament calls, press invites etc, never carry any official stamp. We have to seek information regarding sponsors, our affiliation with the government schemes, what tournaments we should participate in and the procedure to participate and so on from other players or outside the circle. All the information we receive is half-baked,” said the player.
The PCI has been suspended by the International Paralympic Committee three times since 1992 for a multitude of reasons including internal conflicts, gross mismanagement and practices impeding the growth of the paralympic movement in India. The most recent suspension of the PCI was in September 2019, when the MYAS cited violations of the National Sports Code in the body’s decision to sack its then chairman, Rao Inderjit Singh.
Last December, the PCI’s suspension was revoked. In the process of seeking approval to function as a national sports federation, the PCI submitted an annual competition and training calendar, in which several events were scheduled to take place at a private para-badminton academy in Lucknow – the GKE Badminton Academy (Gaurav Khanna Excellia Badminton Academy).
“The fact that a new academy is owned by the national coach is not new, as we see in the case of the Gopichand Academy, but annual tournaments that decide which players will participate in international events being listed at a private academy sounds fishy. Also, how did a full-time Indian Railways employee commit to so many hundreds of hours of travel with India’s para-badminton team?” Chennapragada wrote in her personal blog.
Her RTI responses filed to confirm Khanna’s coaching credentials said: “Information being personal cannot be supplied as per Section 8 of the RTI Act, without consent of the concerned person.”
This is a violation of the RTI Act, 2005, claims Chennapragada. Section 8 of the Act does not apply to Khanna’s case, she said, considering that none of the RTI responses from any association say Khanna has been appointed by them.
In almost all the RTIs filed by Chennapragada regarding Khanna, the departments concerned say different things.
RTI query: Who employed Gaurav Khanna as the national coach for para-badminton?
Response from SAI: He is engaged by PCI and BAI as coach.
Response from PCI: There are no Coaches/ Assistant Coaches that are appointed by SAI in PCI payroll / PCI has not appointed any Coaches/ Assistant Coaches for SAI payroll neither has claimed any such expenses from SAI.
Response from BAI: He is appointed as a coach by PCI.
Grassroots level players also allege that Khanna tries to push players training at his academy to all international events while ignoring the talents of others.
“I didn’t know that participating in multiple events would work for qualifiers in the Paralympics. I don’t want to name the player but no one can qualify for the Paralympics within two years of entering the sport. Not being able to have the same advantages as Khanna sir’s students is mentally taxing,” said a para-badminton player on condition of anonymity.
Chennapragada said that in a private conversation with Khanna he had told her: “PCI ban hogaya tho koyi baat nahin, hum SAI se kaam karaalenge (No problem if PCI is banned, we will get our work done by SAI).”
‘Nothing to prove’
In response to Chennapragada’s allegations, Gaurav Khanna told The Wire that as long as medals are won by the players he trains, he does not need to prove anything to anyone other than the officials of the PCI.
“My statement about getting work done from SAI meant that if none of the associations work, we can always go to the highest authority and they’ll listen to our requests,” Khanna told The Wire. “I have no personal issues with Ms Chennapragada. I met her and she is a very enthusiastic girl. A girl of that intellect should be in a positive direction (sic) and support the progress of the sport in the country.”
Khanna also said that his coaching abilities are being proved every day by the number of Arjuna Awardees he has produced, the number of medals his students have won and the rankings they hold in international events.
In relation to his academy and railways job, he said that his service towards para-badminton is purely on volunteer basis and that he is grateful for all the support he gets from his colleagues and his department, which allows him to serve the nation.
While many in the para-badminton fraternity allege Khanna’s actions are harming the sport, Palak Kohli, India’s para-badminton star who made history by becoming the youngest para-badminton player in the world to qualify for the Tokyo 2021 Paralympics, said that her journey started because of Khanna and all is well in the sport.
No accountability
There are two levels of legislative frameworks through which the PCI can be held accountable by the law: state-level legislation in the form of the Registrar of Societies Act of Karnataka and the NSDCI at the Central level. Neither of these two legislations mandates regular and structured communication between each other to maintain accountability and transparency from the national sports federations to the Government of India.
For example, despite providing annual funding to the PCI, the MYAS has no direct information pertaining to coaches appointed in Indian Paralympics and their credentials to work as coaches in India.
This is evident from the RTI responses received from the PCI and the MYAS for two questions:
RTI query: Does Gaurav Khanna have a coach credential / certification / degree to train athletes with disabilities in para-badminton?
RTI response: Information being personal cannot be supplied as per Section 8 of RTI Act, without consent of the concerned person.
RTI query: Is Satyanarayana, Mariyappan Thangavelu’s coach, a Sports Authority of India or National Institute of Sport certified coach?
RTI response: He is deputed by the Paralympic Committee of India as Coach.
These responses also reveal that the ministry has given complete control of the professional credentialing of technical officials and coaches working in Indian Paralympics to the PCI, Chennapragada alleged.
Palak Kohli told The Wire that according to the players, their sport’s national governing body is the PCI.
“The BWF marks emails to BAI for open events except for the Paralympics, IWAS and Asian Games and other major events. Gaurav Khanna coordinates between BAI and PCI, which is very convenient to us since we want to focus on our game. On a personal level, we feel comfortable approaching the PCI because they have expertise in para sports,” Kohli said.
Since it seems evident that the MYAS has no structure in place to continuously monitor the functioning of organisations at the grassroots level, Chennapragada contacted the BWF directly to bring these ambiguities to their attention.
However, the BWF said it had no jurisdiction over para-badminton at the national level.
“As the world body for badminton and para-badminton, the BWF does take any governance-related issues seriously. However, where a complaint relates to issues at a national level, it is generally the BWF’s position to maintain a level of impartiality and not to become directly involved,” said John Shearer, Senior Development Manager, BWF.
Inspiration or exploitation?
“About 99% of disability sports federations in India don’t have subject matter expertise,” said Chennapragada. “The sports ministry spends crores every year on sports, by which it mobilises vote banks at grassroots levels, but there is no verifiable governance framework.”
K.Y. Venkatesh told The Wire that since 2001 his only mission has been to develop para-badminton to the same level as the able-body sport and bring transparency and accountability in its management.
“To continue the work I’ve been doing for a decade now, I wrote a letter to the higher officials from all associations. I requested them to allow me and other members across the country to form a small committee that would bring more accountability to the sport. But it has now been three months without an official response,” he said.
For Chennapragada, one of the worst aspects of the lack of transparency in the management of para-sports in India is the way the athletes are exploited in the name of inspiration.
“People like Khanna thrive on pushing para sports from the inspiration porn angle,” alleged Chennapragada. “I remember speaking to him two years ago. The way he ‘sells’ you the idea of ‘uplifting’ a disabled player, the way he talks of enhancing the quality of their lives, it reeks of all the variables that work against diversity and inclusion – casteism, ageism and ableism. India thrives on the projection of success and empowerment that people like Khanna sell, especially when players with disabilities are involved.”
Ever since Chennapragada began to realise that there is a lack of transparency and accountability in para-sports which may put the athletes at risk, she has been asking members of the media to investigate the matter for themselves.
“But no one pursued the story,” she said. “In fact, a journalist from ESPN told me that the story is not ‘a smoking gun’ and that it would not ‘bring traffic and numbers’ to the website. This is exactly what is wrong with our society. As long as the medals come in, everyone thinks everything is all right.”