HC verdict on GU plea against CIC order on PM degree today

The Indian Express: Ahmedabad: Friday, 31 March 2023.
The GU, through its registrar, in 2016, had filed a petition before the HC challenging the CIC order wherein it had directed the university to provide information on the degree of PM Modi under the RTI Act to now Delhi CM Arvind Kejriwal.
The Gujarat High Court is scheduled to pronounce its verdict Friday on a petition by the Gujarat University (GU) challenging a Central Information Commission (CIC) order of April 2016 directing the varsity to “search for information regarding” Prime Minister Narendra Modi’s degrees.
The court of Justice Biren Vaishnav had heard the matter extensively on February 9 with senior advocate Tushar Mehta, who is also the Solicitor General of India, appearing on behalf of the university.
The matter has been listed for Friday for pronouncement of judgment.
The GU, through its registrar, in 2016, had filed a petition before the HC challenging the CIC order wherein it had directed the university to provide information on the degree of PM Modi under the RTI Act to now Delhi CM Arvind Kejriwal.
Senior counsel Mehta appearing for the varsity had argued before the court that “curiosity cannot be equated with public interest” and objected “in-principle to being directed to divulge degree under the RTI Act for any of our students.”
Mehta had sought that the petition be allowed with cost, “otherwise we will be doing a great disservice to the (RTI) Act”.
Kejriwal, represented by senior advocate Percy Kavina, had on the other hand submitted before the court that the university does not have the locus to challenge the CIC order as it is not an affected party.

In Himachal, 1.31 lakh claims of construction workers pending

Tribune India: Dharamsala: Friday, 31 March 2023.
Over 1.3 lakh construction workers registered with the Himachal Pradesh Building and Other Construction Workers Welfare Board have been awaiting the settlement of their claims under various social schemes for the past more than six months.
According to information secured under the RTI Act, 1,31,683 applications (till March 28, 2023), with claims worth about Rs 300 crore, are pending. Of these, 1,17,778 applications pertain to educational assistance, 8,115 for marriage, 3,141 for maternity benefits, 1,949 for medical assistance, 343 over death in family, 241 for differently abled members and 116 for housing grants. About 5 lakh workers are registered with the Board, which has funds worth Rs 700 crore.
Dues Worth Rs 300 cr

• The 1,31,683 applications entail a payment of Rs 300 cr

• The payments are to be released by the construction workers welfare Board

• Over 5 lakh workers are registered with the Board, which has funds worth about Rs 700 cr

Ravinder Singh Ravi, general secretary of Bhavan and Kamgar Sangh, an NGO, alleged that the Board had failed to hold regular meetings to clear applications. “A few officials at the helm of affairs in the Board are denying the poor their due,” he said.
Himachal Minister for Industries and Labour Harshwardhan Chauhan said most of the claims might have been left unsettled by the previous BJP regime. He said a Board meeting would be conducted soon to clear the “genuine” claims.
The Buildings and Other Construction Workers (Regulation of Employment and Conditions of Service) Act was adopted in Himachal Pradesh in 1996. Under this, the welfare Board was formed, which works under the chairmanship of the Minister for Labour. The workers are allowed up to Rs 30,000 health insurance, Rs 70,000 accidental death insurance, Rs 10,000 maternity benefit to female construction workers and Rs 500 monthly pension to workers who remain enrolled under the scheme continuously for a period of three years after attaining the age of 60 years. Besides, the workers can also get interest-free loan of Rs 50,000 for building a house.
As per the Act, the state government levies 1 per cent cess on all constructions above Rs 10 lakh in the state. Over the last three years, the government has collected cess worth more than Rs 100 crore.

Ludhiana MC employee planned murder of another RTI activist in February 2022: Police probe

Hindustan Times: Ludhiana: Friday, 31 March 2023.
On March 27, the police had arrested Brijpal, Nisha and Ishu Saraswal, a sewerman of Waddi Haibowal, for a murder bid on an RTI activist, Arun Bhatti, 40, who is also the vice-president of the Valmiki Sewak Sangh
Brijpal of Gobind Nagar, who is a supervisor at the MC, along with his aide had orchestrated the murder bid on another RTI activist and a steel trader Rajesh Kumar Jain, 60, of Nikka Mal Chowk on February 11, 2022, the police said, adding that Brijpal had paid ₹3 lakh to Nisha Sabharwal of Waddi Haibowal, when Jain tried to get some information under the Right to Information (RTI) Act.
On March 27, the police had arrested Brijpal, Nisha and Ishu Saraswal, a sewerman of Waddi Haibowal, for a murder bid on an RTI activist, Arun Bhatti, 40, who is also the vice-president of the Valmiki Sewak Sangh.
The accused have confessed to the crime. The police got the custody of Brijpal and Nisha from the court for questioning.
Jain stated that he was returning home from the Municipal Corporation Zone A office at the time of the incident after inquiring about the information regarding his RTI applications on February 11, 2022. He was talking over the phone when motorcycle-borne miscreants assaulted him with sticks and sharp-edged weapons. The assailants fled from the spot after the attack.
A driver rushed him to the civil hospital from where he was referred to the Christian Medical College and Hospital. The Division number 3 police had lodged an attempt to murder case against unidentified accused.
Jain stated that he had filed  applications under the RTI Act seeking information about appointments in the sanitary and sewerage department. Moreover, he had filed another RTI seeking information about vehicles allotted to politicians, as a government vehicle was allotted to former senior deputy mayor Sham Sunder Malhotra.
Inspector Beant Juneja, in-charge, CIA staff 2, said the accused have confessed to their crime. The police are questioning the accused if they have threatened or assaulted other RTI activists.

Why RTI Applicants Must Know the Basics of Filing an Application; Here Is a Classic Case of How Off the Track you Can Be!: Vinita Deshmukh

Moneylife: Pune: Friday, 31 March 2023.
Undoubtedly, the enormously pending second appeals or complaints are major hurdles to the quick dissemination of information under the right to information (RTI) Act. A small percentage of the piling of pendency is also because of a series of RTI applications filed by the same applicant, sometimes ad nauseum.
Secondly, the penning of wrong applications where information is sought beyond the purview of the RTI Act also contributes to the time consumption of the central information commissioners.
Here’s a classic case, where the RTI applicant not only went beyond the scope of the RTI Act, fervently submitted a series of RTI applications but finally did not attend the second appearance.
RTI applicant YSV Prasada Rao files 13 RTI applications between 24 March 2022 and 6 June 2022. The central public information officer (CPIO) replied between 31 March 2022 and 20 June 2022. His first appeal, since he is not satisfied with the CPIO replies, is heard between 18 June 2022 and 13 July 2022. His second appeal is received by the central information commission (CIC) between 23 June 2022 and 29 July 2022. The date of the hearing and decision of the CIC is 28 March 2023.
The information Mr Rao sought under RTI was all about asking the public authority, the prime minister’s office (PMO) in this case, for action. His RTI requisition was as follows:

• I filed a grievance with registration number PMOPG/E/2022/0065017 on 24/2/2022 saying: Hon Prime Minister, My public grievance with registration number PMOPG/E/2016/11083 dated 10/01/2016 is disposed of after more than five years and six months on 16/07/2021 with remarks if your grievance is not resolved yet then please resubmit with all details. It is a horrible justice delivery system. Therefore, I request your kind intervention in this matter. On 28 Dec 2021, at 8.20pm, I sent an email to the Hon’ble Prime Minister.
• On 15/04/2022 I filed with registration number PMOPGE/2022/010877 saying:
• Honourable Prime Minister, I filed a grievance with registration number PMOPG/E?2022/0065017 on 24/02/2022. Today when I checked, it shows under process against Current Status. Secondly, there is no column for reminders in the Grievance Status for registration number: PMOPGE/F/2022/0065017. I once again request your kind and immediate intervention.
• On 07/05/2022 my grievance with Registration no PMOPGE/F/2022/010877 was closed by the officer Satish Kerba Jadhav (director), department administration reforms and public grievances, PG Division saying: Sir, the provision is already there, kindly make use of it. Millions of citizens are already using it.

Addressing the CPIO, he asked, “I do not understand what the officer’s answer is. Secondly, in what this is an answer to my issue?”
The CPIO of the PMO office replied on 25 March 2022, stating, “It is informed that the request for action is beyond the scope of the RTI Act. In addition, it is conveyed that the applicant may please refer to the relevant frequently asked questions (FAQs) on the website of the office, i.e. http:www.pmindia.gov.in.”
Despite this, Mr Rao filed a first appeal. The FAA, terming it as ‘miscellaneous information’ replied, “I have examined the records in this matter. On perusal of records, it is clarified in the context that no information as defined in Section 2(f) of the RTI Act, is sought and subsequently furnished the response online.”
He also clarified that “The CPIO, PMO is not obliged to direct or cause action to be taken in respect of matters resting with other public authorities, as it is not given for in the Act. Further, the Act requires the supply of such information only which already exists or is held by the public authority. It is beyond the scope of the Act for a public authority to create information. Hence, the stand of the CPIO, PMO is in order.”
Mr Rao then filed the second appeal with the CIC. During the hearing, chief information commissioner YK Sinha observed in his order that “The appellant remained absent despite being served the hearing notice in advance. The respondent Praveen Kumar, deputy secretary (PMO), participated in the hearing through video conference.”
Mr Sinha disposed of the case, ordering that information as available with the public authority has been duly provided by the PIO, in terms of the provisions of the RTI Act. The appellant has chosen not to buttress the case nor appeared for hearing in these circumstances; the Commission finds that no further adjudication is warranted in these circumstances, the Commission finds that no further adjudication is warranted in these cases.”
For RTI users, the important part to remember while applying is that the information sought should not be vague. The RTI applicant should not ask questions (mostly to redress their grievance) but only seek information that is available on records with the public authority.

No federal override in India’s data protection law.

New Indian Express: Dr Amar Patnaik: New Delhi: Thursday, March 30, 2023.

It is important to recognise that the protection of citizens’ right to personal data privacy now forms a part of the Constitution as a fundamental right.

As we deliberate on the new draft version of the Digital Personal Data Protection Bill 2022, earlier introduced as the Personal Data Protection Bill, 2019, we have to look beyond the debate on data collection, storage, and data flow to examine if the proposed regulatory framework is appropriate and commensurate with the federal structure of India.

As opposed to the over 90 clauses in the previous version of the bill, this version has only 30 clauses. It means that large and crucial components of the bill have been left to subsequent rule-making by the Centre, as evidenced by use of the phrase “as may be prescribed” (by the Central government) at 18 places in the draft bill. This raises concerns about excessive delegation. At the same time, the regulatory powers have not been delegated to the state governments, where also a huge amount of personal data of citizens is generated, stored and processed.

In this context, it is important to recognise that the protection of citizens’ right to personal data privacy now forms a part of the Constitution as a fundamental right, having been read into Articles 19 and 21 by the Supreme Court in the Puttaswamy judgment. It is, therefore, not being bestowed on the citizens by the Central government or Parliament through its law/rule-making powers. It is not just a statutory right like the Right to Information under the Right to Information Act, but a constitutional right. So, it is by corollary that governments (both Central and states) will also have to subject themselves to equal rigour of the legislation as the private sector.

The draft version of the bill envisages setting up a Data Protection Board (DPB) to regulate the entire regime of digital personal data protection in the country. The Board will be entrusted with handling vast amounts of data collected not just by the Central government but also a wide variety of data sets originating out of state government functions under List II (the State List) of the Seventh Schedule of the Constitution such as health, education, agriculture, law and order, public order, etc.

Besides, it will have jurisdiction over data collected, stored and processed during the implementation of state schemes such as Konnect and KALIA for farmers in Odisha, Antyodaya Saral for public service delivery in Haryana, a scheme for human resources in healthcare in Uttar Pradesh, etc. Given that the Central government will exercise greater control over the functioning of the DPB, this control will obviously extend to state government authorities whenever issues of data breach and harm arise. This will inherently raise issues of federal override.

It is vital for India to build a resilient data protection framework with a ground-up approach much like Germany or Australia which are similarly geographically spread-out like India. Even the European Data Protection Board coordinates with the national data protection authorities under the EU GDPR for protecting the privacy of citizens.

Thus, having a regional presence of data protection authorities at the state levels will not only generate greater awareness about the fundamental right to privacy and provide an effective mechanism to data principals (citizens) to exercise it, but will also engender trust in the ecosystem and the Board by various stakeholders including the state governments. I had stated this in my Dissent Note to the draft bill in 2019. Devolution of enforcement and grievance redressal to regional levels will only increase efficiency and reduce possible operational bottlenecks, as the newly established Board will be expected to regulate approximately 600 million entities.

The Central government seems to have followed central acts like the Income Tax Act, the Customs Act and the TRAI Act in designing a central adjudication body along with satellite adjudication authorities at the state level, but this analogy cannot be applied to the DPB because the former legislations deal with subjects mentioned in the Union list of the Seventh Schedule unlike the DPB which will be asked to decide upon data captured, stored and processed at the state level under the State List subjects too.

In case of a data breach at the state level by a state government department/agency, the adjudication process may not lend itself to credibility and trust by the state government if the DPB is controlled by the Central government. In contrast to the DPB model, the structures of the Central Information Commission and State Information Commissions under the Right to Information Act, 2005, and the Central Consumer Protection Commission and State Consumer Protection Commissions under both the old (the Consumer Protection Act, 1986) and the new Consumer Protection Act, 2020, which have decentralised structures, appear more apt for adoption.

If Right to Information can have a decentralised structure at the state level, then why not have a similar system for the DPB ecosystem? What is the inherent distinction between “information” and “data” to be treated differently when they are not placed in two different lists in the Seventh Schedule of the Constitution?

However, the Consumer Protection model will be the most ideal to replicate because, in a broader understanding of the term, a data principal, most often, is a consumer and vice-versa. All goods and services providers are data fiduciaries. The people as consumers will also realise the significance of their personal data rights.

In my Dissent Note, I had also raised apprehension about the independence of this Board (earlier Data Protection Authority) and had argued for establishing a constitutional Data Protection Commission. Since the envisaged Board would be regulating and adjudicating on potential data breaches in various state government apparatuses as well as other constitutional authorities such as the Supreme Court and the high courts, the Central Election Commission, the Comptroller and Auditor General of India, and the Union Public Service Commission, constitutional entrenchment will ensure functional and structural autonomy. It will also obviate criticisms of federal override.

Dr Amar Patnaik: Rajya Sabha MP, advocate and former CAG bureaucrat , (amar_patnaik@yahoo.com)

(Views are personal) 

Dark Days for Human Rights Activists in India.

Intpolicydigest.com: Paul Newman: USA: Thursday, March 30, 2023.

On November 28, 2018, A.P. Jithender Reddy, a former member of the Lok Sabha, the lower house of India’s parliament, introduced legislation protecting human rights activists. Of interest is that in June 2019, Reddy switched party affiliation from the Telangana Rashtra Samithi Party to the right-wing Hindu nationalist Bharatiya Janata Party.

In 2018, he very clearly outlined that, “As the scope of human rights, socio-economic and ecological justice, and fundamental freedoms widens, and the role of human rights [activists] broadens, the number of attacks on them increases from both, the State and private entities. Since protection afforded to human rights [activists] has remained the same despite the evolution of rights, the bill seeks to recognize, promote and enhance the mechanism for the protection of those most vulnerable to the violation of their rights, the human rights [activists].” The bill unsurprisingly never became law.

One of the key concerns raised by human rights activists in India is their lack of rights and protections. Human rights activists are routinely targeted by Hindu nationalists, often with the blessing of authorities.

These attacks have increased and sharpened, especially against critics of the Bharatiya Janata Party (BJP) led government. Activists in India face a diverse range of attacks and harassment, including killings, rape, physical assault, arbitrary detention, threats, and judicial harassment. The police are often the perpetrators of violence against activists, which is usually carried out with impunity. Armed groups and private companies also target activists for work related to economic development projects and their impact on local communities or the environment.

Activists are increasingly the target of online smear campaigns by Hindu nationalists. Activists making use of the Right to Information (RTI) Act are liable to be killed, assaulted, or harassed for exercising their fundamental right to demand accountability from the government. Women activists are specifically targeted with gender-specific threats including killings, gang rape, or acid attacks. They are particularly vulnerable as the government routinely ignores their pleas for help.

More than 100 activists who have used the Right to Information (RTI) Act have lost their lives since 2011 in their fight for the most important currency of power – information. Hundreds more have been attacked all over the country for seeking a less corrupt government and a more ethical society.

Since 2018, protests focused on the Citizenship Amendment Act, farmer rights, or removal of Article 370 in Kashmir have led to mass arrests and unlawful incarcerations of activists under draconian laws. Further, spyware is often used to track down and plant material onto the laptops and mobile phones of activists and human rights groups.

The most recent Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA 2019) has made it possible for the government to designate individuals as terrorists without following any formal judicial process. Protestors and detractors are often termed “anti-national,” aided by the press which kowtows to the government.

Narendra Modi supporters protesting Pakistan’s foreign minister in 2022 who made critical remarks of Modi.

Amnesty International was compelled to close its offices after its bank accounts were frozen over an alleged violation of the Foreign Contribution Regulation Act.

Independent journalists who raise unconfortable questions are often targeted. According to reports, at least six journalists were killed, with 108 journalists and 13 media houses being targeted in the country in 2021 alone.

On October 8, 2020, the government arrested Stan Swamy, a Jesuit priest and tribal rights activist known for working to protect the rights of indigenous people. Swamy was reportedly charged with “waging, or attempting to wage war, or abetting waging of war, against the Government of India”; “conspiracy to commit offences”; waging war against the state; sedition; unlawful activities; terrorist acts; conspiracy; being a member of terrorist gang or organization; associating with a terrorist organization; and supporting a terrorist organization. He was the oldest person to be accused of terrorism at the age of 83. Swamy died in state custody.

In February, the UN Working Group on Arbitrary Detention released an opinion, declaring Swamy’s detention arbitrary and his death “utterly preventable.” Many other activists including Vernon Gonsalves, Arun Ferreira, Anand Teltumbde, and Sudha Bharadwaj stand accused of similar offenses.

The government has been unlawfully targeting activists through the use of overbroad national security laws and criminal laws, the International Commission of Jurists (ICJ) said in 2022.

This wave of targeting activists is reminiscent of the dark days of the “Emergency” when Prime Minister Indira Gandhi declared a state of emergency from 1975 to 1977. Activists argue that they are living in an undeclared emergency and there is an urgent need to adopt a bill that protects their rights.

There have been instances of activists making statements to the UN Human Rights Council and on return, they are quickly arrested like in the case of Thirumurugan Gandhi who was arrested on sedition charges in 2018 after his statement condemning the Thoothukudi massacre. In April 2022, well-known writer and activist, Aakar Patel, was denied permission to travel abroad to deliver a lecture.

Silencing, either through killings or arbitrary arrest, of human rights activists should never be the response of the authorities. If Narendra Modi wants to claim that India is a democracy, then he needs to back that claim up with action.

We cannot afford any more Narendra Dabholkar, Govind Pansare, M.M. Kalburgi, Gauri Lankesh, or Stan Swamy’s to lose their lives as they are too precious for the voiceless suffering masses of India.

Disclosure of confidential anti-dumping proceedings can impact India’s trade relations: Delhi HC.

Indian Express: New Delhi: Thursday, March 30, 2023.

‘Dumping’ is the concept of exporting goods into the international market at lower prices and it is is governed by the General Agreement on Tariffs and Trade.

The Delhi High Court has observed that anti-dumping proceedings are business sensitive and ruled that confidential information relating to a particular industry, involving the assessment of trade relations between India and other countries cannot be disclosed through the Right to Information Act.

A single judge bench of Justice Prathiba Singh in its March 23 order was examining two pleas – one moved by the Central Government and the other by Indian Synthetics Rubber Private Ltd and Reliance Industries Pvt Ltd – against the order of the Central Information Commission CIC, which directed the Directorate General of Anti-Dumping and Allied Duties to provide the information sought by an RTI applicant Arvind M Kapoor.

During the 1990s, global trade saw extensive expansion leading to apprehensions by nations in respect of exports of goods and products from countries at prices lower than their domestic prices into importing countries. The concept of exporting goods into the international market at lower prices is known as ‘Dumping’ which is governed by The General Agreement on Tariffs and Trade (GATT).

“…this court is of the opinion that the imposition of anti-dumping duty and confidential information disclosed in such proceedings would have a significant impact on the economic interest and trade relations of India, as also would constitute information received by the authority in confidence, which cannot be subjected to disclosure,” Justice Singh held.

The High Court observed that the Anti-Dumping Agreement entered into amongst countries, post-GATT, recognises the sensitivity and the competitive advantage that can be gained by third parties if confidential data is disclosed.

The court held that for ‘good cause’ the said information can be refused to be disclosed. “A perusal of the note sheet sought would also show that the disclosure of the same under the RTI Act, especially in a case where the RTI applicant was a party to the anti-dumping investigations and is a competitor of the petitioners could cause serious prejudice and adversely affect various sections of the domestic industry,” the court pointed out.

The bench did not agree to the argument that denial of providing information under the RTI Act would lead to breach of principles of natural justice.

“When the Anti-Dumping Rules themselves provide an exception to disclosure in view of the nature of the proceedings, the court cannot allow the RTI applicant to bypass the said barrier,” the HC said.

The high court observed that for the disclosure of antidumping proceedings, the designated authority has to undertake a detailed inquiry into issues such as ‘competitive advantage’, ‘business sensitivity’, ‘productivity particulars’, ‘cost of raw materials’, ‘investments made’, ‘sales’, ‘market share’ etc. It has the requisite expertise to do so, the court said.

In contrast, the authorities under the RTI Act, the Central Public Information Officer, First Appellate Authority, and the CIC would not have the requisite expertise to comment upon or assess the impact of disclosure of confidential information submitted or obtained in anti-dumping proceedings, the HC said.

The court ruled that the entire purpose of having a complete and self-sufficient scheme for disclosure of confidential information under the Anti-Dumping Rules would be defeated if persons who are participating in anti-dumping investigation are permitted to tangentially seek information under the RTI Act.

“Anti-dumping proceedings by their very nature are proceedings which have national and international dimensions and also have an impact on the country’s economy. The proceedings involve dealing with business sensitive and confidential information relating to a particular industry. It also involves assessment of trade relations between India and various other countries as can be seen from the public notice and the final order in the present case,” the HC said.

The RTI applicant had sought information with respect to seven issues in relation to the initiation of an anti-dumping investigation concerning imports of Styrene Butadiene Rubber from the European Union, Korea, and Thailand. The applicant sought information in a note sheet which the Central Public Information Officer Ministry of Commerce and Industry said was confidential and it was upheld by the First Appellate Authority. The RTI applicant moved the CIC against this order.

'Rs 49k for Tea': How Assam Govt Spent Rs 1.6 Crores From Kaziranga Funds to Host Ram Nath Kovind.

The Wire: New Delhi: Thursday, March 30, 2023.

In additional to Rs 1.1 crore from the tiger conservation fund, Rs 51 lakh was allocated by top forest official M.K. Yadava from another wildlife fund of the national park for the visit in 2022.

The Assam government used a whopping Rs 1.1 crore from the tiger conservation fund of the Kaziranga National Park to pay for food, tents, carpets and mementos as it hosted former President Ram Nath Kovind and his wife at the national park for two nights in February 2022.

A Right to Information or RTI reply from the office of the field director of the national park has also shown that an additional Rs 51 lakh was allocated by the Office of the Principal Conservator of Forests and Chief Wildlife Warden of the state, M.K. Yadava, from another wildlife fund of the national park to lay out the red carpet to the visiting dignitary. As per the state field director’s reply, a total of Rs 1,64,16,000 from the funds meant to protect wildlife in the national park were spent to ensure two nights of comfortable stay for the President and his entourage by the park authorities

In July 2021, state chief minister Himanta Biswa Sarma visited the Rashtrapati Bhawan to extend an invitation to President Kovind to visit Assam.

The President’s office accepted the invitation to visit from February 25 to 27, 2022. The chief minister announced to local media that during the three-day visit, the President would attend a range of events including the convocation ceremony of the Tezpur Central University on February 22. After this, Sarma said, which President Kovind and his entourage were to go on a retreat to the Kaziranga National Park before returning to Delhi on February 27, 2022.

Chief minister Sarma grabbed considerable media attention then by suggesting that the fact that the President’s House had accepted his invitation to visit Assam was an accomplishment of his government. “We extended an invitation to the honourable President for the visit and he consented to our request,” he said.

However, a recent RTI reply from the office of the field director of the national park to local animal rights activist Rohit Choudhury has shown that the visit, particularly to the Kaziranga National Park, had led to money being taken from the tiger conservation fund. The state government also dipped into another corpus meant for spending only on wildlife conservation.

Speaking to The Wire, Choudhury said, “I filed the RTI on May 18, 2022, on hearing unofficially that the President of India was hosted by the National Park authorities by using funds meant for its wildlife. On failing to get a reply from the park authorities, in August 2022, I appealed twice to the state information commission under the RTI Act. Ultimately, the Commission issued a notice to the park authorities to supply me with the information which I got on November 30, 2022. So you can say that I had to wait for six months to get this information officially from park authorities.”

In the November 30 reply, the park authorities stated that an amount of Rs 1,12,60,397 was “sanctioned as per [the] provision of the Rule 25 (B)(2) of the Assam Tiger Conservation Rules 2010 from the fund of Kaziranga Tiger Conservation Foundation to the Divisional Forest Officer cum Deputy Director, Eastern Assam Wildlife Division, Kaziranga Tiger Reserve” to arrange for the visit of the President of India to the park on February 26 and 27, 2022 as “grant in aid”.

The Kaziranga Tiger Conservation Foundation is funded by the park’s earnings from the jeep and elephant safaris. The state has two other such Foundations at the Manas and Nameri reserves. These Foundations were set up under Section 38x of the Wildlife (Protection) Act, 1972.

The Rule 25 (B) (2) that the park authorities used to justify the spending, says, “The 90 per cent of the funds generated through tourist entry fee and other charges etc. shall be utilized for the activities mentioned below and 10 per cent of the fund shall be kept in fixed deposit as society fund.”

A perusal of the rules, however, highlighted that the funds are meant to be used only to augment tiger conservation and also for eco-development initiatives through local people’s participation and for spreading of awareness among them about conservation.

None of those activities mentioned in the Rules included diverting funds from the Foundation to meet the costs of a visit by a dignitary.

Additionally, the chief wildlife warden Yadava sanctioned Rs 51,97,581.00 for the visit of which Rs 41,653.80 remained unspent, said the reply.

The broad break-up of expenditure mentioned in the annexes attached to the RTI reply showed some of the following purposes:

Amount sanctioned Purpose

• Rs 1,94,650 To a contractor, Kailash Patwary, “to provide manpower for clearing a tourist road” in the Kohora area adjacent to the park.
• Rs 2,43,768 For “providing breakfast, lunch and dinner on February 20, 2022” – in apparent in preparation for the dignitary’s visit – at JB’s Resort, Kohora.
• Rs 97,940 For “purchase of air purifier” from one Dayananda Saikia.
• Rs 2,88,300 For “providing lunch, breakfast on 22nd and 23rd February, 2022”.
• Rs 3,58,000 For “providing lunch, breakfast on 26th, 27th and 28th February, 2022”.
• Rs 49,560 To serve tea on February 26, 2022, at the IORA resort, Kohora.

The last sanction is noteworthy as it notes an expense of almost Rs 50,000 for tea on one day.A sizeable amount of money from the tiger conservation fund was also shown spent on renovation work of various inspection bungalows for the visit.

While the field director of the Tiger Reserve is the executive director of the Foundation, the president of its governing body is the minister in charge of wildlife and the vice president is the principal secretary/commissioner and secretary at the Department of Environment and Forests. The principal chief conservator of forests is its member, as are several others including the local MLA.

On being asked about the park authorities misusing the tiger conservation fund during Kovind’s visit, the state forest minister Chandra Mohan Patowary told Assamese media that he was unaware of it and would enquire into it.

“The Kaziranga National Park director cites (to local media) orders from powers above for incurring expenditure from the tiger conservation foundation’s funds for purposes not bonafide. When he says ‘powers above’, I hope he is not referring to divine sanction,” retorted Choudhury.

On February 22, Choudhury wrote to the state chief secretary requesting reimbursement of the funds used from the Kaziranga Tiger Conservation Foundation, a copy of which has also been sent to the chief minister. The activist said, “I have not received any response on that letter.”

The Kaziranga National Park is considered one of the rare wild breeding grounds for Royal Bengal tigers and leopards in India. In 2006, the park was declared a tiger reserve and is believed to have one of the highest densities of tigers in the world. As per 2022 census, the park has 124 tigers, an increase in population, from the 104 it had in 2017.

Crops on nearly 41,000ha lost to natural calamities in state

Times of India: Kochi: Wednesday, 29 March 2023.
Kerala, which depends on other states for agriculture products, has been losing crops on huge tracts of land natural calamities every year, shows data procured under the RTI Act.
Crops on around 40,960 hectares (ha) of agricultural land were lost to calamities in the state in just three-and-half years from June 2019 to December 2022, as per data from the agriculture department. Crops on 18,899.79ha were destroyed due to heavy rain. Crops on around 186ha were lost due to drought during the same period. Landslides also washed away crops on 183ha.

Alappuzha and Kottayam districts were the worst affected by the extreme weather events. Alappuzha reported crop loss of 5,939ha in just from April 2021 till December 2022 and it was 2,957ha in Kottayam. Kasaragod reported the lowest crop loss of 119ha in the same period.
The crop loss affected 3,15,013 farmers in the state with banana cultivators being the worst affected. Banana crops of around 1,12,643 farmers were destroyed in three-and-half years due to the calamities. They are followed by paddy and coconut farmers.
As the extreme weather events wreaks havoc, a report prepared by the department of environment calls for adaptation strategies and action. The report released this year, admits that a high percentage of area is exposed to hazards and the risk to agriculture and its productivity is likely to increase.
Experts are of the view that farmers should adopt advanced technologies to mitigate crop loss due to natural calamities and to increase productivity in the face of rising momentum of climate change.
“The solution is technology. Encourage more farmers to adopt appropriate technologies with the agriculture department’s support. Take soil conservation measures where it is possible. Scientific soil management practices are very important. We must also do soil and land classification. Crop loss is always not due to soil issues. There are many factors to it. In places where drought is destroying crops, we have to do scientific irrigation methods and proper use of dams,” said S S Nagesh, chief of agriculture division in Kerala State Planning Board.

Uttarakhand High Court Directs State To Disclose Status Of Lokayukta Institution, Expenditure Incurred Since Inception

Live Law: Uttarakhand: Wednesday, 29 March 2023.
The Uttarakhand High Court bench comprising Chief Justice Vipin Sanghi and Justice Alok Kumar Verma has directed the State to disclose the status regarding the establishment of the Lokayukta Institution, as well as the expenditure incurred on the said institution since its inception, yearwise up to 31st March 2023 within three weeks.
The court was hearing the PIL filed by a resident of Uttarakhand for the implementation of the Uttarakhand Lokayukta Act, 2014.
Background of the case
In 2021, PIL was filed by Ravi Shankar Joshi raising concerns about the non-implementation of the Uttarakhand Lokayukta Act, 2014, as the State has been without a Lokayukta for more than 8 years, he said.
The petitioner stated that in 2018, the Supreme Court (WP(Civil) No.57 of 2016) had directed the Government of Uttarakhand to appoint the Lokayukta within 3 months of the enforcement of the new enactment. In spite of the directions, there has been no progress regarding the same, he said.
According to the petitioner, he had filed an RTI to seek reasons for the non-appointment of the Lokayukta. However, the respondent department sent a reply stating that no information can be given as they do not have the file of concerning issue, the plea states.
The petitioner has requested the High Court to direct the State to implement the Uttarakhand Lokayukta Act, 2014 and finalize the names for the appointment of Chairperson and Members of the Lokayukta Institution.
In September 2021, the notice was issued to the State government on the filing of PIL.
The matter will now be taken up on 08th May 2023.
(Case Title- Ravi ShankarJoshi v. State of Uttarakhand)

Opposition MPs in Parliamentary Panel on IT Raise Concerns on Data Protection Bill

The Wire: New Delhi: Wednesday, 29 March 2023.
While there is no certainty whether the Narendra Modi government will introduce the Digital Data Protection (DPDP) Bill, 2022 in the ongoing session of Parliament, Opposition MPs who are part of the Standing Committee on Information Technology (IT) have expressed serious concern about protection of privacy in the draft and may have as many as 40 suggestions for the government to make it better.
Recently, in an article for The Wire, member of the Parliamentary Standing Committee on IT Karti Chidambaram flagged several issues that concern them including broad-ranging powers to the Central government to exempt itself or its agencies from complying to the Act and on the independence of the Data Protection Board. “The now withdrawn Personal data Protection Bill 2019 also had broad exemptions to the government and its agencies, but such exemptions were subject to safeguards and oversight mechanisms,” Chidambaram had said, highlighting the difference between the 2019 draft and the revised one. Posing “a big question mark” on the functioning of the Board, he wrote, “How can the Board be called an ‘independent’ regulator, when the appointments, removal of the chairperson and governing body is decided by the government?”
Yet another pertinent point he raised was children’s safety. “It has given itself the power to exempt entities from complying with the Act while processing data of children. This is concerning given that a study by Human Rights Watch found that government apps such as Diksha and e-Pathshala were engaging in practices that infringed the data privacy of children.”
Chidambaram’s article was in response to the Union IT minister Ashwini Vaishnaw claiming that the draft 2022 Bill had got a “big thumbs up” from the Parliamentary Standing Committee on IT. The Congress MP had asked the minister in return as to how could he say that, when the Bill was not even introduced in Parliament, let alone be referred to it for perusal.
The Ministry had released the revised draft of the Bill in the public domain on November 18, 2022. Though the government had informed the Supreme Court in January that it would introduce the Bill in the budget session, there is no certainly about it yet. Once the Bill is introduced in the Parliament, the Lok Sabha Speaker or the Chairman of the Rajya Sabha can send it to the Standing Committee for further consultation and suggestions.
Speaking to the Economic Times, two other members of the Standing Committee – TMC MP Jawahar Sircar and CPI(M) MP John Brittas – have also expressed concerns over the draft Bill including “unchecked and unbridled powers” with the Board and the government, “excessive centralisation of power” and “blanket exemptions to some data fiduciaries”.
“We may have more than 40 suggestions for the draft Bill in its current form,” Brittas told the newspaper. He said the Bill doesn’t uphold the 2017 right to privacy verdict of the apex court which protects privacy as a fundamental right under the Constitution. ‘This is a major concern,” he underlined.
Sircar said, “Another concern is the impact the Bill has on the Right to Information Act as it proposes to amend it.” The news report said the Bill proposes to omit the clause in the RTI Act, 2005 which allows public authorities to refuse access to information if it intrudes on the privacy of an individual but permits disclosure of information if there is an overriding public interest.

MMRC spent Rs 3.8 crore in Aarey car depot legal row: RTI

Times of India: Mumbai: Wednesday, 29 March 2023.
In the last seven years, the Mumbai Metro Rail Corporation (MMRC) has spent more than Rs 3.8 crore in legal expenses incurred on litigations over the proposed Aarey Colony car depot for the 32.5km Colaba-Bandra-Seepz underground project and other Metro works, the agency said in its reply to a Right to Information (RTI) query.
After environmentalists had objected to building a car depot in Aarey Colony, saying it would lead to a loss of tree cover and endanger the ecology, the MMRC had to battle the issue in the National Green Tribunal, the Bombay high court and even the Supreme Court.
"Between December 30, 2015 and January 9, 2023, the MMRC has spent a total of Rs 3.82 crore as litigation costs," said activist Anil Galgali, who had sought information with regards to names of counsel, court expenses, legal expenses, counsel fees, etc.
"Former advocate general of Maharashtra Ashutosh Kumbhakoni was paid Rs 1.13 crore, advocate Aspi Chinoy Rs 83.19 lakh and advocate Kiran Bhaglia Rs 77.33 lakh for representing the MMRC," said Galgali.
He added that among the other advocates who had received payments were Tushar Mehta Rs 26.4 lakh, Maninder Singh Rs 21.23 lakh, Rukmini Bobde Rs 7 lakh, Chitale and Chitale Rs 6.99 lakh, Shardul Singh Rs 5.81 lakh, Atul Chitale Rs 3.30 lakh and G W Mattos Rs 1.77 lakh.

Public entitled to know what State pays for buying liquor: Madras High Court asks TASMAC to disclose alcohol procurement price

Bar and Bench: Chennai: Tuesday, 28 March 2023.
The Court said that TASMAC was a public body bound to provide information under the Right to Information Act.
The Madras High Court recently directed the Tamil Nadu State Marketing Corporation (TASMAC) to disclose under the Right to Information (RTI) Act, details of the quantity of liquor it procured from individual private breweries and distilleries, and the price at which it procured the same.
Justice SM Subramaniam said in his order,
"This Court is of the considered opinion that it is not a trade secret or any secret involving in the manufacture of liquor. The Rate fixed between the 'State' and the Private company for procurement cannot be considered as a confidentiality. 'State' is undoubtedly accountable to the public at large. Information can be denied, if any public interest has been involved. Disclosure of the name of the company from where the purchase is made or the rate agreed between the 'State' and the factory cannot be construed as confidential, since the public at large is entitled to know the rate fixed by the 'State' for the purchase of liquors, since it involves public money."
The Court was hearing a writ petition filed by Coimbatore-based lawyer M Loganathan challenging the rejection of such information sought through his application filed before the the Tamil Nadu Public Information Commission (TNPIC).
Loganathan had sought the above information from TASMAC for the years 2013-14 and 2014-15. Such information was denied to him, as TASMAC claimed that the same involved matters of commercial confidence and, therefore, was exempted from being made public as per the proviso clause to Section 8 of the RTI Act.
However, in compliance with a previous order of the Court, TASMAC submitted the details sought by Loganathan in a sealed cover.
Justice Subramaniam went through the sealed cover report and held that such information was in no way a trade secret, or a matter of commercial confidence. On the contrary, TASMAC being a State body, was accountable to respond to the petitioner's query keeping in mind the principle of transparency in the State's activities, the Court held.
"...therefore, all the details regarding procurement, sale, fixing of rate, brand name cannot be construed as a commercial confidence or brought within the definition of 'commercial confidence' under the scope of Section 8(1)(d) of the RTI Act."
The Court further said that the very purpose of the RTI Act, was to promote transparency and accountability in the functioning of every public authority. And TASMAC being a State-owned organisation dealing with public money, its functioning must be accountable to the "public at large," it said.
Advocate A Suresh Kumar appeared for Loganathan. Advocate Niranjan Rajagopal appeared for the respondents TNPIC and the Public Information Officer. Additional Advocate General J Ravindran appeared for TASMAC.

(Copy of Order)

Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High Court

Live Law: National: Tuesday, 28 March 2023.
Observing that disclosure of confidential information in anti-dumping proceedings can have a significant impact on country’s economic interest and trade relations, the Delhi High Court has said that same cannot be sought or subjected to disclosure under the Right to Information Act, 2005.
Justice Prathiba M Singh observed that when the Anti-Dumping Rules themselves provide an exception to disclosure of information in view of the nature of anti-dumping proceedings, the court cannot allow the RTI applicant to “bypass such a barrier.”
“The entire purpose of having a complete and self-sufficient scheme for disclosure of confidential information under the Anti-Dumping Rules would be defeated if persons who are participating in anti-dumping investigation are permitted to tangentially seek information under the RTI Act,” the court said.
The court noted that Anti-Dumping Agreement of various countries after post General Agreement on Tariffs and Trade (GATT) recognises the sensitivity and competitive advantage that can be gained by third parties if confidential data is disclosed, adding that such information can be disclosed for “good cause.”
“In the context of anti-dumping proceedings and information disclosed therein, the DA has to undertake a detailed enquiry into issues such as ‘competitive advantage’, ‘business sensitivity’, ‘productivity particulars’, ‘cost of raw materials’, ‘investments made’, ‘sales’, ‘market share’ etc. The DA also has to examine whether there is good cause for disclosure. The DA can also get non-confidential summaries prepared for thepurpose of disclosure. All this exercise is to be undertaken by the DA having expertise in the matter,” the court said.
Justice Singh further observed that the authorities under the RTI Act including CPIO, PIO, First Appellate Authority and the CIC would not have the requisite expertise or wherewithal to comment upon or assess the impact of disclosure of confidential information submitted or obtained in anti-dumping proceedings.
“Anti-dumping proceedings by their very nature are proceedings which have national and international dimensions and also have an impact on the country’s economy. The proceedings involve dealing with business sensitive and confidential information relating to a particular industry,” the court said.
The court was dealing with two pleas moved by Union of India and M/s Indian Synthetics Rubber Private Ltd. and Reliance Industries Pvt. Ltd. The petitioners challenged an order passed by Central Information Commission dated July 29, 2016, directing the Directorate General of AntiDumping and Allied Duties to provide certain information sought under RTI Act.
The RTI applicant had sought information qua seven issues in relation to initiation of an anti-dumping investigation concerning imports of Styrine Butadine Rubber from European Union, Korea RP and Thailand.
Setting aside the impugned order, the court noted that section 11 of the RTI Act itself recognizes the intention to protect the information received from third parties.
“This principle is also the very basis of Rule 7 of the Anti-Dumping Rules, which requires specific authorization of the party providing the information. Thus, in effect, there is no inconsistency between the provisions of the RTI Act and the Anti-Dumping Rules,” it added.
Justice Singh observed that if any party, especially one who has already participated in the anti-dumping investigation, requires any information, it would have to be governed and dealt with under Anti-Dumping Rules. The court said that such a procedure cannot be bypassed by seeking resort to the provisions of RTI Act.
“The Anti-Dumping Authority is vested with specialised knowledge relating to the trade as also the exclusive knowledge in respect of antidumping proceedings. Such knowledge would enable the said Authority to take a considered decision as to whether the particular information is to be disclosed or not. Such expertise does not vest with the CPIO/PIO or other authorities under the RTI Act,” it added.
However, the court said that the remedies of the RTI applicant under the Anti-Dumping Rules, if any, are left open.
(Title: UNION OF INDIA v.ARVIND M KAPOOR AND ANR)

Kerala spends Rs 3 crore to capture rogue elephants over four years: Asha Javed

Onmanorama: Munnar: Monday, 27 March 2023.
Kerala has been witnessing frequent incursions of wild elephants into areas of human habitation near forests, causing huge loss of life and property, forcing the Kerala Government to often launch campaigns to capture the jumbos which turn dangerous towards people.
A reply to a query filed under the Right to Information (RTI) Act has now revealed that the state government spent around Rs 3 crore over the last four years to capture rogue wild elephants and tame them at the Forest Department’s elephant shelters.
In the most recent development in this regard, teams of the Forest Department are camping at Munnar to get hold of a tusker who has been wreaking havoc in the area for some time. The elephant is referred to as ‘Arikomban’ over its fondness for rice and tendency to target ration as well as other shops and kitchens where the cereal is stored.
The teams at Munnar have been camping in the region for weeks now and the government has already spent a big amount for the purpose.
Central aid underutilized
As per the government’s reply to the RTI query, the exact amount spent for capturing wild elephants, shifting them to the shelters and taming the beasts over the last four years was Rs 2,94,11,000. The reply also said that the average expenses for the upkeep of each elephant for a year came to Rs 11.5 lakh.
Meanwhile, the amount allotted by the Central Government to Kerala from 2015 to 2022 to implement measures to check the menace of wild animals was Rs 77 crore, the RTI reply said. However, the state government spent a mere Rs 49 crore of this allocation, the reply added.
Official apathy alleged
At the same time, local people allege that wild elephants invade human areas only because the Forest Department has failed to set up effective barriers on forest boundaries which could prevent such incidents. Incidentally, 48 peoplehave lost their lives in elephant attacks in Munnar and Mattupetty areas. Still, the Forest Department authorities have reportedly adopted a lackadaisical attitude towards the demands of the people to save their lives. Considering the situation, people in many areas are planning protests against the Forest authorities.

Railways directed to share inquiry report on Lokur-Danishpet train accident

The Hindu: Chennai: Monday, 27 March 2023.
The Central Information Commission (CIC) has directed Southern Railway to provide a copy of the report on the investigation into the 1995 train accident that left 52 passengers dead and scores of others injured between the Lokur and Danishpet stations near Salem.
The CIC passed the order on a petition filed by Sachin P. Kesavan for a copy of the report filed by the Commissioner of Railway Safety. The Chief Public Information Officer (CPIO), Southern Railway, had sought to invoke provisions under Sections 8(1)(d), 8(1)(e) and 8(1)(j) of the RTI Act, 2005, to deny the information. The railways also said the information was too old to be found on records.
Overruling the stand of the railways, Information Commissioner Uday Mahurkar directed the CPIO to provide the information to the appellant after redacting information of which disclosure might harm national security, personal information about officers and witnesses and information of which disclosure that might harm the competitive position of a third party, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act.
On the night of May 14, 1995, the Madras-Kanyakumari Express (no. 6019) collided with an empty goods train. Trains were operated on a twin single line system when the goods train entered the track on which the Kanyakumari Express was running. Eight coaches of the express train, six wagons of the goods train and the locomotives of both derailed, and 52 persons, including five crew members, died.
Different theories
Different theories were floated then on the circumstances that could have led to the fatal accident. The then Railway Minister, C.K. Jaffer Sharief, told Parliament a couple of days after the accident that “the signal man, perhaps, had not changed that line alignment and as such, he went on the other side and he went to the same line where the passenger train was coming and collided... Perhaps, more weightage can come only when the Safety Commissioner conducts the inquiry because these are all technical matters on which they may be able to throw more light.”
The petitioner in the RTI Act case sought a copy of the report of the Commissioner of Railway Safety, which was not made public. He submitted that he would not share the information as evidence in any case and it was only for gaining knowledge. The Commissioner of Railway Safety works under the Ministry of Civil Aviation and investigates matters of safety of rail travel and train operations. The Commissioner is entrusted with certain statutory functions as prescribed in the Railways Act, 1989.

Rs 2.6cr for 2-day job fair spent without finance department nod: RTI

Times of India: Goa: Monday, 27 March 2023.
The department for labour and employment held a two-day job fair at Taleigao and spent Rs 2.6 crore without the financial approval of the government, according to information released under the Right to Information Act.
As per the information, Rs 2.5 crore was paid to Sunlight Media for event management, Rs 9.2 lakh was spent on advertisements and Rs 75,754 was incurred on vehicles hired from the Kadamba Transport Corporation and Goa Tourism Development Corporation.
“Perusal of the documents clearly reveals that the mega job fair was a planned mega scam. I demand a white paper on how this astronomical spending has benefited the jobless in the state,” said advocate Aires Rodrigues, who filed the RTI to obtain the information.
The labour and employment department approached the finance department for approval just days ahead of the job fair, which was held on November 8 and 9 at the Dr Shyama Prasad Mukherjee Indoor Stadium at Taleigao. The finance department responded to the request on November 10, and the file notings show the reservations of the department.
The finance department in its note said that the cost to organise the job fair “appears to be very high”, that expenditure of Rs 3,600 on each participant was “unreasonably high” and the costs need to be brought down.
“Those involved in this scam should be brought to book. Action must be taken against officers for having held the event without the financial approval of the government despite there having been enough time to do so,” said Adv. Rodrigues.
The finance department wanted the labour and employment department to restrict expenditure to Rs1,500 per head, recommendations that could not be followed since the event had already concluded. The department refused to approve the expenditure and returned the file to the labour commissioner stating that the explanation to the queries raised was not satisfactory. Despite the objections raised by the department, chief minister Pramod Sawant, who is also the finance minister, granted financial approval on February 14.

Ludhiana SHO slapped with ₹10,000 for not providing info to RTI activist

Hindustan Times: Ludhiana: Monday, 27 March 2023.
Ludhiana The Punjab State Information Commission has slapped a fine of ₹10,000 on a station house office in Ludhiana for not supplying information to an RTI activist.
The SHO inspector Pramod Kumar of Shimlapuri police station of Ludhiana police commissionerate has been ordered to appear before the commission on Monday.
The complainant, Davinder Sharma Bitta of Janakpuri, stated that around two-and-a-half years ago, he had filed a complaint to Shimlapuri police against a person for blackmailing him, but the police did not take any action on the complaint.
However, he received a message from the police department to appear in ‘know your case’ camp held at Shimlapuri police station to know the action taken on his complaint.
“I reached the police station where I had found that the police had misplaced my complaint. They made me wait for at least one hour at the police station. When I objected to it, SHO inspector Pramod Kumar and munshi of the police station misbehaved with me,” Sharma said.
“I filed an application under the RTI Act seeking information on action taken by the police on the complaint on December 31, 2021, but the SHO did not supply information to him,” Sharma said.
“I moved the Punjab State Information Commission on June 7, 2022 when I did not get information. Meanwhile, I came to know that the police had made some fake entries in the daily diary register (DDR) that Davinder Sharma had not appeared in the police station despite repeated reminders, but they failed to produce the summons issued to ask me to join the investigation,” he added.
Sharma added that he had filed a complaint of misbehaviour by the SHO and munshi in the same police station, but the police have not taken action on the complaint.

Women cops in Odisha struggle for amenities at police stations: Study

The New Indian Express: Bhubaneswar: Sunday, 26 March 2023.
It examined working conditions of women police personnel in the states of Odisha, Chhattisgarh, Jharkhand and Bihar by interviewing them and filing RTI applications.
Women in Odisha Police have little access to the basic amenities and facilities like clean toilets and transportation during odd working hours but when it comes to gender equality in the police administration and securing the women personnel from sexual harassment, the state has been doing well.
This has been revealed in a study ‘Challenges of Women Police Personnel’, which was released by a city-based nonprofit Centre for Sustainable Use of Natural and Social Resources on Saturday. It examined working conditions of women police personnel in the states of Odisha, Chhattisgarh, Jharkhand and Bihar by interviewing them and filing RTI applications.
Conducted by researcher Dr Susmita Parija with help from the department of PM&IR, Utkal University, the survey covered 75 women police personnel across all ranks in Odisha in the age group of 21 to 60. Most of the respondents are in permanent mode of employment. 
While 46 respondents said they do not have access to clean toilets in police stations, 71 complained of no provision of rest room. To RTI query on toilets, the police department informed that 318 police stations in the state had toilets but these were common toilets for both men and women. None of the police stations have separate toilet facilities for women personnel, making them prone to UTI and vaginal infections.
Besides, 57 women police personnel spoke about difficulties they face while returning home due to lack of transportation facilities during odd hours of work.Compared to the other states, the remuneration and promotion opportunity for the women personnel across all ranks in Odisha is good, the survey found. It further revealed that working hours are relatively more predictable and conducive for police women in Odisha than in the other states.
However, being in the police department meant sacrificing newborn care for the women personnel. Although the Maternity Act,1961, mandates at least two nursing breaks, the police women in their postnatal period could not avail of it. Nature of the job and less manpower in police stations prevented the women from seeking permission from their higher authorities for nursing breaks and even for the authority to grant them such breaks if requested, which is their right.
In Odisha, 55 respondents depended on formula milk powder to feed their newborn, only eight could avail nursing breaks and a negligible one resorted to pumping and storing the breast milk to tend to their newborns. Moreover, only four police stations established between 2017 and 2021 had creche facilities.
OTHER FINDINGS

• Of 75 respondents, only one had faced sexual harassment in Odisha
• 66 pc of the personnel interviewed were aware of legal procedures to take in case of sexual harassment
• 70 pc of the respondents in Odisha were treated equally as their male colleagues
• But 62 pc of them said male colleagues possess a patriarchal attitude towards them

Transparency in judge appointments? It’s a secret matter!

Deccan Herald: Opinion: Sunday, 26 March 2023.
Recently, Law Minister Kiren Rijiju informed the Lok Sabha that less than 3% of the 569 High Court (HC) judges appointed since 2018 belong to the Scheduled Castes. About 1.5% are from the Scheduled Tribes. In December 2022, we were told that women occupy barely 9% of the sanctioned posts of judges in various HCs. We do not have the latest figures for judges belonging to minority communities.
Representation for societal diversity contributes significantly to the strengthening of people’s confidence in justice delivery institutions. But we do not know enough about the systemic measures that are in place to ensure that candidates from the under-represented segments of society are considered for appointment as a matter of routine.
This is why the Law Minister’s latest reply that details of the social background of candidates recommended by the HC collegiums are being collected since 2018 through a revised Annexure to the Memorandum of Procedure (MoP) for appointments comes as a big surprise. Responding to at least three of my RTI applications filed between 2018 and 2020, successive public information officers and an appellate authority of the law ministry itself have categorically stated that caste and community-wise data of recommended candidates is not maintained. The Constitution does not provide for reservation quotas in the higher judiciary, they explained. Both replies cannot be correct simultaneously.
In 2018, the law ministry also refused to supply a copy of the MoP on the ground that the question of coverage of the office of the Chief Justice of India (CJI) under the RTI Act was pending before the Supreme Court!
The MoP currently displayed on the ministry’s website is from August 2021. ‘Family background’ is the only field in its Annexure that comes closest to capturing the ‘social background’ of recommended candidates. Is this the revised Annexure to which the minister alluded in his reply? We do not know.
Interestingly, in 2019, Justice Chandrachud, now the Chief Justice of India, had listed essential ‘substantial’ norms with regard to judicial appointments in a separate opinion while concurring with a Constitution Bench’s unanimous view that the CJI’s office is squarely covered by the RTI Act. One of the essential norms is promoting inclusiveness in the judiciary and ensuring diversity by taking into account factors like gender, representation for the minorities, the marginalised, etc. He also made a strong case for giving these norms due publicity in order to promote confidence in the appointments process, foster transparency, and promote accountability in decision-making at all levels within the judiciary and the government.
In December, Law Minister Rijiju told the Rajya Sabha that the government had received representations from diverse sources about the lack of transparency, objectivity and social diversity in Constitutional Courts with requests to improve the collegium system. He also stated that the government had sent suggestions for supplementing the MoP.
A day after this reply was reported, I sent an RTI application to the ministry seeking legible copies of all such representations, the government’s suggestions sent to the apex court for supplementing the MoP, and all related correspondence and file notings. As the PIO remained mum for 30 days, I appealed against the silence.
Pat came the online reply: “The information sought is voluminous in nature and includes classified documents. Hence the same cannot be provided under the RTI Act, 2005.” Public representations for improving transparency and accommodating societal diversity in the higher judiciary have become sarkari secrets!
Later, the appellate authority directed the PIO to furnish the information in accordance with the law within 10 days. Nineteen days have gone by. I am waiting with bated breath for his reply.

Supreme Court gives States, UTs and High Courts three months to set up online RTI portals

The Hindu: New Delhi: Sunday, 26 March 2023.
‘Though the Act was enacted in October 2005, after a lapse of 17 years, online web portals are still to be operationalised by some of the High Courts,’ the apex court noted in its order
The Supreme Court has directed States and Union Territories to set up and operationalise online Right to Information (RTI) portals within three months to ensure transparency in governance.
The court gave the same three months' time to Registrar Generals of State High Courts to establish and run online RTI portals in their respective High Courts and district courts.
The recent order by a Bench led by Chief Justice of India D.Y. Chandrachud came in a petition filed by the Pravasi Legal Cell, represented by advocate Jose Abraham.
The Supreme Court has directed States and Union Territories to set up and operationalise online Right to Information (RTI) portals within three months to ensure transparency in governance.
The court gave the same three months' time to Registrar Generals of State High Courts to establish and run online RTI portals in their respective High Courts and district courts.
The recent order by a Bench led by Chief Justice of India D.Y. Chandrachud came in a petition filed by the Pravasi Legal Cell, represented by advocate Jose Abraham.
Mr. Abraham argued that Section 6(1) of the Right to Information Act, 2005 stipulated that an information seeker had a statutory right to move an application through electronic means. However, several High Courts and most district courts entertain only physical RTI applications.
"The Supreme Court of India has recently set up an online portal facilitating requests for the supply of information. Online facilities would considerably facilitate the fulfilment of the objects of the Act. Though the Act was enacted in October 2005, after a lapse of 17 years, online web portals are still to be operationalised by some of the High Courts," the apex court recorded in its order.
The Bench noted that some of the High Courts, as in Madhya Pradesh, Odisha and Delhi, have set up online RTI portals. The Karnataka High Court uses the web portal set up by the State government.

In Conversation With Shailesh Gandhi, Former Chief Information Commissioner And RTI Activist

Verdictum.in: Mumbai: Sunday, 26 March 2023.
Mr. Shailesh Gandhi, Former Chief Information Commissioner and RTI Activist speaks about the present legal system with regard to the Right to Information Act and his thoughts on how the RTI Act is making citizens the rulers of the Nation, highlighting the importance of providing information to the citizens, in an interview with Sukriti Singh. Mr. Gandhi was the convener of the National Campaign for People’s Right to Information Act and the only RTI activist to be chosen as the Chief Information Commissioner (CIC). As CIC, he disposed the highest number of appeals with a record of 20,000 cases in 3 years and 9 months. He has also authored a book titled “RTI Act: Authentic Interpretation of the Statute”. He continues to be an advocate for transparency and integrity in governmental affairs for the public. If you like the video, do like, share and subscribe to our YouTube channel for more interesting and informative videos. The interview is embedded above and can also be viewed here.

Gujarat Information Commission suggests to hike RTI application fee

The Indian Express: Ahmedabad: Sunday, 26 March 2023.
In its annual report for the year 2021-22 tabled in Gujarat Assembly on March 24 the Commission also suggested stricter penalties against Public Information Officers for breach of provisions of RTI Act, 2005.
The Gujarat Information Commission has recommended to the state government to increase the Right to Information (RTI) application fee to a maximum of Rs 100 from the Rs 20 charged currently.
In its annual report for the year 2021-22 tabled in Gujarat Assembly on March 24 the Commission also suggested stricter penalties against Public Information Officers for breach of provisions of RTI Act, 2005.
“Even after almost 17 years of implementing the Right to Information Act, 2005, the filing fee is currently Rs 20 only,” the Commission stated while recommending the application fee to be raised by Rs 50 to Rs 100. “The page limit should be fixed for providing free of charge information,” it added suggesting a limit of 15 pages for providing information without any charges.
Recommending stricter action against erring public information officers, the commission stated, “The provision has been made for penalty of maximum Rs 25,000 under Section-20 (1) of the Right to Information Act. Even after nearly 17 years of implementation of the said law, there has been no increase in the amount of penalty. Public information officers are not serious about taking action within time limit, due to this very small penalty.” The commission also recommended a system to be put in place where the penal action taken against Public Information Officers under the Act should be highlighted or mentioned in the confidential report of the official.
“Public information officers are punished, but in their confidential report, there is no provision for mentioning or highlighting that fact. For better implementation of this Act, the commission recommends that a system be put in place to take note of the penal action against the Public Information Officer under the said Act,” it said.
The Commission stated that during hearing of 7,435 appeals and complaints during 2021-22, it imposed penalty of over Rs 8.9 lakh on Public Information Officers in 99 cases for breach of provisions of the Act. This include officials of Surat Municipal Corporation, Ahmedabad Municipal Corporation and Metro Cooperative Bank Ltd, Surat, among others. The commission also recommended strict against against Public Information Officers for not transferring all records to the new officer in an event of a transfer.
During the financial year, the Gujarat Information Commission stated that it received 97,999 RTI applications of which 72 per cent of the applications were related to home department (33%), Urban Development and Urban Housing (29.38%) and Revenue department (9.3%). The Commission pointed out that the low number of applications received by departments including Food, Civil Supplies and Consumer Affairs department (291 applications), Health and Family Welfare (941 applications) and Narmada, water resources and water supply department required “scrutiny”.
“The number of applications received under the RTI Act is much lower in some departments where important work of providing work to the people is undertaken,” the Commission stated.

RTI activist held for extorting ₹35L from jeweller

Hindustan Times: Mumbai: Saturday, 25 March 2023.
The complainant approached a crime branch official after the accused started threatening and demanding ₹15 lakh more. On March 23, a case was registered in the LT Marg police station and was transferred to the AEC for investigation.
The Anti-Extortion Cell (AEC) of the crime branch arrested a 46-year-old RTI activist on Thursday evening for allegedly extorting ₹35 lakh from a jeweller who has been renovating his four-storey building in south Mumbai.
The accused identified as Gaurang Zaveri is also a jeweller from the same area.
The complainant approached a crime branch official after the accused started threatening and demanding ₹15 lakh more. On March 23, a case was registered in the LT Marg police station and was transferred to the AEC for investigation.
“One of the buildings in Teli Galli of the complainant was dilapidated and he had therefore undertaken renovation after obtaining required permissions from the concerned authorities like MHADA and BMC,” said a police officer.
The renovation work had stopped for two years due to the Covid-19 pandemic and later it started again in August 2022. After a month, the victim’s manager Chetan Dandage informed him that Zaveri came to meet him, claiming he was the owner of the neighbouring building. “When the victim inquired, he found Zaveri is an RTI activist, and he allegedly filed RTI applications to get details from the concerned department about the construction work. He also learnt that Zaveri had filed a complaint to stop the work, claiming it was illegal,” said the police officer.
The victim along with his two friends then met Zaveri, who allegedly informed him that his renovation work was illegal and the work will soon stop if he failed to pay him ₹45 lakhs. The complainant had already faced a loss of ₹1.5 crore due to delay in completing the renovation work and therefore he got scared and paid ₹35 lakh to Zaveri, said the officer.
Recently, the accused again threatened to file a complaint about the renovation work and again demanded ₹15 lakh. The complainant then realised that his demands would not stop in future and approached the police.
Zaveri was produced in the court and remanded in police custody till March 28.