Bold News: Editorial: Monday, 01 May 2023.
Transparency and accountability are essential pillars of a healthy democracy. The Right to Information (RTI) Act of 2005 is one of the most important laws in India that ensures transparency and accountability in governance. The Act enables citizens to access information held by public authorities and empowers them to hold the government accountable for its actions. However, the recent warning issued by the Central Information Commission (CIC) to the Public Information Officers (PIOs) in Jammu and Kashmir for violating the timelines stipulated under the RTI Act highlights the lack of awareness, resources, and corruption fears that contribute to non-compliance with the Act. The CIC warning came after an RTI application filed before the Block Development Officer in Rajgarh was not responded to, leading to the appellant filing a first appeal, which was also not adjudicated by the First Appellate Authority. The appellant subsequently submitted a second appeal to the CIC. The CIC noted that although sufficient information had been submitted, it had not been made available to the appellant until after a sizable delay. The CIC warned the PIO to make sure that such infractions don’t happen again, failing which the proper legal action would be taken. In an instance, an RTI request was submitted to the PIO at the Raj Bhawan Secretariat, but the responder insisted they never received the request. The CIC instructed the Under Secretary to provide the Commission with an explanation.
The CIC’s admonition to the PIOs in Jammu and Kashmir should serve as a reminder to all public authorities that they have major obligations under the RTI Act. PIOs are essential in ensuring that the public has access to the data kept by public agencies, and breaking the Act can have serious repercussions. There may be several explanations for why certain PIOs disregard the RTI Act. It’s possible that some PIOs are unaware of the Act’s provisions or of their responsibilities as a result. Others might be unable to react to RTI petitions because they lack the tools or skills. PIOs occasionally purposefully stall or withhold information out of concern for disclosing fraud or corruption within their department or organisation.
In other cases, bureaucratic inertia or reluctance to change may prevent PIOs from completely understanding the significance of accountability and openness. If its provisions are not followed, the RTI Act imposes fines. The applicant may complain to the appropriate Information Commission if a PIO fails to give the requested information within the stipulated time frame or provides inaccurate or incomplete information. The PIO could face sanctions from the Information Commission, such as a fine of up to Rs. 25,000 and a recommendation for disciplinary action. The PIO may be subject to disciplinary action and criminal prosecution in accordance with the applicable legislation if the non-compliance is determined to be intentional and malicious. It is crucial that PIOs take their responsibilities under the RTI Act seriously and make sure they abide by its rules in text and spirit. The RTI Act discourages corruption, aids in promoting transparency and accountability in governmental operations, lessens chances for corruption, and promotes citizen involvement in the anti-corruption movement. The Act is a vital tool for making sure that the government is answerable to the people and that public servants are held accountable for their deeds. Regular disregard for the RTI Act could reduce its efficacy and erode public trust in the government’s sincerity in fostering transparency and accountability. Citizens’ capacity to engage in decision-making and hold public officials responsible for their actions is hampered when they are unable to get information. Public employees may develop a sense of impunity and think they may act without consequence as a result of government officials’ refusal to share information, which can build an environment that encourages corrupt behaviour.
In order to address the problems raised by the Central Information Commission about the non-compliance of PIOs with the RTI Act, it is essential that the government of Jammu and Kashmir act swiftly. The essential tenets of accountability and transparency in government cannot be undermined by a lack of knowledge, resources, or concerns about corruption.In addition, failure to comply with the Act erodes public confidence in the government and threatens the foundational tenets of democracy. In order to address the problems raised by the Central Information Commission and make sure that PIOs abide by the Act’s requirements, the government of Jammu and Kashmir needs to act right away. By doing this, the government would show that it is committed to openness and accountability in governance, encourage citizen involvement in decision-making processes, and ultimately strengthen Jammu and Kashmir’s democracy. The government should also establish an impartial oversight body to check on RTI Act observance and look into allegations of non-compliance. The government must make sure that this right is respected and safeguarded.
Transparency and accountability are essential pillars of a healthy democracy. The Right to Information (RTI) Act of 2005 is one of the most important laws in India that ensures transparency and accountability in governance. The Act enables citizens to access information held by public authorities and empowers them to hold the government accountable for its actions. However, the recent warning issued by the Central Information Commission (CIC) to the Public Information Officers (PIOs) in Jammu and Kashmir for violating the timelines stipulated under the RTI Act highlights the lack of awareness, resources, and corruption fears that contribute to non-compliance with the Act. The CIC warning came after an RTI application filed before the Block Development Officer in Rajgarh was not responded to, leading to the appellant filing a first appeal, which was also not adjudicated by the First Appellate Authority. The appellant subsequently submitted a second appeal to the CIC. The CIC noted that although sufficient information had been submitted, it had not been made available to the appellant until after a sizable delay. The CIC warned the PIO to make sure that such infractions don’t happen again, failing which the proper legal action would be taken. In an instance, an RTI request was submitted to the PIO at the Raj Bhawan Secretariat, but the responder insisted they never received the request. The CIC instructed the Under Secretary to provide the Commission with an explanation.
The CIC’s admonition to the PIOs in Jammu and Kashmir should serve as a reminder to all public authorities that they have major obligations under the RTI Act. PIOs are essential in ensuring that the public has access to the data kept by public agencies, and breaking the Act can have serious repercussions. There may be several explanations for why certain PIOs disregard the RTI Act. It’s possible that some PIOs are unaware of the Act’s provisions or of their responsibilities as a result. Others might be unable to react to RTI petitions because they lack the tools or skills. PIOs occasionally purposefully stall or withhold information out of concern for disclosing fraud or corruption within their department or organisation.
In other cases, bureaucratic inertia or reluctance to change may prevent PIOs from completely understanding the significance of accountability and openness. If its provisions are not followed, the RTI Act imposes fines. The applicant may complain to the appropriate Information Commission if a PIO fails to give the requested information within the stipulated time frame or provides inaccurate or incomplete information. The PIO could face sanctions from the Information Commission, such as a fine of up to Rs. 25,000 and a recommendation for disciplinary action. The PIO may be subject to disciplinary action and criminal prosecution in accordance with the applicable legislation if the non-compliance is determined to be intentional and malicious. It is crucial that PIOs take their responsibilities under the RTI Act seriously and make sure they abide by its rules in text and spirit. The RTI Act discourages corruption, aids in promoting transparency and accountability in governmental operations, lessens chances for corruption, and promotes citizen involvement in the anti-corruption movement. The Act is a vital tool for making sure that the government is answerable to the people and that public servants are held accountable for their deeds. Regular disregard for the RTI Act could reduce its efficacy and erode public trust in the government’s sincerity in fostering transparency and accountability. Citizens’ capacity to engage in decision-making and hold public officials responsible for their actions is hampered when they are unable to get information. Public employees may develop a sense of impunity and think they may act without consequence as a result of government officials’ refusal to share information, which can build an environment that encourages corrupt behaviour.
In order to address the problems raised by the Central Information Commission about the non-compliance of PIOs with the RTI Act, it is essential that the government of Jammu and Kashmir act swiftly. The essential tenets of accountability and transparency in government cannot be undermined by a lack of knowledge, resources, or concerns about corruption.In addition, failure to comply with the Act erodes public confidence in the government and threatens the foundational tenets of democracy. In order to address the problems raised by the Central Information Commission and make sure that PIOs abide by the Act’s requirements, the government of Jammu and Kashmir needs to act right away. By doing this, the government would show that it is committed to openness and accountability in governance, encourage citizen involvement in decision-making processes, and ultimately strengthen Jammu and Kashmir’s democracy. The government should also establish an impartial oversight body to check on RTI Act observance and look into allegations of non-compliance. The government must make sure that this right is respected and safeguarded.
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