RTI activists seek to change payment terms to NH construction companies

Himachal Headline: Himachal: Saturday, 30 September 2023.
Seeking to address major public inconveniences on the incomplete National Highway and putting toll plazas on the unfinished NH or four lanes RTI activists devised a noble suggestion to NHAI and the Ministry of Roads Transport and Highway to amend PAMTC rules.
A memorandum has been submitted to Ramesh Chand Bhardwaj, an RTI and social activist to Vipin Kumar, Executive Engineer of, the Ministry of Road Transport and Highways, New Delhi, through Sub Divisional Officer Sarkaghat in this regard.
He said that changes in the payment terms major terms and conditions of the contract agreement of NHAI would rid prevailing the problems faced by the people due to the commissioning of the unfinished National Highway in mid of construction.
He alleged that the final 25 percent payment to both the road building and quality checking companies should be released after one and a half years of construction of the road and on a priority basis, bolting of rocks, drains, lifting of mud from the road, sprinkling of water should be a compulsory requirement for construction of roads.
It has been requested to include and change the rules like installing ramps up to the upper level, building rain shelters, and providing ambulances, etc. to the laborers at the work site, etc. in the contract agreement.
According to the memorandum as per the contract agreement, the MORTH has entrusted LN Malviya Infra Projects Private Limited with the responsibility of checking the quality of road works like bridges, etc., and ensuring safety parameters.
He has also demanded the filling of vacant posts of Project Director, PIU Hamirpur, Personal Assistant, Stenographer, Revenue Surveyor, and two Public Relations Officers through the same memorandum.
He said that complaints and RTI remained pending before NHAI due to a shortage of functional staff.
The state suffered massive losses due to shortage and poor construction by the firms across the state however people were asked to pay toll plazas in mid of the unfinished National Highway project in the state.

Surat Grapples With Rising Crime Against Women And Girls, Courtesy Liquor

Blunt Times: Surat: Saturday, 30 September 2023.
With 556 rape incidents and 293 eve-teasing complaints recorded, RTI data from 13 police station regions offers a bleak picture. There were also a shocking 3,845 thefts recorded during this time, in addition to the 404 homicides. Women and girls in particular are feeling frightened in their own town as a result of these statistics, which is generating widespread anguish among city inhabitants.
Surat, the economic hub of Gujarat and the fastest-growing city in the world, is struggling with an alarming increase in crime, especially violence against women and girls. Reason: Growing menace of IMFL and country liquor in Surat city and district and the police acting as the facilitators for the bootleggers to ensure the free flow of liquor.
Darshan Naik, a social activist used his RTI rights to get crime statistics from 36 police stations for the years 2015 through 2023. According to the results, the state of security in Surat is quite worrying.
Interestingly, Naik wanted information on crimes committed in all 36 of Surat’s police stations. While 13 stations replied to the RTI inquiry, the other 23 have not yet done so.
With 556 rape incidents and 293 eve-teasing complaints recorded, RTI data from 13 police station regions offers a bleak picture. There were also a shocking 3,845 thefts recorded during this time, in addition to the 404 homicides. Women and girls in particular are feeling frightened in their own town as a result of these statistics, which is generating widespread anguish among city inhabitants.
Several government buildings and the police commissioner’s office are located near the Athwalines police station, which has recorded 29 homicides, 41 rapes, 431 thefts, and 57 eve-teasing crimes. There have been 194 homicides, 100 eve-teasing incidents, 228 rapes, and 1,240 thefts reported in areas like Pandesara and Limbayat, which are heavily inhabited by migrants from other states.
Concerned social activist Darshan Naik has sent emails to Gujarat Chief Minister Bhupendra Patel and Gujarat Home Minister presenting his findings. Naik has sent letters pleading for the restoration of law and order in Surat, calling for the recruitment of unbiased and impartial police personnel, and a crackdown on the scourge of the illicit spirits trade.
According to “The Prohibition Act 1949” of Gujarat, which Naik mentions, it is against the law for any person to buy, possess, or drink alcohol. In 2017, the legislation was toughened even more, increasing the maximum sentence for offenders to 10 years. But Naik claims that the Surat police have done little to stop the flow of illegal alcohol and other goods, creating a fertile foundation for corruption among certain officials.
The city of Surat has been experiencing escalating crime rates, and the Director General of Police (DGP) has voiced his worry about the apparent lack of response from the city’s 36 police stations.
Naik said, “The information under RTI involves only 13 police stations out of the total 36 in Surat.” This is according to social activist Darshan Naik. There has been an increase in rape and eve-teasing, and the law and order situation in Surat has worsened, putting the lives of girls and women in danger.
He added, “The police have failed to adequately apply prohibition laws, hence crime rates remain high in Surat. Instead, law enforcement officials have been accused of facilitating and protecting bootleggers across the metropolitan area.

‘RBI paid over ₹1,300 crore to procure over 370 crore pieces of ₹2,000 notes’: BY SHISHIR SINHA

Hindu Business Line: Delhi: Saturday, 30 September 2023.

With the deadline for deposit/exchange of ₹2000 paper notes approaching this Saturday, over 370 crore pieces of currency notes with a total supply price of over ₹1300 crore will become part of history. In May this year, the Reserve Bank of India (RBI)withdrew these notes from circulation.
Post demonetisation in 2016, ₹2000 notes came into existence with the first and the biggest lot of supply of over 350 crore pieces. However, indent and supply both came down in successive years. The last lot of printing was done in 2018-19 after which it was stopped. That is why the annual reports of the Reserve Bank of India for years starting 2019-20 till 2022-23 showed ZERO under indent for these notes placed with supplied by securities printing presses. The total number of pieces supplied during three years (2016-17, 2017-18 and 2018-19) was over 370 crore pieces with a total value of over ₹7.40 lakh crore.

Information obtained through the Right to Information Act (RTI) by businessline from Bharatiya Reserve Bank Note Mudran Private Limited (BRBNMPL) showed that the selling price (at which note is being supplied to RBI) for thousand pieces of ₹2000 denomination notes was ₹3540 in 2016-17, which rose to ₹4180 in 2017-18 but came down to ₹3530 in 2018-19.
According to the RBI, ₹2000 denomination banknote was introduced primarily to meet the currency requirement of the economy in an expeditious manner after the withdrawal of legal tender status of all ₹500 and ₹1000 banknotes in circulation at that time. The objective of introducing ₹2000 banknotes was met once banknotes in other denominations became available in adequate quantities.
It also mentioned that about 89 per cent of the ₹2000 denomination banknotes were issued prior to March 2017 and are at the end of their estimated life-span of 4-5 years. The total value of these banknotes in circulation has declined from ₹6.73 lakh crore at its peak of March 31, 2018 (37.3 per cent of Notes in Circulation) to ₹3.62 lakh crore constituting only 10.8 per cent of Notes in Circulation on March 31, 2023. It has also been observed that this denomination is not commonly used for transactions. Further, the stock of banknotes in other denominations continues to be adequate to meet the currency requirement of the public. ”In view of the above, and in pursuance of the “Clean Note Policy” of the Reserve Bank of India, it has been decided to withdraw the ₹2000 denomination banknotes from circulation,” RBI said while adding that the banknotes in ₹2000 denomination will continue to be legal tender.
Opinion | Withdrawal of ₹2,000 note, a prudent step
People were given a choice to exchange or deposit ₹2000 notes till September 30. The central bank also advised banks to stop issuing ₹2000 denomination banknotes with immediate effect.
As on August 31, according to the data received by RBI from the banks, the total value of ₹2000 banknotes received back from circulation is ₹3.32 lakh crore. ₹2000 banknotes in circulation as at the close of business on August 31, 2023, stood at ₹0.24 lakh crore. Thus, 93 per cent of the ₹2000 banknotes in circulation as on May 19, 2023, have since been returned, RBI said. Further, data collected from major banks indicates that out of the total banknotes in ₹2000 denomination received back from circulation, about 87 per cent is in the form of deposits and the remaining around 13 per cent has been exchanged into other denomination banknotes.

State information power-drive receives Constitutional mandate

Morung Express: Kohima: Saturday, 30 September 2023.
WITH NAGALAND Governor Shyamal Datta administering oath of office to heads of the State Information Commission, a series of awareness campaigns are expected to be seen soon on the Right to Information Act (RTI) at the district and state level.
Governor Shyamal Datta today administered the oath to State Chief Information Commissioner P Talitemjen Ao at the swearing- in ceremony held at the Durbal Hall of the Raj Bhavan, Kohima.
Rev Dr W Pongsing Konyak and Dr. Kuhoi K. Zhimomi were also administered oath of office by Governor as State Information Commissioners.
It may be recalled that the Governor of Nagaland, on recommendation of the Appointment Committee constituted in terms of Section 15 (3) of the Right to Information Act, appointed the trio to the office of State Information Commission. The Appointment Committee consisted of Chief Minister Neiphiu Rio, Leader of Opposition I Imkong and Roads and Bridges Minister Tokheho Yepthomi.
Talitemjen, Retd Chief Secretary stated that a series of awareness campaign will be conducted at the district level and state level. He also stated that more training are needed for all the Public Information Officers (PIOs) where the state government has constituted the same in almost all the departments.
With his appointment, Talitemjen has become the first state Chief Information Commissioner of Nagaland. Chief Minister Neiphiu Rio, council of ministers, opposition leader I. Imkong and several high ranking government official and top army officials were present at the function.
The Right to Information Act, giving legal rights to people to seek information from the government and to curb corruption, came into force in Nagaland on October 12 last along with the rest of the country.
Source said the new law is meant to curb corruption and inefficiency in the government at various levels as it brings within its ambit central and state administrations, panchayats, local bodies and non-governmental organizations getting public funds.
Under this Act, the authorities are required to respond to queries in as little as 48 hours, if it is a matter of life and liberty.
The law promises prompt accountability and transparency to climb up several notches, especially as it provides for hefty fines and disciplinary action against erring officials.
The RTI has a provision of penalty to ensure that government officials and all public authorities provide high priority to requests for information from citizens.
Deterrent penalties have been prescribed for failure to provide information in time or for refusing to accept application for information of for giving incorrect, incomplete or misleading information or destroying information and the like, source said.

Guidelines for management of APIC

Arunachal Times: Itanagar: Saturday, 30 September 2023.
Chief Information Commissioner Rinchen Dorjee released a newly published ‘Guidelines for management of Arunachal Pradesh Information Commission (APIC)’ on Friday.
In his address, Dorjee said that “this is a small but successful attempt of the APIC to bring out the guidelines for easy office procedure of all RTI matters in the APIC office.”
“All stakeholders, including the commission, will benefit from it, and the commission will strive hard to ensure smooth management of the APIC office procedures,” Dorjee said.
Information Commissioners Genom Tekseng, Sonam Yudron and Gumjum Haider also spoke.
“The newly published guidelines are an attempt of the APIC to ease the working patterns of the commission, as envisaged under Section 15 (4) of the RTI Act, 2005. A few similar publications were done in the past by this commission, but it was found to be inconclusive,” said an APIC release. (DIPR)

No official announcement about cancer hospital in Sidhu Moosewala’s name, Punjab govt reveals under RTI

Indian Express: Chandigarh: Saturday, 30 September 2023.
There has been no official announcement about setting up a cancer hospital in the name of slain Punjabi singer Shubhdeep Singh Sidhu, popularly known as Sidhu Moosewala, in his home district Mansa, the Aam Aadmi Party (AAP)-led Punjab government has revealed under the Right to Information (RTI) Act.
Moosewala was shot dead on May 29 last year, a day after the Punjab government reduced his security cover. After Chief Minister Bhagwant Mann visited Moosewala’s residence on June 3 to pay condolences amid protests against the government AAP MLA Gurpreet Singh Banawali told the media that a cancer hospital would be set up in the singer’s memory.
Later, the Sardulgarh MLA said that Moosewala’s family demanded a cancer hospital, a museum/auditorium, and a sports stadium named after him, and that the CM had accepted all three demands. Banawali’s statement was widely reported.
“Sidhu Moosewala repeatedly raised concerns about the cancer problem in Mansa and surrounding areas during his campaign in the 2022 Assembly elections. So it was an emotional matter for his fans when it was reported that a cancer hospital would come up in his name,” said RTI activist and lawyer Amritpal Singh. “As time passed, I was surprised that the government took no step to honour the Punjab CM’s promise, which was reported in the media. So, I decided to file an RTI to check if any work was internally underway with regard to constructing the cancer hospital, museum, and sports stadium in Sidhu Moosewala’s name. I was taken aback when the government did not reply to my inquiries. I had to make appeals, after which the government has given in writing that there has been no announcement in the media by the Chief Minister’s Office regarding these demands. I have media reports as per which such a statement was made,” he said.
Placing a request under RTI, Amritpal Singh had sought to know about any order/gazette/ memo/letter/staffing order, or any document wherein it mentions the cancer hospital, museum, or stadium in the name of slain singer-artist Sidhu Moosewala alias Shubhdeep Singh as announced by CM Bhagwant Mann. He also sought a certified copy of the funds allotted/grants for the construction.
Talking to The Indian Express, Banawali, who had accompanied Mann to Moosewala’s house on the aforementioned day, said, “The Punjab CM had come to pay condolences to the family when the family made these demands about a cancer hospital, stadium, and auditorium. CM Bhagwant Mann said it would be done. As the chief minister is also from the same industry, he wanted a good auditorium in the name of Sidhu Moosewala. I will take efforts to make this happen as Moosewala was a star from my constituency, and it is my duty to represent his family as an MLA.”
An AAP leader from Mansa said, “We also made efforts to create a chowk on the Mansa-Sirsa road in Moosewala’s name, but a deadlock between the family and the government affected all the projects.”

Post the SC Order on Information Commissioners To Pro-actively Ensure Sec 4 Disclosures Second Appeal Orders Significantly Put Onus on PIOs: Vinita Deshmukh

Moneylife: Pune: Saturday, 30 September 2023.
Until recently, the trend of information commissioners to protect public information officers (PIOs) sympathising their workload on right to information (RTI) replies, has been largely replaced by directing them to abide by proactive disclosures under section 4 of the RTI Act and also urging them to provide such info in the FAQ format on their respective public authority’s website.
In a recent order on 25th September, CIC Saroj Punhani, while reprimanding the RTI application for seeking clarification and not information in his RTI application, she has directed the central public information officer (CPIO) of the chief income tax commissioner’s office of Delhi to introduce/ update information on the website in order for citizens to get it at the click of the mouse.
Ms Punhani in her order directed to the CPIO, that, “…it will be in the best interest of Respondent Public Authority to explore the viability of introducing/updating a FAQs Section on their website wherein the most commonly sought issues/clarifications and/or respective orders/circulars pertaining to the subject matter issues can be easily identified and relevant information in that regard can be placed in the public domain in keeping with the letter and spirit of suo motu disclosures prescribed under Section 4 of the RTI Act.”
She further stated that many RTI applications would not be invoked under section 6 of the RTI Act if such transparency is maintained and updated from time to time. Besides it would save precious man-hours of the CPIOs. She observed that “This will also relieve the public authority from the burden of RTI applications which are filed for merely seeking clarifications and not any specific record.”
RTI applicant Jisha Raj sought information from Delhi’s chief income tax commission’s office, about whether the CPIO can share information on the current criteria for getting a tax exemption on home loan interest under Section 24; whether there are extra conditions for tax exemption if a residential property is jointly owned and; if a person and their spouse jointly own a house, can the taxpayer claim a maximum exemption of Rs2 lakh under section 24(b), even if the spouse isn't in the taxable slab or not claiming the exemption separately in the income tax return.
The following were the exact wordings of the RTI application dated 23 February 2023:
(a) Requests, kindly provide me the copy of detailed and latest criteria to avail income tax exemption under Section 24 for interest on Borrowed Capital for Construction of Residential Purpose Building.
(b) Is there any additional criterial in the case of Joint Ownership of Property in which the residential building is built for availing tax exemption?
(c) Can a taxpayer apply for exemption under section 24(b) for the maximum of Rs.2 lakh even if the residential building is in a joint ownership with his/her spouse and spouse is not in the taxable slab/not separately claiming said exemption in ITR?”
The CPIO replied to him stating that his information which comes under section 22-27, section 80EE and 80EEA of the Income Tax Act, 1961 “is readily available in the public domain. You may also see the details of the relevant section on the departmental website www.incometaxindia.gov.in.”
Dissatisfied with the reply, he filed a first appeal on 13 March 2023 but the latter upheld the CPIO’s reply. Hence, he filed a second appeal which came up for hearing last week.
Reprimanding the RTI applicant for seeking clarifications instead of information:
CIC Punhani agreed with the CPIO’s reply and stated that “the Commission does not find any scope of action in the matter with respect to the information sought for as well as the reply of the CPIO’s provided thereon; as the queries raised by the Appellant are more in the nature of seeking clarifications to be drawn by the CPIO which concededly do not conform to Section 2(f) of RTI Act.”
Ms Punhani stated that seeking clarification in an RTI application is unwarranted. It implies “outstretching the interpretation of section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/ inference to avoid being subject to penal provisions under the RTI Act.”
Ms Punhani brought to the notice of the SC judgment CBSE vs Aditya Bandopadhyay and others that: “A public authority is also not required to furnish information which requires drawing of inferences and/or making of assumptions. It is also not required to provide ‘advice' or ‘opinion' to an applicant, nor required to obtain and furnish any ‘opinion' or ‘advice' to an applicant. The reference to `opinion' or ‘advice' in the definition of ‘information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provided advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.” (Emphasis Supplied).”
Similarly, in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Supreme Court held as under:
Pointing to the section 6 of the RTI Act, Ms Punhani observed that “Under section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him….” (Emphasis Supplied)
CIC Punhani further reiterated, picking up the Bombay High Court order of Dr Celsa Pinto, ex-officio joint secretary (school education) vs the Goa State information commission where the court observed that “[2008 (110) Bom L R 1238], the Hon’ble Bombay High Court held as under: Section 2(f) -Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
“The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information.” (Emphasis Supplied)
(Vinita Deshmukh is consulting editor of Moneylife. She is also the convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005 and the Chameli Devi Jain Award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)

No data on unclaimed deposits on UDGAM portal available with RBI, shows RTI: JINIT PARMAR

Moneycontrol: Pune: Friday, 29 September 2023.
The RBI introduced the Unclaimed Deposits Gateway to Access inforMation (UDGAM) portal on August 17, with facilities for unclaimed deposits available for seven banks
The central bank in the RTI responded to the query on September 26, saying: “The information sought is not available with us,”

The Reserve Bank of India (RBI) does not have data on unclaimed deposits on the Unclaimed Deposits Gateway to Access inforMation (UDGAM) portal, a right to information (RTI) report filed with the central bank showed.
The central bank introduced the UDGAM portal on August 17 with facilities to claim unclaimed deposits from seven banks.
The RTI report asked for details of the total amount claimed by unclaimed depositors from the RBI’s UDGAM portal from the period of commencement, i.e. August 17, till date.
The portal
On April 6, the RBI, in its monetary policy, announced the development of a centralised web portal to search for unclaimed deposits. In the post policy press conference that month, RBI Deputy Governor M Rajeshwar Rao said the portal to reclaim unclaimed deposits would be ready in 3-4 months.
Accordingly, the central bank launched the UDGAM portal for the public to search unclaimed deposits across multiple banks at one place.
The launch of the web portal would aid users in identifying their unclaimed deposits and/or accounts and enable them to either claim the deposit amount or make their deposit accounts operative at their respective banks, the RBI said in a press release on August 17.
Reserve Bank Information Technology Pvt Ltd (ReBIT), Indian Financial Technology & Allied Services (IFTAS) and participating banks collaborated to develop the portal.
Users should be able to access details about their unclaimed deposits with seven banks that are on the portal. The banks are: State Bank of India (SBI), Punjab National Bank, Central Bank of India, Dhanlaxmi Bank Ltd, South Indian Bank Ltd, DBS Bank India Ltd, and Citibank NA.
The search facility for other banks on the portal will be made available in a phased manner, by October 15.
Total unclaimed deposits
Minister of State (MoS) for Finance Bhagwat Karad, in a written reply to Parliament on April 4, said that the total amount of unclaimed deposits transferred to the RBI by public sector banks (PSBs) fell to Rs 35,012 crore in February from Rs 48,262 crore in March 2022.
The fall in the amount simply means that customers have reclaimed their deposits from banks.
Of the Rs 35,012 crore in unclaimed deposits held by banks, India’s largest public sector bank, SBI, has the largest share of Rs 8,086 crore, followed by Punjab National Bank with Rs 5,340 crore, Canara Bank with Rs 4,558 crore and Bank of Baroda with Rs 3,904 crore.

Watchfulness of aware citizens strengthens democracy: Minister Sharma

Khabarhub: Nepal: Friday, 29 September 2023.

Minister for Communications and Information Technology,
Rekha Sharma

Minister for Communications and Information Technology, Rekha Sharma has said democracy would become stronger only with the active and aware citizens playing the watchdog role.
Addressing a seminar organized by the National Information Commission (NIC) here today marking the International Day for Universal Access to Information here today, she said people would be active and aware the more information they get on matters of public concern.
“Democracy is consolidated only through the active and aware citizens’ watch. This helps in enhancing access of people on all topics of public concern,” the Communications and Information Technology Minister reiterated.
She stressed the need to promote the usage of the Right to Information (RTI) to the people’s level as it is a means by which people are made aware and democracy is strengthened.
Stating that RTI has been enshrined in the constitution as a fundamental right and there is also an Act related to it for its implementation, Minister Sharma said the main objective of the Act is making the people power stronger.
“On the one hand collection, storing and dissemination of information has become easier with growing online space while challenges in information and data security have increased due to the misuse of unauthorized access to the information technology system on the other,” she said.
She added that the government has issued the National Cyber Security Policy, 2080BS to address this problem.

‘NMC refused to share details of colleges that took back medical students’ stipends’

New Indian Express: New Delhi: Friday, 29 September 2023.
The National Medical Commission (NMC) has refused to share the details of private medical colleges that paid stipends to medical students and then took it back, in reply to a Right to Information (RTI) application.
Kerala-based ophthalmologist and activist Dr KV Babu, who filed the RTI application, said, “I had asked for names and lists of private medical colleges in India, which gave stipends to medical students, which was later taken back by the management. I got the RTI reply on Wednesday. The NMC declined the information, saying that third-party information cannot be given under Section 8 of RTI Act, 2005.”
The NMC surveyed undergraduates and postgraduate medical students in India as directed by the National Human Rights Commission (NHRC) in the last week of April and the first week of May.
The NHRC took up the matter following a Kerala student’s complaint that the stipend given to MBBS interns is inadequate and in violation of government order.
The NMC had informed the NHRC that they would submit a detailed survey report later.
In its advisory on payment of stipends to PG medical students on August 24, NMC said data on 7,901 PG students from 213 self-financed or private medical colleges spread across 19 states showed that 16 per cent of PG students have to return the stipend money to college management.
However, it did not name the private medical colleges.
In his RTI application dated August 28, Dr Babu asked the NMC to name the private medical colleges that paid stipends to 1,228 students, but the management took it back.
“It is clear from the public notice dated August 24 regarding the survey among PG doctors that almost 8,000 PG doctors are not paid stipulated stipends. Of the total numbers, 1,228 PG doctors were paid stipends, but the management took it back,” he told this paper.
“The managements of those private medical colleges are cheating the NMC, students and the public. Instead of disclosing their names on the website, the NMC is stonewalling RTI applications. It is clear that the NMC is trying to protect the private medical college managements,” he said.
Babu said he had also asked for the copies of the notice issued by the NMC to the colleges that violated the regulations.
“I had also asked for the status of the recognition of PG courses of those courses of the colleges. They should have at least shared the copies of the notice and action taken,” he said.
As per Regulation 13 of Post Graduate Medical Education Regulation, 2000, “The PG  students of the institutions located in various states/UTs shall be paid remuneration at par with the remuneration being paid to the PG students of state government medical institutions/Central government medical institutions, in the state/UT in which the institution is located.
ERRATIC PAYMENTS

• The NMC survey showed that of the over 7,000 PG students, over 2,000 were not receiving stipends, while 4,288 said that the compensation being paid is not equal to the stipend being paid in government medical colleges
• The stipend for PG students varies from one state medical hospital to another. It ranges from Rs 45,000-Rs 95,000
• Private medical hospitals give PG students even less than Rs 25,000. Some even produce them in instalments

Karnataka has paid over ₹122 crore to 41 lawyers since 1990 to argue river water disputes with other states

Bar and Bench: Karnataka: Friday, 29 September 2023.
The information was revealed by the State’s Water Resources Department in response to the details sought by activist Bhimappa Gundappa Gadad under the Right To Information Act (RTI Act).

Fees paid to Lawyers

Anil Divan was paid ₹29.78 crore, Fali Nariman received ₹27.45 crore, Mohan Katarki was paid ₹13.39 crore, SS Javali got ₹12.61 crore and Shyam Divan was paid ₹4.63 crore.
The Karnataka government has paid Senior Advocates Anil Divan, Fali S Nariman, SS Jawali, Shyam Divan and Mohan Katarki more than ₹87 crore in appearance fees over the last three decades to argue cases related to river water sharing disputes with other states.
In total, the State government has paid more than ₹122 crore in fees to the lawyers since 1990 for representing it before the Supreme Court and tribunals in disputes regarding the distribution of Cauvery, Krishna and Mahadayi river water.
The documents reveal that a total of ₹122,75,95,882 was paid as fees to 41 lawyers for arguments before the Supreme Court and tribunals.
While the late Senior Advocate Anil Divan was paid ₹29.78 crore, Fali Nariman received ₹27.45 crore, Mohan Katarki was paid ₹13.39 crore, SS Javali got ₹12.61 crore and Shyam Divan was paid ₹4.63 crore.
Among the former Advocates General who represented the State in these matters, Ravivarma Kumar was paid ₹64.7 lakh, S Vijay Shankar received ₹13 lakh, Ashok Haranahalli was paid ₹2.1 lakh and BT Parthasarathy received ₹1.5 lakh.
Madhusudan R Naik and Prabhuling K Navadgi, who also served as AGs, were paid ₹1,57,58,000 and ₹23,54,215 respectively.
Supreme Court Advocate Brijesh Kalappa was paid ₹6,51,35,544 and Senior Advocate Uday Holla was paid ₹1,56,60,000.
The Central government constituted the Cauvery Water Disputes Tribunal (CWDT) on June 2, 1990, for adjudication of disputes between Tamil Nadu, Karnataka, Kerala and Puducherry.  The data reveals that from June 2, 1990 to July 10, 2017, an amount of ₹54.13 crore was paid as lawyers' fees in the Cauvery matter before the tribunal. A total of 580 sittings have been held.
Similarly, the Krishna Water Disputes Tribunal (KWDT) was set up in 2004 to adjudicate disputes between Maharashtra, Karnataka and the erstwhile Andhra Pradesh. From then till November 29, 2013, 295 hearings were held and ₹43.24 crore was paid to lawyers, according to information revealed under the RTI Act.
The Mahadayi Water Disputes Tribunal was constituted in 2010 for resolution of disputes between Goa, Karnataka and Maharashtra. Till December 1, 2017, 97 hearings were held and ₹25.38 crore was paid to lawyers.

The Plight of Data Act and RTI: By Prof. M. Sridhar Acharyulu

Primepost: Hyderabad: Friday, 29 September 2023.
Where officers are ‘empowered,’ not the people!
(Prof. M Sridhar Acharyulu is the Former Central Information Commissioner of India)
It is now the Digital Personal Data Protection Act, 2023, DPDP law, also called the Data Act, will severely affect the Right to Information Act (RTI), 2005. The Bill was passed by Parliament on August 9, 2023 and the President consented on August 12, 2023. The most important Bill was passed by both Houses of the Parliament without just discussion in a couple of days.
The Data Act looks like a conflict between two fundamental rights, that is, the right to information, part of Article 19 (1) and Article 21 of the Constitution of India, protection of life and personal liberty.
The amendment to the Right to Information, through the DPDP law, was criticised by some as “neither the right to privacy nor the right to information”.
Most Empowering RTI
The RTI Act is acclaimed as the most empowering legislation for democracy. Ever since it has come into effect, it has been of great help to every segment of society to obtain relevant information capable of protecting general Constitutional rights.
Unfortunately, the proposed Data Protection Act will have a damaging impact, through this amendment to the RTI Act. It says that all information that can be related to a person may be denied. In effect, it allows the Right to Information Act to become a Right to Deny for public information officers.
It has built-in adequate safeguards through Section 8 (1) (j) while fighting against harassing bureaucracy or protecting helpful officers. For a small fee of Rs 10, one could secure individual privacy with important exemptions with exceptional impact.
Former Central Information Commissioner Shailesh Gandhi, (along with this writer being former CIC shared the shared signatory) explained:  The first attempt to weaken the law by the government in less than a year in 2006 was by trying to amend it by broadening the scope of the exemptions. Since there was a strong protest by citizens across the country, the attempt was aborted. Some more attempts were made to amend the law but were also given up. The present government amended the provisions relating to the status and tenure of the Information Commissions but did not touch the exemptions. Despite a very well-defined process and provisions of the law, bureaucrats have found various ways to frustrate the citizen’s right.
Shailesh Gandhi agreed that this is done by not following the provisions of the law strictly. This is aided by the adjudicators turning a blind eye, since most of them are not able to internalise this transfer of power to citizens.
On the other hand, the new law changed the text and context of RTI by reinterpreting the provisions of Section 8 (1). The provisions stated that “information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person”. Earlier, it only applicable to Section 8 (1)(j) and now it will affect the whole of Section 8(1) removing almost.
When the RTI Act was enacted, it had ten critical exemptions under Section 8 (1) and the law served democracy primarily for good governance. But the most commonly the machinery of Government has misused exemption is Section 8(1)(j), which accounts for 35% of refusals.
Section 8 (1) (j) exempts
“…information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information, which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.”As per the law, personal information may be exempt if:
a) It is not related to a public activity or interest, or
b) Would cause unwarranted invasion of the privacy of an individual.
To help an officer, Information Commissioner or judge to arrive at the right decision the special proviso was provided as an acid test. Whoever claims that a disclosure was exempt under Section 8 (1)(j) should make a statement that she would not give this information to parliament.
Many refusals of information did not adhere to the law but refuse information with a bland statement that since it is personal information, it will not be given. It has been widely used to cover up arbitrary, corrupt or illegal acts by government officials.
There is almost no instance where the release of information under RTI has caused any significant loss to any national or personal interest that deserves to be protected. Parliament should have understood the need to safeguard offices and protect the RTI Act against indirect attempts to destroy it through the DPDP Act. Nothing is left to Parliament, democracy and the rule of law. Absolute power resides in the President through the Prime Minister.
The RTI Act, 2005 came into being after fighting for a couple of decades over access. Only a close reading of the 2005 Act and the Data Act can clarify the myths surrounding them. Both Acts have a significant effect, separately and together.
The objective of Data Act as on title is: An Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and matters connected therewith or incidental thereto.
It does not refer to the Right to Information Act; indirectly, it said, “the right of individuals…connected therewith or incidental thereto”. The Bill of 2019, which made into Act,
“the Statement of Objects and Reasons in the Bill in 2019, before it was amended in the 2023 form, said:

1. In the matter of Justice KS Puttaswami and another vs Union of India [WP 494 of 2012], a nine Judge Constitutional Bench of the Supreme Court, while delivering its judgment on August 24, 2017, declared “privacy” as a fundamental right under Article 21 of the Constitution. Subsequently, on September 26, 2018, a five Judge Constitutional Bench of the Supreme Court while delivering its final judgment in the above case impressed upon the Government to bring out a robust data protection regime.
   
2. The proposed Legislation seeks to bring a robust data protection framework for India and to set up an Authority for protecting personal data and empowering the citizens with rights relating to their personal data ensuring their fundamental right to “privacy and protection of personal data”
   

They directly deal with “privacy and protection of personal data”.
Not Just Section 44
No one should mistake that the Data Act 2023 amended just one provision Section 44 of the RTI Act and that Parliament retained the rest of the RTI. Each provision of the Data Act will have a serious impact on RTI as well.
Unfortunately, the amendment of Section 8 (1) (j) at Section 44 (3) of the Digital Personal Data Protection Bill 113 of 2023 (DPDP) leads to a serious fear that it will convert RTI into a Right to denial of information. The authorities will refuse to part with useful information under the cover of corruption.
The Data Act and RTI Act, as the last provision in Section 44 of the Data Act, says
(3) In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j), the following clause shall be substituted, namely: —, …and (j) the information which relates to personal information
This Section (1) (j) under the above through Data Act, does not say whether it applies to the complete RTI Act, 2005.
Interestingly, the government used Section 44 of the Data Act, of 2023, through
“(1) In section 14 of the Telecom Regulatory Authority of India Act, 1997, in clause (c), for sub-clauses (i) and (ii), the following sub-clauses shall be substituted, …:..” which diluted, means, will remove the oxygen pump, from the patient of Right to Information Act 2005, “last nail in the coffin” through the “…shall be substituted, namely:—
“(j) information which relates to personal information;” S(1)(j).
Dangerous Definition of a ‘Person’
The Data Act, 2023, which was recently passed by Parliament, directly gives a dangerous definition of a ‘person’ in Act Section 2(s), (t) “personal data” and (u) “personal data breach” in read with exemption amended RTI.
The meaning of the word “data” [2(h)] under the Data Act will also restrict the wide power of the changed RTI.
(h) “data” means a representation of information, facts, concepts, opinions, or instructions in a manner suitable for communication, interpretation, or processing by human beings or by automated means;
Hence, the following words, as defined, are very significant provisions from the point of view of RTI.
(i) “data fiduciary”,
(j) “data principal”,
(k) “data processor,
(n) “digital personal data”
Over and above, the (v) “prescribed” means prescribed by rules made under this Act. The entire power is now concentrated with the Union Ministry of Information.
Any critic suffers the impact of increasing power through the ‘application’ of Section 3 of the Data Act in the processing of ‘digital personal data’. Lucky for us, Act Section 3(c) will not apply.
The illustration said: “X, an individual, while blogging her views, has publicly made available her personal data on social media. In such case, the provisions of this Act shall not apply”.
Section 6 of the Data Act provided the consent, supported with illustrations to explain, it says “..and be limited to such personal data as is necessary for such specified purpose”.
Instead of people, officers are empowering
Every provision, with RTI reference, is empowered by the Data Act, especially with Section 6. In Section 9 about the processing of personal data of children, the power goes on centralisation in “…as the case may be, in such manner as may be prescribed”.
We do not know whether Parliament realised the whole power of the Data Act? Every provision of the law said, “…as the notification may specify.” The expression ‘may’ should be understood as giving complete power to the officers of the union minister and the Prime Minister. Where over ‘may be prescribed’ is the dangerous power, ‘may’ indeed gives the power to the officer concerned.
The section called ‘special provisions’ gives the power in Section 16 of the Data Act. Not only here, but Section 17 enhances scope through exemption:“…(1) The provisions of Chapter II, except sub-sections (1) and (5) of section 8, and those of Chapter III and section 16 shall not apply where —…” Most specifically “(c) personal data is processed in the interest of prevention, detection, investigation or prosecution of any offence or contravention of any law for the time being in force in India” leaves it to officers to decide.
Several state governments and the central government, including personal information, are needed to empower people to undertake collective monitoring and ensure access to their rights and entitlements, besides various welfare schemes.
The government made many provisions to insulate itself from most of the data protection, citing protection of national security, managing foreign relations, maintaining public order and even preventing crimes. This makes the states less transparent and accountable, affecting the liberty of the people.
Under the Data Act, violation of the provision could invite a high penalty for a data breach of
up to Rs 250 crore. It requires compliance for the collection and processing of personal data to prevent a breach.
This means whole power resides in Section 40, in addition to many provisions specifically and gets general authority through ‘power to make rules’, “(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—” through every (a) to literally to (z) of Section 40 of the Data Act.
The point to be noted is that the Centre assumed more powers over and above the state governments, in violation of federal principles.
Myth of Good Faith
Section 35 gives more power ‘in good faith’ provision. Now who defines ‘good faith’ and ‘bad faith’? Though it is available in almost all enactments, its impact explains its power.
(This is the International Day for Access to Information, 28th September)

Telangana’s online RTI portal| Access to public information; an uphill battle

New Indian Express: Hyderabad: Friday, 29 September 2023.
Take a look at the challenges faced by RTI activists in accessing information through the RTI Act of 2005.
September 28 is celebrated as the International Day for Universal Access to Information. It is the right of the citizens, extended through their right to freedom of expression, to be able to seek, receive and impart information. Informed citizens can make informed decisions and hold their governments accountable for their decisions and actions. In India, citizens can exercise their right to information through the Right to Information Act of 2005.
The constitution of India does not explicitly refer to the right to information as a fundamental right but Article 19(1)(a) guarantees us the right to freedom of speech and expression, which recognises that the freedom of information is part of the freedom of expression guaranteed by the constitution.
At inception, the RTI Act was seen as a ray of hope to question the government on various issues in the interest of greater benefit to society. However, there are several challenges in exercising this right, for both citizens and activists. The spirit of the act is undermined when the citizens are not given the information asked for with precision and honesty.
Moreover, the fear of harassment, assault and physical violence also prevents citizens from accessing their right to information. A number of incidents of activists being killed or harassed have been reported across the country; the last one in Telangana was in June 2023, when a 70-year-old activist was strangled and dumped in a quarry in the Champak Hills near Jangaon.
“No matter how many RTIs are filed, the response of Public Information Officers (PIOs) is seldom received or is evasive in nature. With the delay in the appointment of the Telangana State Information Commissioner (or if appointed, they would be from the political leanings of the current regime), the act has turned futile in TS. I have filed hundreds of RTIs and I have seen that the PIOs always site confidentiality, while they are obligated to keep the information in the public domain by virtue of the law,” said RTI activist and president of Forum Against Corruption, Vijay Gopal.
He added that the RTI is an excellent tool for citizens to access information and to bring transparency in governance. “To make it better, the RTI act must have the mandatory appointment of the commissioner with no more than one-week vacancy,” he said. He suggests that the commissioner be appointed by the High Court as he does not see any hope from those appointed by the government.
“One great leap forward for TS is the launch of an online portal dedicated to receiving applications using the Right to Information Act. Though delayed by 18 years, it is a welcome move and can enhance transparency and accountability in administration, as underscored by Section 6(1) of the RTI Act, 2005, and Telangana Right to Information Rules, 2005,” said Madabhushi Sridhar Acharyulu, former Central Information Commissioner.
The portal, however, is not active as the training of the personnel concerned is underway. “The problem is that the government’s authorities are not readily available to common citizens. There is a continuous delay in giving information about public works, shortfalls, leaks in welfare schemes, etc. The government machinery is not interested in providing the information, and authorities send the applications to the next appellate (through second appeal) who are the higher officers in the same department. Routinely, the second appeal officers simply repeat the denial. It forces the appellant to go to Information Commissioners either in the state or at the central level. These officers themselves are not approachable,” he added.
“Under the RTI Act of 2005, it is mandatory to appoint not less than 10 Information Commissioners in the state as well as the central level,” he further added. “The term of the Chief Information Commissioner ended on April 21, 2022, and other commissioner posts are vacant as well. It is disgusting and discouraging. The situation is the same with other states and the Centre, except in a few cases,” he said.
Kareem Ansari, Project Manager at Yourti, explained how due to the lack of political will and a functional system, the citizens cannot exercise their right to information, “Yugantar, an NGO, started www.yourti.in in 2018 for citizens to put in applications for filing RTIs anonymously and free of cost. In cases where we do not receive proper replies, we approach the First Appellate Authority (FAA) of the particular department.
FAA, being an official working in the same department, works in line with the PIO, who has already frustrated the applicant with his vague and partial responses by then. The only recourse left is to approach the State Information Commission. Unfortunately, as of now, the Telangana State Information Commission has no commissioner. We had written a letter to the Honourable Governor of Telangana in March 2023 requesting her to see that the process of appointing the CIC begins as early as possible but to no avail.
Moreover, to dilute the RTI Act and to deliberately delay the process of providing information to the general public, the Telangana government issued a GO stating that the concerned PIO has to obtain the permission of the departmental Secretary before giving the information to a particular request. After eminent lawyers approached the High Court, the government withdrew that GO.”
Delay in appointment of Information Commissioner
“FAA, being an official working in the same department, works in line with the PIO, who has already frustrated the applicant with his vague and partial responses by then. The only recourse left is to approach the State Information Commission. Unfortunately, Telangana  has no commissioner”
- Kareem Ansari, Yourti
Telangana’s online RTI portal was launched recently but remains inactive as the training of the personnel concerned is underway. Take a look at the challenges faced by RTI activists in accessing information through the RTI Act of 2005.

Despite NGT order, KSPCB didn’t impose fines or shut down industries polluting lakes since 2017, reveals RTI

Indian Express: Bengaluru: Thursday, 28 September 2023.
While the National Green Tribunal (NGT) has flagged the issue of industrial effluents polluting lakes in Bengaluru, the Karnataka State Pollution Control Board (KSPCB) in an RTI query on September 21 stated that neither has it fined any industry for polluting lakes nor has it issued closure orders to the industries found to be polluting the lakes since 2017.
The RTI was filed by The Indian Express seeking detailed information on the number of industries which were fined or were issued closure orders for polluting the lakes in Bengaluru.
“It is to be informed that there are no industries fined for polluting lakes in Bengaluru since 2017 and no closure notices issued to industries for polluting lakes,” the KSPCB said in a response to an RTI query.
In the last few years, the NGT has pulled up the state government authorities for failing to protect the lakes from pollution. In 2022, the NGT levied Rs 500 crore as environmental compensation on the Karnataka government for failing to protect the Chandapura lake from pollution and directed the authorities to collect the amount from the violating industries.
In 2017, the NGT directed the Karnataka government to seal all the industries located in the vicinity of the Bellandur lake.
“Neither meaningful action taken against violators nor compensation for past violations at Chandapura Lake assessed,” the NGT, in its recent order regarding the damage to the Chandapura Lake, had said while rapping the KSPCB for its inaction.
As per the NGT’s directive, the state pollution watchdog was to submit a report on action taken against violators and erring officials to prevent pollution. While the KSPCB recently submitted the report, the NGT noted that the report is insufficient.
In April this year, the NGT pulled up the KSPCB for failing to take action against the violators responsible for polluting Chandapura lake.
“The report filed by the KSPCB is in no way an adequate discharge of the public trust doctrine for the restoration of the lake in question. It is disappointing to note such callousness of the authorities in dealing with the matter. Neither any meaningful action has been taken against the violators to prevent pollution nor compensation for past violations assessed and recovered on Polluter Pays principle,” the NGT had observed.
It also said that the KSPCB had failed to clarify how the industries are located in the buffer zone of the Chandapura lake.
Local residents have complained about the industries discharging chemical effluents into the storm water drains which are connected to the lakes. “Small scale red category industries in Jigani have not only encroached the buffer zones of the storm water drains (SWD) but were found to be discharging industrial chemical effluents into the canals connected to the major drains which finally connect to the lake,” said Vishal K, a resident of Jigani.

International Day for Universal Access to Information tomorrow

BSS News: Bangladesh: Thursday, 28 September 2023.
International Day for Universal Access to Information will be observed in the country tomorrow like elsewhere across the globe with the theme 'Importance of internet in free flow of information'.
On the eve of the day, President Mohammed Shahabuddin and Prime Minister Sheikh Hasina issued separate messages wishing all programmes of the day a success.
In his message, the President said the 'Right to Information Act, 2009' was formulated to ensure the free flow of information and people's right to information.
"The citizens of the country are now getting access to information by this act (the RTI act)," he said, adding that the act has created a path for establishing good governance along with ensuring transparency and accountability in the activities all government and non-government organisations.
He said Bangladesh is going ahead to be a Smart Bangladesh from Digital Bangladesh under the dynamic leadership of Prime Minister Sheikh Hasina and utilization of ICT in Bangladesh has created an example in the world. Internet has been playing an important role in ensuring people's access to information, he added.
Noting that the Information Commission has been working relentlessly to reach benefits of the RTI Act to the doorsteps of people, the President said, adding that it is urgent to join all stakeholders including government entities, electronic and print media in creating awareness among people about the RTI.
In her message, Prime Minister Sheikh Hasina said Awami League in its election manifesto in 2008 declared to formulate Right to Information Act and after coming to power, the government passed the RTI Act, 2009 in the first session of the ninth Jatiya Sangsad and formed the Information Commission as per its electoral pledge.
Information Commission (IC) was formed on July 1, 2009 and newly-constructed IC Bhaban was inaugurated on August 20, 2023, she said, adding: "As a result, the right of the people and the media to get the necessary information has been increased."
The premier said: "Apart from Bangladesh Television (BTV), BTV World and Sangsad Television, we have given permission to 45 private television channels and 28 FM radio stations and 32 community radio stations to expand the free flow of information further, which made the publication and publicity system easier."
"The government has set up world's largest web portal to reach information at doorstep through increasing the use of internet," she said, adding that the importance of internet in increasing the use of RTI is undeniable.
With cooperation of the government, the IC has been working relentlessly to reach the benefits of the RTI to the people, she said, adding that RTI has been playing role in reducing corruption and establishing good governance through ensuring accountability and transparency in the activities of all. "I hope the Information Commission will be more active in establishing 'Sonar Bangla' as dreamt by Father of the Nation Bangabandhu Sheikh Mujibur Rahman," the Premier added.

Why Doesn’t Right to Information Find a Place in J&K’s e-Services ? What prevents J&K Govt from setting up a digital platform to access information under the RTI Act 2005? - by Dr Raja Muzaffar Bhat

Kashmir Observer: Srinagar: Thursday, 28 September 2023.
Very recently, the Department of Administrative Reforms and Public Grievances (DARPG), Government of India released a report on National e-services Delivery Assessment (NeSDA) wherein Jammu & Kashmir ranked One vis a vis e-services delivery. As per the report, J&K Government is said to have been providing 1028 e-services and has thus surpassed Madhya Pradesh which provides 1010 e-services and Kerala which has 911 online services for its citizens. This is indeed a great achievement for the people of Jammu & Kashmir but as a long time Right to Information (RTI) campaigner, I feel dejected and dispirited when I don’t see RTI in the list of 1028 online/ e-services.  
According to a press statement by the Government, issued in response to the aforementioned report, the Digital J&K programme was launched in mission mode last year. The number of online services has increased exponentially from 35 services in 2019 to 1028 services as on date.
“The remarkable digital journey of J&K and the resultant transformation from a laggard status in e-governance to a leading position in such a short span of time is unprecedented. This has brought about a paradigm shift resulting in increased transparency, accountability and efficiency at all levels. There has been a palpable reduction in corruption and increase in citizen satisfaction”, reads the Govt statement
Union Secretary, Department of Administrative Reforms and Public Grievances -DARPG, Mr V Srinivas, congratulated the Govt of J&K for this great achievement. He stated that the NeSDA framework, developed by DARPG has played a pivotal role in catalyzing the improvement in the uptake, volume, and quality of e-services.
Offline to Online
Last year, in December, the J&K Chief Secretary Dr A K Mehta had impressed upon all the Govt offices to make all the offline services online. As per the Govt statement issued on December 16th 2022, the Chief Secretary while reviewing the performance of the Information Technology (IT) Department in a meeting, directed the officers to prepare a list of all the services provided by the Govt departments. The Chief Secretary directed the officers to separate the services still offered through offline mode and prepare a roadmap for offering the same through an online platform with end-to-end digitisation by January 15th 2023. The Chief Secretary during the meeting asked the officers of the IT department to issue advisories to different Govt departments for conducting security audits of their official websites as well without any delay.
By January 15th 2023, all the offline services had to be made online but even as September is coming to an end, the citizens in J&K continue to seek information under Right to Information Act 2005 (RTI Act) through an offline mode which is completely obsolete. 
As on date, citizens intending to seek information under RTI in J&K write down an RTI application, take its printout, then purchase the Indian Postal Order (IPO) of Rs 10 which isn’t available in all the local post offices. The application is then sent via speed post / registered post or dropped personally in a Govt office. On the contrary, this is not the case with central Govt offices. One can file an RTI application on a cell phone and pay application fees online. If J & K is directly ruled by the centre for the last 4 years, why are not the same facilities given to people of J&K ?
Ladakh starts Online RTI portal
As J&K Govt fails to give its citizens the right to access information through an electronic mode, the Union Territory of Ladakh has taken a lead instead. The Ladakh UT administration last month (August 18th)  launched and started a web portal namely RTI online to facilitate the citizens in filing RTI applications and first appeals through an online platform www.rtionline.ladakh.gov.in. As per the official order issued by UT of Ladakh, the web portal will be managed and supervised by General Administration Department (GAD)
“An RTI cell with officers Sonam Chhosdon, Deputy Secretary and Mohammad Shafi, Junior Assistant, GAD, has also been constituted accordingly,” said the order. The order further says that RTI cell and the portal shall be serviced by the Accounts wing of the GAD. All the Public Information Officers (PIOs) and First Appellate Authorities (FAAs) have been directed by Ladakh GAD to ensure disposal of RTI applications filed through online mode on the designated portal in a time bound manner as per the timeline prescribed under Acts and Rules.
The accounts wing of the Ladakh GAD has also been directed through the same order to supervise and maintain the online fee receipts and ensure its timely transfer to relevant heads. The UT Govt of Ladakh has set up a technical support team controlled by GAD for maintenance, hosting, and other IT support for smooth operation and running of the new RTI portal by using the manpower that has already been hired through an outsourcing agency. The NIC Ladakh is providing all required support to GAD in technical matters vis a vis online RTI. Pertinently the Lieutenant Governor of Ladakh, Brigadier (Dr) BD Mishra (Retd) on February 26 this year had instructed his Principal Secretary Sanjeev Khirwar to fix a timeline to launch the RTI Online Portal at the earliest. The LG during a few meetings at Raj Niwas Leh early this year had inquired about the reasons for the delay in launching the RTI online portal in Ladakh. It is heartening to know that finally online RTI is a reality in Ladakh and the Govt of J&K must also follow the footsteps of UT of Ladakh by launching an RTI portal soon.
Our Advocacy
This author along with other volunteers associated with Jammu & Kashmir RTI Movement have been doing a lot of advocacy for online RTI facilities in J&K. For the last many years I have been writing about it and one of our committed activists namely Syed Adil from Ganderbal used the RTI application as a tool to ensure RTI goes digital in J&K. Adil sought information about all this from the Govt of India around January end this year. He filed an application before the Central Public Information Officer (CPIO) in the Ministry of Electronics and Information Technology (MeITY). The Ministry forwarded the application under section 6 (3) to Department of Personnel and Trainings (DoPT) Govt of India which works under the Prime Ministers Office (PMO). The DoPT further forwarded Adil’s application to J&K Govt (General Administration Department-GAD) and the Govt had no option but to say in writing that online RTI will be a reality in J&K very soon. It is now around 4 months and we still struggle to seek information through an offline mode.
Conclusion
Today is September 28th and this day is celebrated as The International Day for Universal Access to Information or International Access to Information Day or RTI Day. This day was proclaimed on 15 October 2019 at the 74th United Nations  General Assembly (UNGA). This year’s  global celebrations are being held at Oxford, United Kingdom on September 28th 2023 and the entire programme will revolve around the theme titled as “The Importance of the online space for access to Information” . The theme will also encompass discussions and deliberations on the challenges and opportunities posed by the internet and the significance of accessing information through an online mode and implications of internet shutdowns and online censorship. I think today’s day and the theme of this day should be a wakeup call for Jammu & Kashmir Govt. If the Govt of J&K is providing 1028 online services to its citizens what prevents them from not including online RTI service in this list and make it 1029?

Provide probe report to RTI applicant, CIC orders bank

Tribune India: Jalandhar: Thursday, 28 September 2023.
The Central Information Commission (CIC), New Delhi, has directed the Central Bank of India to provide a copy of the report of an investigation carried out against its own employee in response to an RTI filed by a Jalandhar resident.
Samir Ranjan Sur first made a complaint to the Central Bank of India against its employee on 30 July, 2022. He then filed an application on September 4, 2022, under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) of the Central Bank of India, Punjab, seeking information about the status of the complaint.
In the reply, the CPIO stated that the bank had got an internal investigation conducted in the matter and claimed the complaint was disposed of.
Dissatisfied, Samir filed an appeal before the First Apellate Authority (FAA), Central Bank of India, on October 29, 2022. Samir, thereafter, filed a second appeal before the CIC on 16 January, 2023.
The information sought by Samir included action taken by the bank on the complaint against employee; rules and regulations of the bank; name and rank of all the officers who have held the inquiry; any show-cause notice or disciplinary proceedings initiated against the said employee; any punishment or penalty awarded to the employee; whether the inquiry officer recommended any punishment or penalty; and the status report of the complaint filed against the employee.
Additonally, the RTI also sought directions and guidelines of Reserve Bank of India and Central Vigilance Commission regarding criminal complaints against employees of public sector banks. In the formal response to the RTI, the bank’s CPIO denied the information.
However, the CIC order, issued on August 28, states that, “Since the appellant had filed a complaint with the bank, principles of natural justice demand that a copy of the investigation report carried out by the bank, as agreed by them in their reply be made available to the appellant within three weeks from the date of receipt of the order.”
Bank had denied info
In the formal response to the RTI, the bank’s CPIO maintained that the “information sought” about the investigation against the employee concerned was ‘personal information’ and would ‘cause unwarranted invasion of privacy.

Food grain wastage reduced by over four times in last five years: RTI report - Abhishek Anand

India Today: New Delhi: Wednesday, 27 September 2023.
Kerala-based RTI activist K Govindan Nampoothiry had sought information about the details of foodgrains being perished at the storage facilities of the Food Corporation of India (FCI).
The government has managed to save over four times more food grains stored in granaries across the country, a Right to Information (RTI) report revealed. According to the reply, the wastage of food grains, largely due to rain, was reduced more than four times from 2018 to 2023.
Kerala-based RTI activist K Govindan Nampoothiry had sought information about the details of foodgrains being perished at the storage facilities of the Food Corporation of India (FCI). It was found that during the year 2018-19, the total perished food grains was 5213 metric tons, which was reduced to 1628 metric tons during the year 2022-23.
“Despite a longer spell of rain in the latter months of the monsoon, the FCI has managed to save a drastic quantity of food grains. The close to four-time decline in perished food grains means the agencies are working for better storage facilities. There is a steep decline in food grains stocks accrued as non-issuable in FCI godowns,” said Govindan.
The states of Bihar, Odisha, Assam, Andhra Pradesh, Punjab, and Gujarat topped in non-issuable foodgrains, the RTI revealed.
“As per the RTI reply, during 2019-20, 1930 MTs of foodgrains perished, during year 2020-21, 1850 and during year 2021-22, 1693 metric tons of food grains perished. It shows a steep decline in the wastage of food grain,” said Govindan.
In a bid to stop wastage of food grains, the central government adopted FIFO (first in-first out) policy during the tenure of former food and consumer affairs minister Ram Vilas Paswan.
The FIFO policy helped in increasing the shelf life of the food grains stored at FCI granaries across the country.

From NREGA Job Card Deletions to Complex Aadhaar Mechanism, Tech Solutions Are Not the Answer

The Wire: Delhi: Wednesday, 27 September 2023.
In FY23, over 5.2 crore workers were deleted from the MGNREGA system – a 247% increase in deletions compared to previous years.
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in India, which guarantees 100 days of work to rural households, has seen a significant issue of worker deletions from its database. In the fiscal year 2022-23, over 5.2 crore workers were deleted from the system, representing a 247% increase in deletions compared to previous years, Economic and Political Weekly reported, citing Ministry of Rural Development (MoRD) data.
While deletion and issuance of new job cards are routine practices, the scale of recent deletions has caused alarm. Job cards of deceased or migrated workers get deleted and new workers seeking employment have to get their names added or get a new job card made.
According to the report, the primary reason behind these deletions is the implementation of the Aadhaar-based Payment System (ABPS), which has added complexity to the system.
In January 2023, MoRD mandated the use of ABPS for processing all wage payments in MGNREGA, starting from February 1, 2023. However, at the time of the mandate, only 43% of MGNREGA workers were eligible for ABPS payments.
The pressure from MoRD to achieve 100% Aadhaar seeding (the process of workers submitting their Aadhaar details to be linked to their job cards) and authentication in a short period led to a significant increase in worker deletions from the MGNREGA database.
Local officials, lacking training and understanding of the Aadhaar process, resorted to deleting ABPS-ineligible workers from the roster as an easier way to meet targets, the report says.
EPW explains why deleting workers without following due process was easier for local officials. It explains three technical processes which need to be understood.
1) Previously, workers had the option of linking their Aadhaar details to their job cards but it was not mandatory. Now, workers need an Aadhaar card to avail of MGNREGA.
As of August 15, more than 6 crore workers across the country did not complete Aadhaar seeding. These workers can no longer work under the MGNREGA.
2) Aadhaar authentication involves the automatic verification of workers’ details as registered in their job cards against their details in the Aadhaar database, including name, gender, and demographic details. If any discrepancies are found, the authentication fails.
Moreover, officials face challenges because they have not received guidelines for the resolution of mismatched cases.
To understand this issue, LibTech India filed an application under the Right to Information (RTI) Act with MoRD to inquire about the provisions or guidelines for worker deletions. They were provided with only a partial excerpt from the MGNREGA Annual Master Circular. It contained broad principles for deletions but lacked the detailed guidelines LibTech India had sought.
“We found that across states, block data entry operators were rarely able to even locate lists of workers without Aadhaar seeding or authentication, let alone have knowledge of resolution procedures, especially during the beginning of the Aadhaar enforcement. This confusion is not restricted to block officers; we have encountered significant misinformation about Aadhaar processes even with state-level officers,” it said.
3) Previously, MGNREGA wage payments could transferred via NEFT, but now ABPS is mandatory.
“Aadhaar-based payments use only the Aadhaar number as the financial address for where the payment goes. For ABPS, three linkages must be complete: first, a worker’s Aadhaar number must be seeded to her job card. Second, her Aadhaar must be seeded to her bank account via eKYC. Third, the worker’s Aadhaar must be linked to her bank’s Institutional Identification Number (IIN) in a ‘mapper” (or database) created by the National Payments Corporation of India (NPCI), which acts as the Union government’s payments clearing house.”
“Only if all of these links are completed, will a worker’s wage payment be processed. With mandatory ABPS, even if a worker has worked under the MGNREGA, and if she is not eligible for ABPS, she cannot receive her wages,” the EPW report explained.
These interventions appear to be complicated, and therefore, the government’s approach should focus on strengthening infrastructure, better network coverage, and providing proper information and training for technical processes rather than hastily adopting complex interventions.
Using the “ultimatum method” to mandate Aadhaar seeding/authentication and ABPS in the MGNREGA programme has led to a dramatic 247% increase in job card deletions in the fiscal year 2022-23 with a drastic 2,700% reported in Telangana.
While it’s unclear how many of these deletions involve genuine or “fake” workers, extensive fieldwork reveals that a significant number of vulnerable, real workers are being deprived of their right to work and livelihood. Both authentication and ABPS create complex issues that are difficult to resolve, and the actual costs of addressing these issues often go unnoticed.
Many MGNREGA workers end up forgoing multiple days of work and spending money on food and travel as they navigate the bureaucracy, which can be financially burdensome. These real-world costs should be considered when evaluating the effectiveness of such interventions.
Moreover, several questions have been raised on the lack of transparency and problematic execution of the Aadhaar-implemented mechanisms in MGNREGA.
In addition, the National Mobile Monitoring System (NMMS) app, which was launched without consulting MGNREGA workers, has faced numerous issues.
“The app was launched after a pilot in one single district, and with zero worker consultation,” the report said.
Both NMMS and Aadhaar seeding/authentication were intended to combat corruption in MGNREGA, but their implementation lacks evidence of success and has made workers suffer.
“While implementing digital measures to address problems may be tempting, it is important to not reduce policymaking to techno-solutionism. Policy design for technical interventions must be consultative, properly piloted, and designed keeping the workers in mind.”