Everything you wanted to know about RTI Act

Everything you wanted to know about RTI Act

The Right To Information (RTI) is part of the fundamental right to freedom of speech and expression, as mentioned in Article 19(1) of the constitution. Kavitha Alexis gives a run down on the RTI Act

Friday, June 02, 2006

http://www.ciol.com/content/news/2006/106052504.asp

“Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire, it wafts across the electrified borders.” Ronald Reagan

Universal Declaration of Human Rights recognised Right to Information (RTI) as a fundamental right of people in a civilized world. In 1946, the United Nations General Assembly resolution stated, “Freedom of Information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated. Article 19 of the Universal Declaration of Human Rights states, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Right to Information is a key enabler of good governance, and is a tool to ensure transparency and accountability in the government. It also helps ensure participation of public in governance, eliminate corruption and empower the people. It gives the citizen the right to seek information and makes it binding on officials to store and make the information easily available to the public, with the exception only when withholding the information is in public interest.

Globally, over sixty countries have implemented some form of legislation with regard to right to information. Many other countries are following suit.
Right to Information in India

In India, after many deliberations over the years, the RTI Act was passed by the parliament in October 12, 2005, thus opening up the governance processes of our country to the public.

Information Communication Technology (ICT) is one of the best vehicles to ensure RTI to the citizens. As specified by the RTI Act, the use of IT tools in reaching information to the people is well manifested in many of the e-governance projects implemented in the country.

Prime Minister Manmohan Singh, in his intervention speech on RTI bill debate in Lok Sabha in May 2005, said “I believe that the passage of this bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an ear which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.”

Backdrop

The Right to Information (RTI) is part of the fundamental right to freedom of speech and expression, as mentioned in Article 19(1) of the constitution. Despite this, the Indian governance system always followed the Official Secrets Act 1923 (OSA) of the British era. Except for some minor changes done in 1967, the Act still remains the same.

As a per OSA, disclosure of any information that is likely to affect the sovereignty and integrity of India, the security of the State, or friendly relations with foreign States, is punishable. In the OSA clause 6, information from any governmental office is considered official information, hence it can be used to override freedom of information requests. On the basis of this, citizen’s right to know about te governance system was always denied.
Added to this, the widening gulf between Indian bureacracy and its citizens and the common man’s lack of knowledge to demand his rights, created an unbreakable barrier between the government and the common man.

The journey to RTI Act

Objections to the Official Secrets Act have been raised since 1948, when the Press Laws Enquiry Committee recommended certain amendments. However, Mazdoor Kisaan Shakti Sangathan (MKSS), a grass roots organization in rural Rajasthan initiated the right to information movement in a committed manner in the early 1990′s. Set up by IAS officer-turned-activist Aruna Roy and several other activists, MKSS demanded the rural villagers right to inspect official records and to ensure a transparent administration. (For more info visit www.samarmagazine.org)
In 1996, National Campaign for People’s Right to Information (NCPRI) was set up by a group of people and it became the platform for RTI campaigns in the country. NCPRI and Press Council of India formulated an initial draft of a right to information (RTI) law. This draft was sent to the Government of India in 1996. The Consumer Education Research Council (CERC) draft was the next effort in RTI law, which was framed in lines with international standards.

In 1997, in a conference of chief ministers it was decided that the central and state governments would work together on transparency and the right to information. This was followed by central government agreeing to take immediate steps to introduce freedom of information legislation, along with amendments to the Official Secrets Act and the Indian Evidence Act, before the end of 1997.
In 1997, two states passed Right To Information legislation (Tamil Nadu and Goa). Government of India appointed a working group, headed by former bureaucrat and consumer rights activist HD Shourie, to draft what was reworked into the Freedom of Information bill, 2000. The Freedom of Information bill was introduced in parliament in 2002.

Meanwhile, RTI legislation was taken up by several other states in the country. In August 2004, NCPRI called for certain amendments to the Freedom of Information Act 2002 and it was forwarded to the National Advisory Council (NAC). NAC recommended these amendments to the Prime Minister of India for further action. Based on this the Right to Information Bill was introduced in Parliament on 22 December 2004.

This bill had many shortcomings and hence amidst severe protests from RTI activists, was referred to a standing committee of the parliament and to a group of ministers. In the next session of Parliament, the bill with jurisdiction to cover the whole of India was passed. The Act has come into effect all over India from 13 October 2005.

Right to Information Act 2005 – Features

RTI Act came into force on the 12th October 2005 (120th day of its enactment on 15th June, 2005). Some provisions in the Act have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28). The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

In the purview of RTI Act, 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 but does not include “file notings” [S.2(f)].

Right To Information Act includes the right to:
i. inspect works, documents, records.
ii. take notes, extracts or certified copies of documents or records.
iii. take certified samples of material.
iv. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]
(Source: http://persmin.nic.in/RTI/WebActRTI.htm)
The RTI Act has a wide reach and covers bodies like central government, the state governments, Panchayati Raj institutions & local bodies,
bodies that are established, constituted, owned, controlled or substantially financed by the government including non-governmental organisations (NGOs) and even private bodies will have to impart such information that the citizens ought to know.

RTI Act and ICT
The RTI Act specifically mentions the use of ICT for enabling citizens’ right to information. The chapter II – 4 (1-a) of RTI Act states “Every public authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated”.
The Act further states, “It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.”

(Kavitha Alexis is Senior Reporter of CIOL)

	From secrecy to transparency
	A step towards participatory democracy
	RTI and E-governance go hand in hand
	How IT empowers people
	RTI Act in Action!
	Bureaucrats are the biggest stumbling block

RTI helps mechanic get his loan

RTI helps mechanic get his loan

NDTV Correspondent

http://www.ndtv.com/template/template.asp?category=National&template=RTI&slug=RTI+helps+mechanic+get+his+loan&id=89889&callid=1

Watch story

Friday, July 7, 2006 (Madhubani):

The Right to Information or RTI has emerged as a very powerful tool that people can use to hold governments accountable.

A tool that can be used to resolve issues of everyday life to influencing major government policies.

In the continuing series on the national campaign against bribery there is a story of Mithilesh who used it to get loan for his electronic workshop.

The loan was being delayed even though the money was sanctioned under a government scheme.

Mithilesh found out about the RTI act and empowered himself with it.

“I have been running an electronic workshop since 1989. I thought of getting myself a loan and I applied for it. My third application got sanctioned and I was given a loan for it. Once the money reached, I started asking the bank, but the bank gave me no information,” said Mithilesh.

“They thought I would get fed up and stop asking for my loan. The moment they found out that I had information about the RTI act they showed interest in my loan”.

Mithilesh added: “What the bank could not do in two years, RTI helped to do it in a very short time”.
 

Cleaning up public life with Right to Information Act

Cleaning up public life with Right to Information Act

A. Subramani

http://www.hindu.com/2006/07/06/stories/2006070604201300.htm

“For the first time, India has a law, which casts a direct accountability on an officer for non-performance”

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Unwillingness to provide information, wrong information can invite penalty

Public asked to stop paying bribes, get grievances redressed through RTI Act

Campaign to cover 43 cities across 15 States, NGOs to help people file applications

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CHENNAI: The mission is to clean up public life. And the tool is the Right To Information (RTI) Act. Already recognised as a Fundamental Right, the RTI Act does not confer any new right on citizens. It only underscores their right to know how the governments, meant to serve them, are functioning. It lays down the process of how and where to apply for information and how much fees need to be paid.

“There have been many good laws in this country, but they did not work to the satisfaction of people in need. The RTI is working well. For the first time, India has a law, which casts a direct accountability on an officer for non-performance. If an officer does not provide information in time, a penalty of Rs. 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, up to Rs. 25,000 can be levied as penalty. Incomplete information or rejection of an application for mala fide reasons too can invite penalty. The fine is deducted from the officer’s salary,” say activists who have organised a “Drive against Bribe” campaign. Though a large number of people have already used RTI to get their work done in the Government, the incidence is still insignificant. The reason: There is little awareness of it among people, activists feel.

During the campaign — which goes on till July 15 — people will be exhorted to desist from paying bribes. Rather they should use Right to Information, which is very effective in getting grievances redressed, they say. Several media houses, including The Hindu , NDTV, Hindustan Times, Deshonnati, Prabhat Khabar, Doritri, Andhra Jyoti, Raj Express and Loksatta, will help to spread awareness.

Initially, the campaign covers 43 cities spread across 15 States. Volunteers from hundreds of non-governmental organisations will help people file RTI applications. At present, more than 1,200 volunteers are being trained to man assistance counters in these cities.

The RTI applications can be filed for matters such as issue of passport, any type of licence, marriage certificate, death certificate, birth certificate, SC/ST certificate, OBC certificate; inclusion of names in the voters’ list, issue of the voter ID card; correction of water, electricity, telephone bills; any legitimate problem with a department such as change of faulty meter, providing new water or electricity connection, filing of the first information report, claiming refunds or payments or any other pending work or grievance in a government department, they note.

Once an application is filed, the designated information officer is supposed to provide the details within 30 days. If either no information is given or it is not satisfactory, an appeal could be preferred.

A reply is expected in 30 days. A second appeal would lie in the next 30 days. If the claim is bona fide, the Information Commission has powers to impose penalties on officials. If an officer violates the RTI Act provisions repeatedly, a disciplinary enquiry could be ordered. It could even lead to his dismissal.

As part of the campaign, a national telephone helpline (09250492504) has been started. People can even SMS “rti (city name)” at 6388 to get the address of the assistance camp in their city.

A web site — www.righttoinformation.org — has also been created. People can also write to the RTI, Post Bag No. 9201, Delhi-92.

Anti-bribery campaign: “Drive against Bribe with RTI”

Since Right to Information directly aligns with e-governance and

the ability to effectively and rightfully use the data generated by e-

governance applications - many of us in this forum may be

interested in joining this campaign. 

 “Padmini Ranganathan” <pr_personal@yahoo.com>

Drive against Bribe with RTI” ( http://www.antibribery.org )

Drive Against Bribe

Background:

In the last few years, Right to Information (RTI) has emerged as a very powerful tool in the hands of a common citizen to hold governments accountable. People have used it in various ways ranging from addressing issues related to their daily interface with government authorities to influencing major government policies. For instance,

§       Uday is a software engineer. He saw that the Outer Ring Road from IIT flyover to Panchsheel flyover was made last February and it came off within 10 days. He applied for inspection of files, inspection of road and sample of material used in the road. Two days before he was called for inspection, the entire road was relaid.

§       Shailesh Gandhi was able to reduce the extent of political interference in transfer postings in Mumbai Police using RTI.

§       Vijay Kumbhar applied for a refill of his empty gas cylinder. He did not get a refill for more than a month. Everyday, someone would come to his colony to sell gas in black. Obviously, his gas dealer was not providing refills to the people and was diverting them to the black market. When Vijay applied under RTI, he got his refill within a few hours.

One area where RTI has been most successful is – if you have a legitimate work pending in any Government Department and if they are not doing it for either expectation of bribe or due to simple bureaucratic delay, then use RTI and it gets done very fast. There are hundreds of such examples like

§       Nannu applied for a duplicate ration card in January 2004. Though his card should have been made in 10 days according to the rules, it wasn’t done despite several visits. Three months later, when he applied under RTI, the card was made within four days.

§       Ashok Gupta was demanded Rs 5000 bribe for a new electricity connection in the year 2000. Connection was denied to him when he refused to pay. Two years later, when he applied under RTI, he got his connection within 10 days.

§       Prem Sharma applied for a passport. It should be made in 45 days according to the rules. However, he kept running for six months. When he took his application under RTI to the Regional Passport Officer, the passport was done within 7 days.

Though RTI has such a huge potential, it hasn’t been able to make a big difference so far because not many people are using it. Because they are either not aware of it or of its potential. Earlier, RTI was available only in a few states like Delhi, Maharashtra and Karnataka. But with the passage of the Right to Information Act 2005 by the Parliament of India, now it is available to all citizens against all public authorities in India.

Broadly, the use of RTI has been of two types:

§       To get your legitimate individual work done in a Government department like getting a ration card, getting a passport, getting widow pension, getting PF etc without paying bribe and without facing harassment.

§       To use it for wider public interest like getting roads repaired, exposing corruption in government expenditure, influencing government policies etc.

The Campaign:

A massive nationwide awareness-cum-assistance program is being launched. Awareness about RTI would be created through mainstream media. Assistance would be provided to those who wish to use RTI but do not know how to use it through website, phone, direct physical assistance and letters.

The campaign is divided into two parts:

1.       1st July to 15th July: During these 15 days, people would be encouraged not to pay bribes for their personal works like getting your ration card, getting passport etc. Rather they should use RTI. This campaign would be called “Drive Against Bribe”. During this 15 day period, interesting on following lines would be promoted by partner TV Channels, newspapers and radio stations:

“Now you don’t need to pay bribes in India. Use Right to Information. Often, it works faster than bribes.”

The media partners would create awareness during these 15 days by Advertisement space/ Time for promoting the awareness about RTI and its processes, telling success stories, explaining the process of filing RTI applications, daily coverage of public response to the campaign.

During these 15 days, various citizens’ groups and NGOs will set up camps in several cities across the country. People would be provided assistance at these camps in preparing and filing RTI applications. Such arrangements have already been made in more than 48 cities including Delhi, Mumbai, Bangalore, Hyderabad, Pune, Sangli, Gorakhpur, Faizabad, Lucknow, Shillong, Bhubaneswar, Ranchi, Patna, Ahmedabad, Indore and several cities in Chattisgarh, MP, Rajasthan, Bihar, Jharkhand etc

Citizens would also be provided assistance through e-mails, letters and a phone helpline. Since it would be promoted by several prominent media houses, large number of people are likely to respond either to use RTI or to volunteer their services or to simply express their solidarity. The campaign would inspire confidence amongst people that now they could actually get their work done without bribes. It would be a big blow to bribery.

2.       Post 15th July: After 15th July, it develops into a full RTI campaign. The issues would no more be confined to individual issues but would cover all aspects of governance. Media partners would be expected to publish success stories and to guide their readers/ viewers/ listeners on how to address various issues of governance using RTI. Camps at various cities would stop after 15 days, but assistance through e-mails, phone helpline and letters would continue. People who sign up as volunteers during 15 days would be expected to use RTI related to their city problems and other issues of governance. Their experiences would feed as stories for media partners.

Partners in the campaign:

Though initiated by two Delhi based NGOs namely, Parivartan and Kabir, large number of civil society groups from across the country have joined in as partners. The campaign would finally be run by several citizens, NGOs, businesses, media houses, government departments etc. coming together. The campaign is being promoted by several media houses including NDTV, Hindustan Times group, Hindu newspaper, Prabhat Khabar, Andhra Jyoti (Telugu), Lokonnati (Marathi), Loksatta (Marathi), Doritri (Oriya) etc. The Chief Vigilance Commissioner (CVC), Mr Shankar has already committed his support to this campaign. The Central Government has issued an order to all Central Ministries and Departments to make adequate preparations for the campaign.

The main objective of the campaign is to inspire and enable people to influence governance by actively participating in it rather than just criticizing it. Earlier, it was not possible. Now, it is possible to do through RTI.

We invite you to join this campaign.

More info on Right to Information

http://right2information.wordpress.com/

 Media coverage:

http://in.news.yahoo.com/060629/48/65huj.html

http://cities.expressindia.com/fullstory.php?newsid=190586

Padmini Ranganathan

** Support a 100% literate India – visit www.ilpnet.org **

NGOs organise drive to popularise RTI Act

NGOs organise drive to popularise RTI Act

Neha Kaushik | New Delhi http://www.dailypioneer.com/indexn12.asp?main_variable=CITY&file_name=city5%2Etxt&counter_img=5 Everyone living in India is aware of the ordeal one needs to go through to get a file moving in a government office. To have a sarkari babu lend his ear to your woes is even tougher one could argue.

Nine non-governmental organisations have come together to curb this menace and help the common man to stand up for his right.

On the third day of the fortnight-long all India drive against the prevalent chai pani system on Monday, hopefuls thronged the IGI Stadium camp with a variety of complaints. Thanks to the media and the purpose of the drive, two representatives of the Delhi Government were available to hear and receive complaints.

For the 89-year-old Hari Chand Vyas, an ex-Delhi Government employee, the fight for receiving his monthly pension continues even after the visits he has made umpteen times to awake the concerned authorities and acknowledge his plight.

Officials claimed that the cheques were being despatched and contended that the same may have been getting lost in transit shirking responsibility from the entire affair.

Tired, Vyas resorted to taking help from the anti-bribery camp on Monday, hoping for a solution to his problem.

The Right to Information Act 2005, is a powerful tool to demand transparency and accountability in the functioning of public authorities. The RTI Act enables common citizens to access information, withheld by Government functionaries previously on the pretext of the Official Secrets Act.

The camp is catering to the need of the people who have been deprived of basic information on problems they have been facing for a long time.

For 75-year-old Radhakrishna Nirankar the past eight years have been more than a nightmare. After he was allotted a small piece of land in 1998, he submitted the requisite money. He was only late by two days in paying back his interest amount that led “corrupt” officials to “ensure” he did not win the possession of his plot. “Every time I went, I was demanded bribe – even for opening the file,” said Nirankar. On Monday, Nirankar’s fading hopes came to life as he heard the power he could wield thanks to the RTI Act.

“Most of the complaints we have received in the past two days have been related to matters pertaining to passport, sewage, income tax, refund and housing. The State Government has offered its services and two Delhi government officials have been on the service for direct submission of application,” said Manish Sisodia, a member of Kabir an NGO working for the cause.

Govt wants babus with human face – Focus on Implementation of RTI Act too.. and others

Govt wants babus with human face
[ Tuesday, July 04, 2006 12:37:45 amTIMES NEWS NETWORK ]

 http://timesofindia.indiatimes.com/articleshow/1702824.cms

 NEW DELHI: Government has convened a conference of chief secretaries of states on July 19 to discuss the changes necessary for making the administration more responsive to the requirements of the 21st century.

The conference, an initiaive of cabinet secretary B K Chaturvedi, will focus on revamping the delivery system with regard to issues which touch upon the lives of people, and sensitise the officials to the new needs of the populace.

Prime Minister Manmohan Singh, who has appreciated the move, will address the conference on July 20.

According to sources in the government, Chaturvedi, who plans to write regularly to chief secretaries a significant innovation aimed at promoting experience-sharing among peers is particularly concerned about the procedural bottlenecks that keep many from accessing a ration card, copies of land record and similar crucial documents.

He is likely to stress that umpteen unnecessary verification requirements that come in the way can easily be done away with.

Sources said the forthcoming meet of top bureaucrats will also focus on the implementation of all-India schemes like Rural Employment Guarantee Programme, National Rural Health Mission, Right to Information Act, and Bharat Nirman the successful implementation of which will have a vital bearing on country’s aspirations for double-digit growth rate.

In a way, the ensuing conference will help underscore Centre’s recognition of the role that states have to play in ensuring the success of all the flagship schemes of the UPA regime. Mention is made of the slippages in the implementation of the polio eradication scheme in Uttar Pradesh and Bihar.

The two northern states have seen the scourge crawl back just when largely justified celebrations were on for getting rid of it. Immunisation exercises have also begun to falter. Likewise, while the mid-day meal scheme has picked up, it is acknowledged that a lot needs to be done to increase the reach of the scheme.

RTI Act empowers Meghalaya’s population

RTI Act empowers Meghalaya’s population

http://www.ndtv.com/template/template.asp?category=National&template=RTI&slug=RTI+Act+empowers+Meghalaya%27s+population&id=89718&callid=1

 Bano Harlau

Sunday, July 2, 2006 (Shillong):

While the rest of the country has only now realised the benefits of the right to information, people in Meghalaya have been fighting for the right since 1999.

With most of their homework done over the past few years, people started grilling the government almost the minute the RTI Act came into effect.

One of their first questions was on infrastructure development work in Shillong and the implementation of the midday meal scheme.

Prompt action

According to the government, the beautification of the police bazaar shopping centre roundabout in the heart of Shillong has cost over Rs 5 crore.

However, the people of the city were unaware about this fact until they made a request for the information as soon as Parliament passed the Right To Information Act.

Thereafter, the people found out that the Khyndai Lad project was sanctioned without either the mandatory tender process or a detailed master plan. Moreover, around 53 per cent of the total expenses are unaccounted for.

“From October 13, we started using the RTI. We wanted to find out how the government spent the amount. When we went through the papers, we found that out that 53 per cent of the money is unaccounted for,” says Tarun Bhartiya, Member, Meghalaya RTI Movement.

“It is only two days ago that the Commission has come out with details on the Khyndai Lad project”.

Although they have just begun to taste victory, people in Meghalaya have been fighting for the right to information for several years now.

Growing movement

The Meghalaya Right to Information Movement started with seven members as the Strive Forward Group in 1999.

Now there are twenty organisations that are helping people with everything from getting ration cards to re-evaluating exam papers.

“We’ve seen a lot of government enquiries and they all get swept under the carpet. After hearing about the RTI in other states and getting a copy of the GOA Act we felt that this is the only way by which the public will get the light to scams in the northeast,” says Michael Syiem, Working Committee Member, Meghalaya RTI Movement.

Among the problems of the northeast have been civilian tragedies in the battle between the armed forces and militants.

“Presently, even the armed forces as far as human rights violations and corruption cases are involved come under the act. We need to hold on to that because this is such a militarised zone,” says Angela Rangad, Member of Meghalaya RTI Movement

It is still early days for the RTI Act in the state, but if used effectively, RTI could help put good governance and development back on track in the northeast

Outgoing CEC invokes RTI to dispel Somnath’s allegation

Outgoing CEC invokes RTI to dispel Somnath’s allegation
Friday June 30 2006 00:00 ISTANI

 http://www.newindpress.com/newsItems.asp?id=IEL20060629084953&Title=B+R+E+A+K+I+N+G++++N+E+W+S&rLink=0

NEW DELHI: Outgoing Chief Election Commissioner B B Tandon on Thursday said that the Election Commission had placed the names of various political leaders involved in the office of profit controversy on its website under the Right to Information Act.

Speaking at his last press conference before superannuating as Chief Election Commissioner, Tandon said that the information posted on the Election Commission’s official website did not refer to them as accused and that it only gave the status on a complaint received by the Commission regarding any person under the Office of Profit clause.

Tandon was responding to Lok Sabha Speaker Somnath Chatterjee’s charge that the names listed on the Election Commission’s website had created the impression that these leaders are accused and guilty of possessing offices of profit.

Speaking on other issues, ranging from electoral reforms to the criticisms that the commission had faced from Left parties, Tandon said that there was no political consensus either on electoral reforms or on the state funding of election campaigns.

He however, accepted that partial state funding would also not be effective in reducing corruption and called for a holistic view on the entire subject.

Praising the Commission’s effort to be technologically inclusive, Tandon said there were immense benefits from the technological attributes that the commission had acquired. Tandon who retired today from the post will be succeeded by N Gopalswami.

Computerised information kiosk inaugurated

Computerised information kiosk inaugurated
Our Correspondent

 http://www.tribuneindia.com/2006/20060630/punjab1.htm#18

Nawanshahr, June 29
The basic spirit behind the Right to Public Information Act is to make the common man realise that he is the master in the democratic set-up and the proper implementation of the Act is the need of the hour for providing a transparent administration and strengthening the democratic set-up.

This was stated by Chief Public Information Commissioner Rajan Kashyap while underlining the importance of the proper implementation of the Act here today.

He was here to inaugurate the computerised information kiosk set up for providing detailed information to the public regarding various departments and other aspects of the district and release the brochure published by the district administration to make the people aware about the Act.

He said the commission had selected Nawanshahr and Mohali districts as model districts for the implementation of the Act in the district and the model would be replicated in other districts.

He added that the commission had received 300 complaints and appeals regarding denial of information, non-availability of timely information and distorted information, of which 60 had been settled.

Mr Kashyap also inaugurated a blood donation camp at Balachaur, about 20 km from here, during which 150 units of blood were collected.

Mockery of RTI Act by CIC

Dear Mr Habibullah,

Just a few minutes back, I have received an order passed by Mrs Padma Balasubramaniam. This order makes a complete mockery of the RTI Act and principles of natural justice. Unfortunately, this is not an isolated order but one in a series of similar orders passed by the Commission.

Let me discuss Mrs Padma’s order first:

1.  My RTI application relates to inspection of files at AIIMS through which user charges were introduced at AIIMS. Earlier the treatment was free at AIIMS. Lakhs of poor people from across the country used to come to AIIMS daily to get treatment. However, recently, AIIMS decided not to provide any free treatment and charge fee on actual cost basis, which suddenly made the treatment at AIIMS very expensive. One newspaper reported that this decision was taken at AIIMS without going through the prescribed process. I filed an RTI on 5.12.05 to inspect all the files through which this decision was taken. My application contained 18 questions, some of which were innocuous like copy of AIIMS Act, objectives of AIIMS etc.

2. I received no reply in 55 days.

3. I filed first appeal on 1.2.06. I did not receive any reply to my appeal. But I received a letter dated 2.2.06 asking me to come for inspection on 6.2.06. When I went for inspection, I was shown records related to 8 questions out of 18 asked by me. However, none of the files related to user charges were shown to me. They just showed me a copy of AIIMS Act, objectives of AIIMS etc.

4. I filed my objection on the spot. After inspecting whatever records were shown to me, I requested copies of some of them. I received a letter dated 28.2.06 asking me to deposit certain fee. However, according to sec 7(6), no fee can be charged if the public authority fails to provide information within the time limits specified in the Act. So, I demanded that I should be provided information free of charge.

5. I filed second appeal in March 2006. The Commission sought comments from AIIMS, who informed the Commission that they had shown me all the records and had asked me to deposit fee but since I did not deposit fee, they could not provide information.

6. Obviously, AIIMS misled the Commission because they showed me records related to only 8 questions. And that the fee should not have been charged as per sec 7(6). I had already mentioned these details in my appeal.

7. Based on the reply filed by AIIMS, Mrs Padma has disposed off my appeal, without giving any hearing or listening to me. She has asked me to file first appeal again. I had already filed first appeal, for which I did not get any response.

Mr Habibullah, if this had been one order, I would not have bothered you. Please read below, some of the decisions:

1. The process of petrol pump allotments is always mired in corruption. Manish Dnyaneshwar applied for a petrol pump. He did not get it. Under RTI Act, he asked for copies of all applications and marks given by interview board to each applicant. Mr Ansari ruled that such information couldn’t be provided, as it would violate the privacy of the interview Board and the applicants.

2. One often hears that corruption and nepotism guide promotions within the Government. Tapas Dutta wanted copy of minutes of meeting of Departmental Promotion Committee in one of the Government Departments. CIC ruled it could not be made public as it would violate the privacy of candidates.

3. A Government officer faced corruption charges. But no action was taken against him. Ravi Kumar wanted to know whether the Government proposed to take any action against that officer, CIC denied even this information.

4. In a completely bizarre judgement, in the case of AXS Jiwan, Ansari ruled that one cannot ask for any information, which could be replied in “yes” or “no”. In another case, Ansari ruled that you cannot ask any questions which started with “why”, “when”, “whether” etc.

5. In one case, Ansari laid down a new rule, “The expected benefits from disclosure of information should invariably outweigh the costs of providing it.” This is nowhere written in the Act which was passed by the Parliament.

Many applicants have reported that Mr Ansari and Mr Tiwari are extremely rude to the applicants. Yesterday, in the case of one of the applicants called Ajay Goel, the PIO did not turn up for hearing. Rather than passing strictures against the PIO, Mr Tiwari started screaming at Ajay saying, “You RTI activists have nothing to do. You are just wasting the time of the Commission and the Government.” This person had merely sought to know the status of his complaint filed at local police station. I think it is just a matter of time before the applicants will start replying back to the Commissioners in the same tone.

We have really started wondering whether we are wasting our time, money and resources in filing applications, and spreading RTI when they have to meet this fate at the Commission.

All these judgements are clearly in violation of the provisions of RTI Act 2005. Interestingly, all this information were available to the people and they were obtaining it under the State Right to Information Acts so far. These orders of the Central Commission have not just re-written the RTI Act 2005, but have also changed the very concept and definitions of information and right to information in this country, which the Commission is not empowered to do. If the process of petrol pump allotments, process of promotions in Government etc cannot become transparent, one wonders, what is right to information meant for. The catch is that the problem does not lie with the Act. The Indian RTI Act is said to be one of the most progressive Laws in the world. The problem lies with its interpretation. When former bureaucrats were appointed to the posts of Information Commissioners, doubts were raised whether they would really have the will and strength to make governance transparent. The worst fears are now proving true.

I am copying this letter to several yahoogroups to seek comments from other friends as what do they feel about Commission’s functioning.

I would appreciate your comments. Also, do you think there is anything within your powers as CIC to rectify the situation?

Regards

Arvind Kejriwal