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RTI- can it deliver?

Vijay Sappani - November 02, 2005

After long anticipation, the Right to Information Act (India) came into effect on October 12, 2005. It is similar to the Freedom of Information Act in the US and Canada.

Such an act has long been in place in most developed countries and the irony is that public disclosure acts are more needed in countries like India than the developed ones. That being said, it is finally here and now the question is, will it live up to its expectation or will it face challenges with our bureaucratic babus.

RTI is a powerful tool that will enable the common man to have access to information at Central and state government departments (excluding J&K and a few restricted departments). The act specifies what is open to disclosure and what is not. So the success of RTI will depend on understanding it and using it in its best possible form by the civil society to hold our government(s) accountable. RTI would be helpful to eradicate corruption and promote transparency and accountability in the working of every public authority.

The government is appointing Public Information Officers (PIO) in all administrative units or offices under it to provide information to the citizens requesting any information under the Act. Under the rules of the act, citizens will have to pay a nominal fee from Rupees 2 to Rupees 50 depending on the service sought and there are pre-set timelines with which the PIO must comply. Like the Canadian model, the government is also setting up a Central Information Commission (CIC) with 10 Information Commissioners (IC) who will be appointed by the president. CIC will be an independent body that will monitor and arbitrate complaints against the functioning of the system and redress the issues; at least theoretically.

So that’s a gist of RTI in simple words and I encourage every citizen to visit the Right to Information Act web page set up by the government.

There are three areas of concern within the current system.
All Public information officers, Information commissioners and other senior positions are appointed by the government and the President’s office, wherein most of those appointed so far are former bureaucrats, who can bring their work habits here and slow it down.

RTI will help citizens find areas of corruption, which in most cases would have been known to people prior to RTI; but the key here will depend on how citizens can use the documented information to hold those involved accountable. Citizens using RTI can be threatened, harassed or even assaulted by individuals/gangs that aid public departments in their corrupt practices. An increase in human rights violations can be expected especially in rural areas and states with high mafia-police nexus activities. The government needs to step up to bring in measures to protect the citizens using RTI. Canada and the US along with some other countries also have what they call a ‘Public Service Whistleblowing Act’. This act provides protection against employment reprisals for employees who make complaints against their employers for the alleged violation of any central or state legislation. The government of India needs to bring in such an act that will encourage more public service employees to come out with information that will bring accountability and better transparency in the functioning of our bureaucracy.

Finally the law does not apply to political parties, religious groups and non governmental organizations. India is no stranger to controversies and riots from these sectors and citizens should have the right to know where they get their funds from and how they spend it. RTI should be extended to these groups especially those receiving funds from outside India. This is not the first time India has passed a historic law by popular demand and will not be the last time either, but time and again we have seen that the enthusiasm doesn’t last long, and the people’s will to hold our government accountable is soon lost; like the promises of our politicians. The success of RTI and eradication of corruption in India will depend primarily on the motivation of our citizens to overcome the challenges that come with it and hold our government(s) accountable and bring a positive change to our immediate society.

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Posted by Vijay Sappani at November 2, 2005 08:38 PM

Comments

Well you should look at what is happening in Paris, it could be happening there soon.

People are coming to realize governments are used by a "big steal with the pen" criminal enterprise.


Your Information Act is a good step in the right direction so there must be some good people left in government.

Perhaps there is hope.

Vijay,

Thanks for a very informative and enlightening piece on the RTI. I am extremely optimistic about the outcome. It is perhaps the first step in cleaning up public life. Actually it has been operating in Maharashtra for quite a while now and has produced results. It's a beginning. I also think there are enough enthusiasts around who keep utilising it and slowly we will all realise that it works, frankly it's really upto us to keep it working and take advantage.

Another point about the PIOs, as you rightly pointed out the drawbacks of getting bureaucrats to give out information which will get their own camp in trouble. I think that too will change slowly. The one practical problem currently is that each PIO is responsible for specific queries. The problem with that is that it is upto the citizen to find out where and to whom precisely the request is to be given. This has caused confusion at times and made the whole process a merry go round in some cases. It would be nice to have any PIO, in the same organisation, accept every request and forward it to the concerned staff for reply. I don't see why this cannot be done. If a person within the organisation is not sure of exactly who deals with which request how is an ordinary person to know? Perhaps with adequate feed back this can get sorted out.

I also feel that slowly pressure is going to build up on political parties to become transparent too at least with regard to their financing. It may take time it should hopefully happen.

Well the crickets started so off I go. Enjoyed your post. :)

Vijay, Kudos to the current govt. for passing RTI law. Though it is not a fool proof one, it is a good starting point. We will see how it goes as far as implementation is concerned.

"Finally the law does not apply to political parties, religious groups and non governmental organizations."

But this is where it is most needed!

Also, I wonder if it would be possible to have the information made available on the internet (for the same fee). Accessibility is key. In the US a lot of information was in the public domain but nobody really accessed it - up until the age of the internet.

India badly needs full financial disclosure for all public servants. Anyway, at least this is a good first step.

Divya,

I don't think you can access it online at this time. You will have to make a nominal payment of Rs.5 for an application, Rs2 for A4 photocopy or Rs 50 for a video and this information can be obtained only from the office, but available in an electronic form. So you can get it in a disc, or video if needed.

This is the official RTI site.
http://www.persmin.nic.in/RTI/WelcomeRTI.htm


Good Post. Every Indian should know about this Act and should use it to hold your governments accountable. In my visit to India, I could see the real urban -rural divide. This law can bring a change to that. good job , Vijay.

"India badly needs full financial disclosure for all public servants."

This is the most vital one. From top to bottom, they need to be transparent.

My main concern is how good is the implementation of RTI going to be. What is the assurance that a person who seeks information will live to see the information? We have a long way to go.

There is very little interest shown by the media or people in India and that is not a good sign of a functioning democracy. you will have to get more media and civil rights groups to take the message to the grassroots and get the people of India to champion it.

This bill can bring a change to the sufferings of the poor and serve as a powerful tool for civil rights groups. India is finally waking up , but the people are still sleeping. WAKE UP INDIANS!

i dont think many Indians know about the RTI...most of the population(70%)live in rural areas who dont care tht much abt information..their main concern is survial..
those in the cities dont want to unnecessarily involve themselves... as everyone in India knows tht this will be agenda which never will be practised..i sound bit pessimistic but i hav huge doubts whether anything will be achieved from RTI...
if the council for RTI is not corrupted then may be some reults can be achieved..

Tragicly, here in Canada; yes, we have the Information Act; however, the government, upon being scandalized this past ten years; has established a high-cost fee for the information.

They continue to also lengthen the red-tape process.

But, at least Canada has it; however the government now manipulates it; and I am so glad to see rights to Information about Government happening in India! Right ON!

Let's hope; it will lessen corruption with open gates to information such as this will offer.

This is a wonderful celebration.
North

In 2001-2003, the Canadian government was trying with a fever; to adopt through a bill, C-36; to instill law that every person on assistance, be subjected to drug/alcohol random testing.

I was a strong advocate back then; and wrote damning letters, published in newspapers; calling this act a violation of privacy.

I then, of course, used statistic study; that many government workers, teachers, doctors, lawyers, nurse's, etc. were actually alcoholics and junkies too; but able to hide it in secret because of their work-force status. Lots' of stats on this to support addictions is not immune to the working class and upper status quo.

So, anyway; I therefor proposed, that ALL working/assistance beings in Canada; be subjected to the testing, in particualrly; government, doctors, nurse's, teachers, etc. whom in my opinion should be just about "pure."

Well, the subject hasnt' come UP, in 2 years(wink.)

Had to mention this; because NOW, India will have freedom, to explore alternative government, find accountability; and prevent abuse of human rights violations. Hurray!

North

Preethi,

Your comments are the truth of the nature of the Indian society, but you need to change that. If educated people wash their hands off, then they should stop complaining about politicians. It's the educated people like us who have to take the battle and bring awareness and it doesn't look difficult at all from what it looks.

We should not judge before we try and we should encourage every one in India to get to know more about it and use it when needed.

North,

I like your enthusiasm. Canada and India are two different situations. People in Canada complain about not getting enough TV coverage of hockey and people in India are not gettig enough food to eat. This a great victory for the people of India, if they use it wisely.

Outstanding. Now if you can educate the general population as to it's importance.

Wow! This is great news! I just can't beleive that India can brig such a law. I hope we can now rip all our corrupt politicians and officers and bring a new ray of hope for India. Thanks for letting us know.

I am quite surprised. The talk about this law has been there since UPA Govt. came to power and it has been passed a month or two back. But I find that many Intentblog visitors come to know about this law from Vijay's post. Is it the failure of our media to highlight such an important law and create awareness about this law? If the media could not create the awareness among educated people, how this is going to reach rural people and uneducated poor? I am happy that Vijay wrote about this.

hello TorontoGrit: yes, I know. And this is why I mentioned I thought it a great celebratin for India.

A new door, has been opened India. Let's all envision; the first step IN: will take India far, into the manifest, towards peace and an end to poverty.

To close: TorontoGrit; I am not one in Canada; reaping the wealth; I am middle-aged, on disability; life is not kind; and I resonate deeply with the people in Asia; cold, hungry with no vision for hope, discriminated against and used as corruption bargaining tools. I know all this too well myself. Just had to mention that; so you wouldn't see me as I am not(gentle smile.)

And, thanks for the nod about my enthusiasm; I do try(smiles) though I often fail at really expressing what I mean accurately.

North

Krish and others
On your comment "What is the assurance that a person who seeks information will live to see the information? We have a long way to go."
The Act has timelines as to by when the PIO has to reply depending on the case. It varies from 5 days to 30 days.If a PIO fails to do that then the case can be taken to the CIC, which is an independent body. There are timelines for them to follow and provisions to charge them if they don't do it, but I agree this is India, it does take time and anything can happen. "How much time"? that depends on how much we can hold them accountable. I think this will also answer in part your comment Preethi. Most people still don't know much about RTI and thats one of my reasons to blog on it. The more people know and use it, the better the results and faster the message gets carried around.

I agree with TorontoGrit, that media and Civil rights groups also play a vital role in spreading the message and using it wisely.

North,I know the challengs with Bill C-36, and I think its basically a human rights violation. We hope that things will improve with these acts, both in Canada and India.

Sad isnt it Vijay; about rights violations in India that keep the impoverished where they are; and yes, even in Canada(much to many surprise); and yes; I am hopefull that not too far into the future; an end to hunger and poverty will be witnessed by each of us, in our lifetime.

I am quite happy for India's positive envancement right now, Vijay; let us hope it is just the door opening; and soon the changes for good; will bear fruit from it's newly vast, possibility's.

North

North,

No offence meant, I meant to say that in India people are dying and suffering because of corruption and in Canada it is different. How do you think that the RTI in India can be used in India and the Freedom of expresson act in Canada be used to resolve problems that you have mentioned and other issues.What are your thoughts.

I want to ask other commentators what can be done to make the people of India fully aware of this.

hello TorontoGrit; good question; of which of course I have no application to follow towards change; I am inept at fine-tuning global solutions and humanitarian visions.

However, I think you and I were actually in agreement on most forms.

I envision more people in India emancipating themselve's from fear; when they have the documentation to support corrupt politician's that will ensure purifying of the system which govern nations.

I am quite optimistic for the future of India and all of Asia; if people would lay down their weapons; lay down their religions; and strive in brotherhood to save this planet and each of us.

Priority will follow in India; and I am praying; endlessly it seems(since I was a teen) for all of Asia's and Africa's government's to care for their people.

What frightens me here in the supposed land of the free; is I am free to an "extent" and the rest of the lane is marred with social stigmatism, labels and injustice descrimination.

It is here too, trust me; in my beloved Canada. It is everywhere; and poverty to me, is a social and moral disgrace of our race.

We call ourselves supreme beings of the earth; and yet, we would not feed a lost soul, nor house their children in some countries. It upsets me to no end.

So, yes, I do see a positive movement in effect for India; this is just a small step for their emancipation for justice against tyranical rule and immoral acts of poverty.

North

Vijay, you got me wrong. I didn't talk about the time limit. I was talking about any retaliation on the person who requests such information. Will the privacy of the person be respected or he will be exposed as it happened in the previous NDA regime to an IIT graduate who told PMO about the corruption in the Golden Quadrilateral project. In my opinion, this is something we have to be concerned knowing the way things happen in India.

Krish,
Gotcha, You are right. But I'm not sure how many people they can knock off. I have heard of huge line ups for RTI, some could have been created by them to delay and discourage the people waiting, but reports of using it in TN, Karnataka and few other states have not been bad; definetly there is room for improvement.

Indian Constitution

Dear Reader,
Further to the goodness that has come with RTI Act, the main war on the bureaurocracy and corrupt political system is yet to start in an effective manner.
The whole country should be put under the President' rule. The present government should be directed to spread awareness among the masses about the significance of the Constitution.A year of educational awareness campaign should be conducted. The government should also hold a referendum asking the people of India as to what type of governance they want.
This is essential because the Constitution of India is null and void, since it has been adopted in the name of the people of India without first obtaining their mandate/sanction. The Constituent Assembly as well as the interim government which adopted it on 26.1.1950 ( i.e. prior to the formation of the first Lok Sabha - a duly elected body by the people of India on adult suffrage in 1952) were a nominated body, - nominated by the foreign rulers, and the Constitution is nothing but a copy of the Govt of India Act of 1935.
Above all, the result/frustrations/system failure - its admission on the floor of the Lok Sabha by Dr Manmohan Singh, the then FM - are a proof that the people who adopted the Constitution and the Constitution both have failed the people of India. It is, therefore, necessary that we hold a referendum, like the European Union held even when its members states wanted a decision regarding membership and a common currency. That is a sign of a mature government showing respect for the will of the people.

Thanks

Mohan Shandilya

Very interesting post. Time will tell how our people make use of this law. It is very encouraging to see our politicians enact this and it will take atleast a year to clear all the bugs and make it work smoothly.

I was wondering; good point made above; about the fear of retaliation against people seeking privy info on government. Will the mandate include protection with annonymity; of whom is filing for the information?

Also; I am wondering how far into the past; that the new law will extend; for people with past grievance's against government; and seek closure? A ten year period perhaps?

I am not Asian, but, being middle-age with global awareness of my host planet; I've come to learn a bit of current events.

And, I am so glad, that I am taking part of witness to this wonderful new opportunity for the Asian Community.

I hope one day, Africa too; will find secure forms of good government and freedom that comes with an RTI Act.

It is great to see this new beginning.

Congratulations to all involved in this process getting moved. It has been a long work of commitment and dedication by so many, for so long; to bringing the rights and freedoms of the Asian people; to it's proper place, in this new, more modernizing technological global community.

North

VJ,
Good useful information, but as everyone says how credible is it going to be for Indians? Can people in India be transperant?

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