Skip to main content

Overall trend towards lesser transparency despite strong Right to Information law

By Bharat Dogra 

India has a strong Right to Information (RTI) law that has been considered a model law by many countries. Despite this, in recent times, there have been several complaints that RTI applications are leading to rather evasive replies that are not very helpful leading to more need for appeals to get proper information. Unfortunately, however, even after appeals the proper information is frequently not becoming available in time, one reason being that the arrangement for timely responding to appeals has been weakened at many places. While the situation may not be the same in all the states, an overall decline in the ability to get timely and proper information has been noticed widely.
This is very unfortunate, for at one time India had appeared to be emerging as a leader in RTI-driven transparency. While the situation at the turn of the century was that RTI laws were being enacted or seriously considered in several countries, two factors added to the strength of the RTI scene in India. One was of course the relatively stronger law that emerged here after a lot of efforts and fiddling with much weaker versions of this law. Secondly, a remarkable part of the situation in India was that the entire movement here had emerged from a strong grassroots struggle of workers and peasants in Rajasthan for information relating to their daily survival needs. They were asking for information relating to drought relief or rural employment work, for payment of legal minimum wages for such work or for the delivery of subsidized food ration to the poor which was of critical importance for keeping away hunger from their huts. This movement initiated by the MKSS (Mazdoor Kisan Shakti Sangathan or Organization for the Empowerment of Workers and Peasants) was soon joined by several other organizations and movements in India and dharnas or sit-ins were organized in several parts of Rajasthan to demand RTI. It was only after several protests and much delay that the Rajasthan government accepted the idea of right to information in the right spirit. Meanwhile efforts emerged in other states like Maharashtra too to demand RTI.
Senior activists from the Rajasthan movement such as Aruna Roy harnessed the strength of their grassroots movement to create a national campaign committee for people’s right to information. This had very senior journalists like Kuldip Nayar, Ajit Bhattacharjee and Prabhash Joshi , highly respected activists like Aruna Roy, Nikhil Dey and K.G.Kannabiran and those with rich administrative and academic experience like Harsh Mander and Shekhar Singh.
Thus a national campaign called NCPRI combining grassroots efforts with efforts to reach governments as well as influential people in civil society, academia and media took shape. This first led to some state level laws and finally to a RTI law for the entire country (2005).
This law started being used very extensively within a short time, hence testifying to the need for such a law. RTI almost became a household word among significant sections of the population and people started looking forward to using it in the context of several problems they faced, leading to interesting results. The government was also called upon by the legislation to suo motto make available a lot of its information, leading to the entire system becoming much more transparent than before. All this certainly contributed to the betterment of democracy in India.
However more recently some of these gains have been eroded. The entire system created by the RTI law depends to a significant extent on the functioning of the central and state Information Commissions. Unfortunately these have been weakened and understaffed so that their ability to ensure proper implementation of RTI has declined. An amendment in 2019 of the RTI law increased union government’s control over information commissioners. Then the Digital Personal Protection Act enacted this year has made it more difficult to get some information needed for social audits as well as some information relating to powerful and influential persons.
Several rules which are made regarding the implementation of RTI laws have also been such as to make it more difficult to use the RTI law in various ways.
The overall trend towards lesser transparency is also evident in less than enthusiastic suo motto disclosure of information. When efforts at higher levels to pursue steps in the direction of greater transparency are missing, the overall system also tends to fall into the same pattern of lesser rather than higher transparency.
Certainly the need for transparency is increasing in the present day world and people’s efforts to make our systems more transparent must continue and must be strengthened at various levels.
---
The writer was the first Convener of the National Campaign for People’s Right to Information and has contributed several articles, booklets, primers and books on RTI

Comments

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit.