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The Right to Information in India: Implementation and Impact
Smita Srivastava
(Associate Professor of Political Science, St. John’s College, Agra, India)
ABSTRACT
The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance)
Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic
journey. It is five years since the RTI was passed; the performance on the implementation front
is far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of
the public authorities and the people is not as it was expected to be. Most of the people are still
not aware of their newly acquired power. Among those who are aware, a major chunk either
does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more
stimulation by the Government, NGOs and other enlightened and empowered citizens can
augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in
public life but also in alleviating poverty- the two monstrous maladies of India.
India always took pride in being the largest democracy, but with the passing of the Right to
Information Act in 2005, it has also become an accountable, interactive and participatory
democracy. This right has catapulted the Indian citizen on a pedestal from where he can take
The Business plan on Securities Exchange Board of India
In 1988 the Securities and Exchange Board of India (SEBI) was established by the Government of India through an executive resolution, and was subsequently upgraded as a fully autonomous body (a statutory Board) in the year 1992 with the passing of the Securities and Exchange Board of India Act (SEBI Act) on 30th January 1992. In place of Government Control, a statutory and autonomous regulatory ...
stock of administrative decisions and actions and make sure that his interests are protected and
promoted by the Government. The Right to Information Act is an important landmark for
Indian democracy. By this Act the citizen of India has been empowered like never before. He
can now question, audit, review, examine, and assess government acts and decisions to ensure
that these are consistent with the principles of public interests, good governance and justice.
This act promotes transparency and accountability in administration by making the government
more open to public scrutiny.
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Before this Act, the accountability of public authority was practically minimal. The people who
voted for the formation of democratically elected governments and paid taxes to finance public
activities had no legal rights to know as to what process has been followed in framing the
policies affecting them, how the programmes have been implemented, who are the concerned
officials associated with the decision making process and execution of the schemes and why the
promises made for delivery of essential goods and services to the poor have not been fulfilled?
Not surprisingly, the culture of secrecy beginning from the colonial rule till the first six decades
of independence fuelled rampant corruption. Lack of openness and accountability in the
functioning of the government not only bred inefficiency but perpetuated all forms of poverty,
including nutritional, health and educational. In order to rectify the deficiencies in the
mechanism, which denied the reach of entitlements to the intended beneficiaries, the people in
general and civil society groups and non-governmental organizations (NGOs) in particular,
demanded for greater access to the information held by the public bodies, which were acceded
to by the Government in 2005. Information can empower poor communities to battle the
The Essay on Government And Individual Country People Decisions
Alexander Hamilton was a brilliant member of the federal government whose political principles were based on the idea that the greatest threat to political stability was anarchy rather than monarchy. He believed that the government should be left in the hands of a concentrated few, and that those chosen would lead the country into prosperity. He did not think the swinish multitudes capable of ...
circumstances in which they find themselves and help balance the unequa l power dynamic that
exists between people marginalized through poverty and their governments. (Puddephatt,
McCall, Wilde, 2006:6)
The Right to Information Act was passed on 15 June 2005 by the United Progressive Alliance I
(UPA) Government and came into effect from Oct. 12, 2005. It has been five years now since
the Right to Information is being implemented. It is sufficient enough a period to give us an idea
of its value and worth. This paper briefly discusses the salient features of Right to Informatio n,
reviews its implementation, explores its impact and attempts to offer suggestions for its
optimum use.
The Right to Information Act 2005, the RTI hereinafter, was enacted by the National Parliament
to dismantle the culture of secrecy and to change the mindset of the bureaucrats and political
leaders and to create conditions for taking informed decisions.
(Ansari, 2008).
The RTI
provides a framework for promotion of citizen-government partnership in carrying out the
programmes for the welfare of the people. The principle of partnership is derived from the fact
that people are not only the ultimate beneficiaries of develop ment, but also the agents of
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development. The stakeholders’ participation leads to better project and more dynamic
development. (Ansari, 2008)
The idea of Right to Information started taking shape in the 1970s only, with the liberal
interpretation by the judiciary of various fundamental rights specifically the right to freedom of
speech and expression. In the case of Bennett Coleman and Co versus the Union of India in
1973, the majority opinion of the Supreme Court then put it, ‘freedom of speech and expression
includes within its compass the right of all citizens to read and be informed.’ The 1981
judgment in Manubhai D. Shah versus Life Insurance Corporation reaffirmed the point: ‘The
basic purpose of freedom of speech and expression is that all members should be able to form
their beliefs and communicate them freely to others. In sum, the fundamental principle involved
The Essay on Local Government Act Business Federal
Government Regulation of Business I. Authority of Government to Regulate Business 1) Authority derived from statutes passed by Congress or state legislatures. 2) Police Power- Under our Federal system, state and local governments have a basic power to provide for the general welfare of the public. a. power to regulate business activity to promote the public interest is controlled by this 3) ...
here is the people’s right to know’.
(Sukumar, 2005) There have been numerous cases
favouring disclosure of government information and transparency. As a result of a lack of clear
legislation on this, people had to knock at the doors of courts every time they wanted to enforce
this right. Courts have almost always responded positively. But this course at best restricted
enforcement to the aware and the literate for their own limited concerns. The common citizen
had neither the means nor the time and inclination to get into convoluted legal processes and
even public interest litigation was a tool which could reach only a few. The movement for the
RTI received a fresh impetus from a courageous and powerful grassroots struggle of the rural
poor for the right to information to combat rampant corruption in famine relief works. This
struggle was led by a people’s organization, Mazdoor Kisan Shakti Sangathan (MKSS) that
literally means organization for the empowerment of workers and peasants. The reverberations
of this struggle led to a nation wide demand for a law to guarantee the RTI to every citizen, with
wide spread support from social activists, professionals, lawyers and media who are committed
to transparent and accountable governance and people’s empowerment. Growing public concern
about callousness and corruption in government resulted in a clamour for greater transparency
culminating in a demand for a RTI Act. The consumer protection law created and strengthened
the notion of citizens as consumers of government services. The MKSS movement in Rajasthan
was a turning point in the RTI movement and showed that even illiterate, socially mute and
exploited labourers could assert and get their other rights conceded by invoking the RTI. (The
Hindu 2002)
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The Government of India, based on the recommendations of the Chief Secretaries’ conference
The Essay on The Impact of Information Technology on Governments and Educational Organizations
The Impact of Information Technology on governments: The Information Technology has revolutionized the government in servicing citizen. The nation consists of many varied information. All the information collected in the advanced database system and the concern department can retrieve the data from the single database. simple example in our Indian Institution is Public Deliver Systems ( ...
on “Responsiveness in Government,” appointed the Shourie Co mmittee to suggest a draft RTI
Bill. The draft, called the Freedom of Information Bill 2000 was passed into law in January
2003.But the law was not notified and finally repealed. In the mean time several State
Governments
had
already
passed
their
own
versions
of
RTI
Acts.
For example, in 1997 the RTI was passed in two states Tamilnadu and Goa. Soon other states
followed. By 2005, nine states had passed RTI but with the passing of RTI by the Union
legislature, the State level RTI became redundant. The RTI Act 2005 applies to the whole of
India except Jammu and Kashmir (J.K.), but J.K has its own RTI. Act. People in these states
took recourse to the various provisions of transparency norms to obtain information held by the
public bodies.
Salient Features of the RTI Act 2005:
The Right to Information is a well-formulated Act. The Act is based on the premise that
democracy requires an informed citizenry and transparency of information.
The Right to Information Act contains six chapters and two schedules. Chapter 1 is entitled
‘preliminary’ and explains the various terms like appropriate government, public authority,
information, record, third party etc. Chapter 2 contains obligations of public authorities. Chapter
3 deals with the Central information commission while Chapter 4 describes State Information
Commissions. Chapter 5 is about the powers and functions of the Information Commissions,
appeals and penalties and Chapter 6 has all the miscellaneous things. Schedule 1 contains the
oath to be taken by various levels of Information Commissioners. Schedule 2 contains a list of
intelligence and security organizations established by the Central Government. RTI is for the
right of any citizen of India to request access to information and the corresponding duty of
Government to meet the request except the exempted information (Sec.8/9).
The Term Paper on Indian Railways and Right to Information Act
... Act, any citizen (excluding the citizens within J&K) may request information from a 'public authority' (a body of Government or 'instrumentality of State') ... While the Delhi RTI Act is still in force, Jammu & Kashmir has its own Right to Information Act of 2009, the ... the focus areas for the project. Right To Information Act The Right to Information (RTI) Act is a law enacted by the Parliament ...
Some of the important terms explained in the Act are as follows:
(“information” means any material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
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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;)
“public authority” means any authority or body or institution of self government established or
constituted –
(a) by or under the constitution;
(b) by any other law made by parliament;
(c) by any other law made by the State legislature;
(d) by notification issued or order made by the appropriate Government and includes any –
(1) body owned, controlled or substantially financed;
(2) non Government organization substantially financed, directly or indirectly by
funds provided by the appropriate Government;
“right to information” means the right to information accessible under this Act which is held by
right under the control of any public authority and includes the right to –
(i)
inspection of work, documents, records;
(ii)
taking notes, extracts or certified copies of documents or records
(iii)
taking certified samples of material
obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts where such information is stored in a computer or in any
other device.
There are some obligations for the public authority given in S4 (1).
According to it 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 computerized are, within a reasonable time and subject to availability of
resources, computerized and connected through a network all over the country on different
The Essay on Information Technology Acts 3
These days no matter where you look there is some type of information technology in your presence. It can be seen while someone is walking, eating lunch in a cafe or even driving on the expressway. Information technology is available at their fingertips. It is amazing that you can reached by a loved one, an employee or employer, a friend and sometimes people you don’t want to reach you e.g. ...
systems so that access to such record is facilitated.
Process
Application has to be submitted in writing with prescribed fee to Public Information Officer
(PIO).
PIOs will be there in each department/agency to receive requests and provide
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information.
Assistant
PIOs
will
be
at
sub-
district
levels
to
receive
applications/appeals/complaints.
Information has to be provided within 30 days, 48 hours where life or liberty is involved, 35
days where request is given to Asst. PIOs, 40 days where third party is involved and 45 days for
human rights violation information from listed security/ intelligence agencies. No action on
application for 30 days is a deemed refusal. (There is no fee for delayed response.)
Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for i.
ii.
delaying information release without reasonable cause;
iii.
malafidely denying information;
iv.
knowingly giving incomplete, incorrect, misleading information;
v.
vi.
not accepting an application;
destroying information that has been requested and
obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the
power to impose this penalty. The Information Commission can also recommend
disciplinary action for violation of the law against an erring PIO. (S.20).
The
Information Commissions have the power of Courts.
The Act establishes a two-tier mechanism for appeal. The first appeal lies to an officer
within the organization who is senior in rank to PIO. The second appeal lies in the
Information commission. The jurisdiction of the local court is barred under sec 20 o f the Act
The Central/State Information Commission has a major role in enforcing the
implementation of the provisions of the Act as well as for educating the parties mainly
information seekers and providers. The powers vested with the Information Commissioners
who are appointed by the President of India/Governor of a State, ensure effective
implementation of the Act.
Role of the Central and State Governments:
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The role of the Central/ State governments include interalia the following:
1 Develop educational programmes for the public especially disadvantaged communities on
RTI.
2 Encourage Public Authorities to participate in the development and organization of such
programmes.
3 Train officers and develop training materials.
4 Compile and disseminate a User Guide for the public in the respective official language.
5 Publish names, designation, postal addresses and contact details of PIOs and other
information such as notices regarding fees to be paid, remedies available in law if request is
rejected etc. (S.26)
Exemptions:
The following organizations are exempt from the RTI Act [S.8)]
Nineteen government organisations are exempt from the RTI Act. These include intelligence
agencies like the Intelligence Bureau, Research and Analysis Wing, Directorate of Revenue
Intelligence, and Central Economic Intelligence Bureau etc. Research bodies working with the
country’s security apparatus are also immune to the law, as are paramilitary forces.
The Directorate of Enforcement, Narcotics Control Bureau, Special Ser vice Bureau, special
branch of the police in the Andaman and Nicobar, Lakshadweep and Dadra and Nagar Haveli
are excluded from the Act. These organisations are, however, required to provide information
under the Act if the panel believes the appellant’s query relates to a case of corruption or abuse
of human rights.
Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions listed
above, a public authority may allow access to information, if public interest in disclosure
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outweighs the harm to the protected interests. The categories of information exempted from
disclosure in this Act are kept to a bare minimum.
Reasons for seeking information are not required to be given. People belonging to below
poverty line do not have to pay any fees for seeking information.
The Right to Information is a product of both institutions and culture. Institutions are shaped by
laws and the structure of Government. Culture is rooted in the history and practice of
Government as well as in the broader traditional understandings of the accountability of leaders
and of what constitutes representation. Culture is often more powerful than formal
arrangements, particularly in societies that are undergoing a process of democratic transition
and /or whose political systems still reflect traditional social methods of interaction.
(Puddephatt, et. al.:10)
Implementation:
The right to information has been there for five years now. It’s time to reflect on its
implementation and impact. A perusal of its salient features makes it clear that its
implementation requires the formation of Information Commissions, appointment of
Information Commissioners and PIOs at the Centre and in the States, the training of PIOs,
punishment of the erring officials, obligation on the part of the government to bring
departmental information in public domain, and creating awareness among the public especially
the disadvantaged groups. The record of the Central and various State Governments and
Information Commissions and PIOs on the above-expected roles has been mixed so far. There is
variance in performance between and within states explained largely by the commitment of the
state government and the quality of the officials concerned.
Information Commissions have been formed but the general opinion is that the Commissioners
have a lackadaisical attitude. It has been found that the Central Information Commission is in a
complete mess. The Commissioners at the CIC hear on an average 3 or 4 case a day. Files are
lost and the appellants have to repeatedly file their cases. Cases come up for hearing after seven
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months or so. Commissioners are unwilling to impose penalty on guilty officers.
This
encourages the PIOs to refuse requests for information at the first level. This means that a good
portion of applications ultimately graduate into appeals before the CIC. (Kejriwal 2007)
The orders of the CIC are disturbing for many reasons. It has passed several orders wherein one
or both parties have not been heard. This violates principles of natural justice. The CIC must
have decided over 2,000 cases by now, of which a negligible percentage (about 5 or 6 decisions)
impose any penalty on officers. With such misguided soft approach of the CIC, guilty officers
merrily go scot-free. This can create doubts in people’s mind about the efficacy of the RTI Act.
(Kejriwal, 2007)
It is unconscionable that the very body created to bring about greater transparency in the
working of public bodies is itself unable to furnish any information about its own operations.
The Central Information Commission, which oversees the right to information, has failed to
provide even basic information about its own, like the number and st atus of cases and appeals
pending with it. It has been accused of not keeping any records of judgments and orders passed
on RTI application or of pending cases.
In States also, the picture is not very promising. There is political pressure at the state le vel,
which means that information commissioners cannot function freely, and have to tailor their
judgments to suit the needs of politicians.(Kejriwal,2007) Village secretaries are also supposed
to assume the role of information officers (in each panchayat ) under the RTI Act, but according
to Dileep Reddy a State Information Commissioner in AP, in many villages the sarpanch has
usurped the role of information officers, which is against the law.
At Maharashtra State Information Commission, 16,500 cases are waiting to be heard –
considerably more than the 10,000 cases disposed off in the past two and a half years. In a
contentious meeting on 22 August 2008, the State Information Commissioners invited RTI
activists to attend their hearings and suggest ways to improve their performance. (A group of
RTI activists attended 96 hearings between 27 August and 10 September 2008 and made
records of the hearings that they witnessed.)
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The team of RTI activists found that several issues were in need of urgent attention e.g,
1. Ambiguous orders
2. Lack of proper procedure for recording orders.
3. Total lack of accountability as to when written orders will be given.
4. No penalties imposed even on PIOs who have denied information without any justification.
5. Arbitrary refusal of information for reasons not justified by the RTI Act .
6. Information Commissioners arguing on behalf of public authority, manufacturing imaginary
justifications for denial of information when PIOs are not present to represent their own case.
(Gandhi, 2008).
In Bihar State Information Commission (SIC), spokesperson admits that some officials are
hesitant in sharing information. Things have improved though after PIOs were posted in each
government department. Nine thousand odd cases against denial of information have been filed
in the SIC and that 236 officials have been fined for delay in answering applications.
In Uttar Pradesh, the State Information Commission has formulated rules and regulations for
implementation of the RTI Act without seeking public opinion. The matter came to the attention
of RTI activists after it was posted on the Commission’s website. They point out that the rules
are meant to make the process of seeking information so complex that it acts as a deterrent and
forces the applicant to seek legal help. In UP, between April 2006 and March 2007, the total
number of appeals and complaints made under the transparency law stood at 9946. Of these, a
total of 4088 appeals and complaints were pending disposal. The Uttar Pradesh SIC has failed to
maintain the required data in the website in compliance of the Act. When contacted the UP
Information Commissioner said that they have a lot of cases but do not have staff like data
operator or web designer. (The Indian Express, 2008) A surve y conducted by a group of RTI
activists in UP showed that at least 300 applications are filed under RTI every day and the
average time taken to dispose off an application in 80% cases is around six months. The survey
also says that the State Information Co mmission functions more as a subordinate to the
government rather than an independent body in providing information sought by the
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public.(Ghosh,2008) These examples give us a fair enough picture of the implementation of
RTI and compel us to contemplate on ways to improve the same.
Despite claims of massive training programs for PIOs in the states, there is no evidence to
suggest that they have made more people avail the Act or take up any follow up action. The
schedule and organization of training programmes hardly give a picture of seriousness and
strategic approach.
One year after the implementation of RTI a study using the state education ministries as a test
case, found that only 12 states and union territories’ education departments released over 35% of
the information required. Madhya Pradesh, Uttaranchal, Chandigarh, Punjab and Delhi — in that
order — were the top five states in the country to provide information on the education
department. Madhya Pradesh made public 87% of the information sought, while the figures for
Uttaranchal and Chandigarh were 70% and 64% respectively. Delhi provided 54% of
information sought, says the study.
Assam, Dadra and Nagar Haveli, Daman and Diu, Jharkhand and Sikkim were among the five
states and union territories that fared “very badly” in providing information under the Act. Other
prominent failures were West Bengal, Uttar Pradesh, Andhra Pradesh, Kerala, Bihar,
Chhattisgarh and Tamil Nadu, putting up only 5% of information required.
Kerala’s education department, which boasts a high literacy rate and superior educational
facilities, also did not fair well in providing information. The data was collected from the
websites of education departments of 27 states and seven union territories for the purpose o f
study. (Hindu, 2006)
But amid such dismal performances there are some salutary developments also. Recently, the
Centre, in a bid to strengthen the RTI division within the personnel department and for granting
financial autonomy to State Information Commissions has decided to launch a Rs. 300 crore
scheme under the Eleventh Plan to fund capacity building, training programmes, awareness and
educational campaigns relating to RTI. Bihar has started a unique experiment whereby RTIs can
be filed through telephones. The RTI call center in Bihar has been working since January 2007.
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Taking a leaf out of Bihar’s book, the department of information technology (DIT) has come up
with the idea of setting up an RTI call center which will allow applicants to seek informat ion
over the phone from any of the central government departments and organizations across the
country. (Mittal, 2008)
Some PIOs have implemented the Act in right earnest and people have benefited a lot.
Moreover several NGOs like Parivartan are contributing a lot in popularizing the Act and
optimizing its impact.
Impact
RTI Act is one of the most people friendly legislation ever. Thousands have benefited from it.
But it is true that more than five years after Parliament passed the Act in June 2005, the ro ad to
accessing the information remains arduous. RTI has made both tangible and intangible impact
on the system and its people. People have used the RTI tool to get their ration cards, passports,
pension funds, birth certificates, income tax refunds et . al. There have been cases when people
as old as ninety years and as young as nine years have taken recourse to RTI to get their work
done. People below the poverty line, disabled and blind people also have used it to their
advantage. Big scams have been averted by the use of RTI. e.g., when information revealed by
RTI exposed that 87% of wheat and 94% of rice meant for the poor were siphoned of by the
shopkeepers and foodgrain officers, steps were taken to streamline the system. (Kejriwal, 2006)
In 2007, data obtained under RTI inspired citizens to question elected representatives to stop a
scam worth over Rs. 6,000 crores in the Crawford Market redevelopment issues in Mumbai.
(Gandhi, 2007)
RTI Act has been incorporated in the National Rural Employment Guarantee Act (NREGA).
RTI has been judiciously used to expedite NREGA. For example, the villagers of Elengabalsa
village of Bandhugaon Gram Panchayat of Koraput district filed an RTI application to know the
number of job cards issued in the village; why all the households, who by this time should have
got the cards, had not received them; who were the officers guilty of violating the provisions of
the Act, etc. The RTI Act worked as a miracle. The Panchayat authorities issued 40 job cards
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within seven days of the RTI application; promised to deliver the rest within some days. In a
similar case in the Tumudibandh block of Kandhamal district, the Block Development Officer,
responding to an RTI appeal, immediately released 500 job cards promising to give the rest
eventually. Keeping aloft the spirit of RTI, section 17 of NREGA clearly dictates that the Gram
Panchayat must make available all relevant documents of the works done to the Gram Sabha for
social audit. (Baisakh, 2007) NREGA has brought thousands of people above the family
poverty line of Rs.28, 000.
The impact of the RTI can very well be gauged by a study by Rachna Sharma. It is
based on the action taken by her for release and payment of salary arrear from a Public
Institution under RTI 2005.The salary arrear of the employee for the period from
01.04.2002 to 18.12. 2002 was not released and paid by the employer in spite of several
verbal and written reminders made during three and a half years period. An application
was submitted to PIO concerned on 26 May 2006 to get information under RTI Act
2005 but very little information was provided. When an appeal was submitted to
Appellate Authority on 3 July 2006 some more responses were received and the salary
arrear payment was made to the appellant on 11 Aug. 2006. The impact of RTI
application in concerned division of the public institution was as follows:
Before RTI Act
After RTI Act
The staff was lethargic
The staff became active
The Staff did not have any fear
The staff had fear of RTI Act
The staff was not regular and punctual in The staff became regular and punctual
their duties
The staff was not feeling responsibility
The staff had started feeling responsibility
Proper action was not being taken by the All concerned officials became serious
staff on the complaints
about each and every complaint
Proper files were not maintained
All concerned officers and officials had
been asked to maintain proper files
The staff members were not conscious They became conscious about their duties.
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about their duties
The staff members were engaged in corrupt The corruption in the division reduced
practices
The authorities were not alert
The authorities became alert to avoid such
cases in future.
accessed on 30.7.10
Thus the impact of RTI is palpable. People do feel more empowered. Their bargaining power
vis a vis public officials has increased manifold.
Right to information has definitely resulted in greater transparency in governance. All the levels
of the Government – The Centre, states and local bodies, including village level panchayatshave put their records in public domain, through publications as well as internet in the regional
languages. RTI applications have annually increased by 8 to 10 times.
The implementation of RTI has been better in states that adopted RTI Act before 2005.This
means that with time its implementation and use would definitely pick up. The impact includes
its use by the general public and by the marginalized groups, change in the mindset and attitude
of people as well as the authorities.
On the flipside, there have been cases where information seekers were bullied, intimidated and
charged exorbitant money to get the information. When a social activist filed a simple RTI
query on the distribution of food grain and kerosene under the Public Distribution System
(PDS) in his district in Bihar, the supply officer sought a whopping Rs. 78,21,252 for providing
him the information. A person was even jailed in Bihar when he sought some information from
a district magistrate. Ordinary citizens fear physical retaliation in invoking RTI against
powerful people. This can, therefore, be attempted only by strong NGOs with an established
reputation and wide mass support or politicians with countervailing muscle power, and not by
ordinary citizens however patriotic and public-minded they might be. An ordinary citizen just
cannot muster the courage to walk into a police station and demand factual information on the
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detenus, duration of custody, prescribed documentation, etc. There are numerous cases of
torture and harassment against those seeking to invoke RTI. This ruins the spirit of RTI.
The fate of any law depends on the quality of those in charge of its implementation, the socio political culture of the system and the vigilance and participation level of the citizens.
A look on the RTI applications filed so far makes it evident that over 75% applications have
been filed by men. People in power or in system have used it more. Similarly people living in
metros have taken recourse to RTI more. Majority RTI applications are for personal reason or
advantage, many of them pertain to service matters. Most of the applications are by the same
people.
There is better response from authorities when innocuous information is sought. But when
information meant to expose some wrongdo ing is sought, information is difficult to come by
and those in power collude to torture the information seeker. But it cannot be denied that the
RTI has given a boost to the freedom of speech and expression. RTI’s role in corruption
reduction is impacting although in poverty alleviation it has not been felt as yet.
Recommendations and Suggestions:
Recommendations and suggestions to optimize the benefits from RTI have been pouring in
from various quarters. The report of the second Administrative Reforms Co mmission entitled,
“Right to Information – Master Key to Good Governance” recommends that the Official Secrets
Act, 1923, should be repealed, as it is incongruous with the regime of transparency in a
democratic society. Other key recommendations include total reorganisation of public records
for effective implementation of the Right to Information Act. An office should be set up in each
State as a repository of expertise, to monitor all records. One per cent of the funds for all
flagship government programmes should be earmarked for five years for updating records and
building infrastructure. At least half the members of the Information Commission (IC) should
be drawn from a non-civil service background. Thus the members will represent variety and
experience in society.
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Real change begins with small groups of people who are strong enough to take the lead. At
some point it reaches critical mass. This is when the balance tips over, and change spreads
rapidly right through society. The catalytic role of the government and the NGOs in
implementing RTI needs to be appreciated and supported by the people at large. NGOs, whistle
blowers and media should be more active. We need a strong law to provide protection for
whistle blowers. In the state of Jharkhand, 8 social auditors were killed when they wanted to
know about NREGA implementation.
Solutions are required to make the Act function better. Campaigns must be conducted in rural
areas through multimedia and kiosks. The government should also create infrastructure like
more buildings and provisions to send complaints directly from rural areas through e-mails.
Information on the RTI should be included in school syllabi to improve awareness. Government
should come out with a special postage stamp of Rs. 10 towards payment of RTI fee
nationwide. The amount collected through the stamp and information cost can be used to create
awareness programme. Only about 10%of our 300 million populations o f the poor are aware of
the RTI, as a tool for reaping the benefits of assured entitlements. It therefore calls for making
concerted efforts by the Governments, NGOs and media for creating mass awareness among the
people, particularly to educate them, as to how to seek the information and how to make the
best use of such acquisition of wealth of knowledge in everyday life.
It has also been suggested that the State Information Commissioners should be posted in
different district towns instead of being grouped together in the capital.
The process of moving an RTI application has to be simplified. The phone-in system has been
instituted in Bihar, and should now be replicated in the rest of the country. It is not as though
there will be reduced accountability with a phone-in system. Not only can an application be
phoned in, but first and second appeals can be made over phone as well. It will then be the
responsibility of the information commission to see and route the complainant’s query to
officials for correct answers. It is not just illiterate persons, but all persons unfamiliar with the
nitty-gritty of government functioning who can benefit from putting RTI on phone. The Manual
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for public authorities should include the procedure for appearing for hearings before the
Information Commission while dealing with information cases.
It is highly recommended that the appellate authority should also be included within the
penalizing provisions and not to put the PIO alone in the frame.
The jurisdiction of the Act should be made clear. There should be no doubt that the act extends
to all the three organs of the government including the judiciary. The Court must be the most
accountable institution in any democracy because of its vital role as a watchdog. Confusion
arose when in April 2008 the Chief Justice KG Balakrishnan declared that the Act does not
extend to SC functionaries, as they are constitutional authorities.
Training of PIOs should be more structured. In the appraisal report of government officers their
performance on response to RTI cases should also be included. Honest officers should be
appointed as
information commissioners and public
information officers.
Women
Commissioners should also be appointed.
Although conscientious officials have honored RTI but there are hordes of others who have
flagrantly violated it and resorted to all sorts of excuses to stymie its use. The impact as a result
has not been as salutary as desired. The goals are achievable but it will take concerted, creative
and decisive action from the government as well as the community at large. If the Government
fine tunes RTI on the above lines it will definitely change people – government interface and
Indian democracy would then benchmark with the best.
References
1 Ansari MM in a lecture entitled, “Impact of Right to Information on Development: A Perspective on India’s
Recent Experiences”, delivered at UNESCO headquarter, Paris, France, May 15, 2008
2 Baisakh Pradeep, “Human Rights, Villagers push for work benefits in Orissa”,India Together, digital edition, Feb
27,2007
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3 Gandhi Sailesh, “Government, The Key to Speeding Up languishing RTI Appeals” India Together, digital
edition, Sept 22, 2008 http://www.indiatogether.org/2008/sep/rti-workhours.htm accessed on 13.7.10
4 Gandhi Sailesh, “The RTI Movement will lead India to Swaraj”, rediff.News, Oct.11,2007
5 Ghosh Avijit, “Right or not, information still tough to come by”, The Times of India, Aug 6, 2008
6 http://righttoinformation.gov.in/webactrti.htm
7 Kejriwal Arvind, “RTI Act, One Year of Unfreedom”, Combat Law Magazine March 1 2007,
www.doccentre.org/…/DP-LR-issuewise-articles-AH1.php accessed on 3.7.10
8 Kejriwal Arvind, “RTI: An enormous power with the people”, India Together, Newsletter, digital edition, Aug
7,2006 http://www.indiatogether.org/2006/aug/ivw-arvind.htm accessed on 30.7.10
9 Mittal Manoj, ‘Now, an RTI call center for queries’, The Times of India, July 17, 2008
10 Muralidharan Sukumar “The Challenge to Media”, http://www.india-seminar.com/2005/551.htm accessed on
10.7.10
11Puddephatt Andrew,McCall Elizabeth,Wilde Alexandra,”AGuuide to Measuring the Impact of Right to
Information Programmes,Practical Guidance Notes,Democratic Governance Group,United Nations Development
Programme April,2006 www.undp.org/…/A%20Guide%20to%20Measuring%20the %Impact%20of%20Rig…
accessed on 7.9.10
12 The Hindu, May 20, 2003
13 The Hindu, Oct.20, 2006
14 The Indian Express, Sept.25, 2008
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