Wednesday, April 13, 2011

RTI IMPLEMENTATION: An issue of grave concern

After Irom Sharmila last year, Anna Hazare wins IIPM's 2011 Rabindranath Tagore Peace Prize of Rs. 1cr. To be handed over on 9th May

How highest government offices are denying RTI implementation

Right to information, or RTI ' being touted as one of the revolutionary achievements of the UPA ' has virtually become a dormant volcano. With an aim to address issues of rampant corruption, fight injustice, lack of accountability and transparency among ministers and bureaucracy, the UPA regime implemented the amended version of RTI in 2005. Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes.

The Centre's move to amend sections of the RTI Act negates the very purpose for which the Act had been passed. The Chief Information Commission (CIC), an autonomous body that ensures the implementation of RTI Act, expressed dissatisfaction over non-cooperation of some important state agencies.

Recently, an RTI activist Subash Chandra Agrawal requested the Chief Information Commissioner (CIC) Wajahat Habibullah to issue a notice to the Prime Minister Office (PMO) for non-compliance with RTI in providing information about personal assets of Union ministers. But responding to CIC's request, the PMO said that it needs to take a call from both houses of Parliament. But despite clearance from both the Houses, the PMO is purportedly not declaring it ' meaning denial of the RTI.

In another case, P.D. Bunker, an appellant and an accountant with the Employees Provident Fund Organisation (EPFO), demanded a copy of the CBI report under RTI in the case of M/s Govind Rubber. But the Public Information Office (PIO) of the EPFO denied citing it is confidential. The RTI Act does not recognise 'confidential' as being a ground for denial in Section 8(1). The Sikkim Bhutia Lepcha Apex Committee sought clarification from the Chief Minister Office (CMO) on CM Pawan Chamling's controversial statement during the Jorethang Maghey Mela on a road accident, where three of his adversaries died. But the committee didn't get a desirable response from the CMO.

The UPA government may also bring an amendment which allows rejection of request for information, which is considered 'frivolous and vexatious.' This merits serious concern as it makes non-compliance easier. Information can be withheld or refused whimsically based on this exemption. The proposed amendment favours the information provider who would be only too happy to reject many of the requests on flimsy grounds. For the RTI Act to manifest its benefits, information should be viewed from both the information-seeker and the providers' angle. The amendment would demean the interests of the information seeker. The spirit of this citizen-centric legislation that brought in a paradigm shift in the citizen-government relationship is being dampened.

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