All government departments, agencies and undertakings including banks have designated PIOs to handle RTI Act Requests. This openness of government has increased public awareness. But the RTI Act still faces many difficulties. Briefly, the problems are:
¤ Low awareness of the people about the Act.
¤ Inadequate skills of PIOs
¤ Inadequate strength of state information commissions.
¤ Absence of proactive disclosures by public authorities.
¤ Inadequate staffing and funding of PIOs.
¤ Lack of readily available computerized information.
¤ Threats which RTI activists face.
The Act improved the quality of life of the poor and the marginalized. In all probability, it would have reduced corruption to some extent. It increased the accountability of government officials. In many cases, the CIC ordered disclosure of the decision-making processes. These included—file notings, cabinet papers, records of recruitment and promotion of staff and documents relating to tenders and procurement procedures.
Further, details of beneficiaries of government’s subsidized schemes were made public. Among theseschemes are–Publicdistributionsystem(PDS);connectionsfor water,electricityanddomestic gas; educational and health benefits; and muster rolls under MGNREGA. The disclosure of such vital information(s) resulted in checking corrupt practices in delivery of services and ensuring the reach of entitlements to the poor.
Concrete steps need to be taken to make the filing of RTI applications more convenient. Some of the recommendations regarding the role of the government as put forth by various studies are:
¤ Spell out specific responsibilities for implementation of specific provisions of the Act.
¤ Organize mass awareness campaigns both at Central and state levels. Their main objective should be to increase public awareness; encourage citizen involvement; and increase transparency within the government.
¤ Directallpublicauthoritiesandtraininginstitutionsto incorporatetraining modules onRTI in all trainingprogrammes.
¤ Develop a consensus on a common set of minimum rules that would enable applicants residing in one state to apply for information from any other state, without first having to locate, study and understand the rules of each state and competent authority.
Summary
¤ The Right to Information Act (RTI Act) was enacted in 2005.
¤ Formerly, government business was transacted in an atmosphere of secrecy. Government servants were expected not to divulge information to which they become privy in their official work.
¤ However, over a period of time courts whittled down the powers of government to withhold information from courts. Practices of investigative journalism, internet and international initiatives encouraged transparency.
¤ There was growing recognition that secrecy in government breeds misuse of power and corruption.
¤ The laws for freedom of information seek to ensure that government activitiesare transparent, fair and open. Except in matters of defence, atomic energy and national security, no secrecy is normally necessary in government affairs.
¤ The Supreme Court of India had in several judgments prior to enactment of the RTI Act, construed the fundamental right to freedom of speech and expression and the ‘right to life’ as embodying also the right to information.
¤ Side by side, the right to information became the focus of a protest movement in Rajasthan whichlater spread to other States.
¤ It was, in fact, states like Tamil Nadu (1997), Goa (1997) and Rajasthan (2000) that first enacted RTI laws.
¤ The preamble to the Act mentions the reasons for its enactment.
¤ RTI Act is all about providing information with public authorities to people. The term ‘information’ is given a wide meaning in the RTI Act.
¤ The definition of ‘public authorities’ who are placed under an obligation to provide
information to citizens is also wide.
¤ RTI’s main strategy is based on disclosure of information.
¤ RTI Act imposes extensive obligations on public authorities for disclosure of information.
¤ For an understanding of the RTI Act, we need to know broadly: (a) who the information providers are; (b) what types of information they can provide; (c) what types of information they can withhold; and (d) how one can access information.
¤ For supply of information, the Act creates an elaborate machinery. It consists of Public Information Officers, Assistant Public Information Officers, Departmental Appellate Authorities, independent Central Information Commission (CIC) and independent State Information Commissions.
¤ RTI Act entrusts the Central Information Commission (CIC) with the responsibility of monitoring the implementation of the Act. CIC prepares a yearly report on the implementation of the RTI Act. State Information Commissions (SICs) perform similar functions at State level.
¤ Complaints under RTI Act can be filed stage-wise before various authorities starting with the lowest designated level.
¤ The Act contains provision for imposing penalties on those who fail to provide information withinthe prescribedtimelimits.
¤ The RTI Act specifies the responsibilities of Public Authorities for maintaining information in computerizedformats on interconnected networks.
¤ All government departments, agencies and undertakings, including banks, have designated PIOs to handle RTI requests. With this openness of the government processes before the public, awareness among the masses has increased. It increased government’s accountability, and reduced corruption to some extent. The Act has improved the quality of the life of the poor and the marginalized. CIC has significantly increased the openness and transparency of thegovernment.
¤ Many RTI activists have become victims of violence.
¤ Government has been considering whether to continue or repeal the Official Secrets Act.
The current position of this matter has been indicated earlier.
PRACTICE QUESTIONS
1. What was the traditional view on how governments should handle information?
2. What are the circumstances which led to a change on how governments should handle information?
3. What are the mainideas on whichthe RTI Act rests?
4. Discuss the manner in which the RTI Act introduces transparency in government’s working.
5. Write short notes on: (a) public authority; (b) information; (c) exempted information.
6. Discussbrieflytheorganizationalset up whichthe RTIAct hascreated forsupplying information to citizens.
7. Mention briefly the main achievements of the RTI Act.
8. What are the important judgements of the Chief Information Commission (CIC)?
9. State and discuss the recent judgement of CIC on disclosure of information by political parties.
10. Does the Official Secrets Act have any relevance now?
11. There is a view that the RTI Act can be used by anti-national forces to expose sensitive and strategic national secrets. Do you agree? What safeguards, if any, does the RTI Act provide in this regard?
12. Some critics argue that because of the RTI Act senior officers have stopped recording their views frankly on files. Discussthis view.
REFERENCES
Shailesh Gandhi, The Right to Information Act 2005 (A power point presentation)
Central Information Commission Presentation on RTI (Available on website)
