View Full Version : Right To Know Law - Can We Get A Respite?


Ignorant
13th August 2006, 01:07 AM
Right to know law is making a few news. Slowly but gradually it may expose some people.



Right-to-know law scares India's greedy "babus"
By Palash Kumar

NEW DELHI - When 55-year-old house painter Nannu Lal lost his government ration card, feeding his wife and son suddenly became twice as expensive.

The card enabled him to buy his weekly rice, lentils and flour at discounted prices. He desperately needed a replacement.

But in India getting hold of something as simple as an official document often involves picking your way through a bureaucratic minefield, planted with corrupt officials who never miss an opportunity to demand a bribe.

Three months into a process that should have taken 10 days and after being shunted between offices, Lal got lucky: with the help of a local NGO, he filed an application under a new "right to information" law (RTI) seeking a progress report on his request for a ration card.

The next day, he was ushered into a top official's room, offered a cup of tea -- and handed his ration card.

"RTI is a magic wand for me," says Lal, who earns up to 200 rupees ($5) a day and lives in a slum in New Delhi.

"Had it not been for RTI, I would have never got my card. The officials were asking for a bribe of 100 rupees, which I refused to pay."

The new law, which came into effect last October, is helping thousands of Indians fight back against the nation's army of lazy bureaucrats, colloquially known as "babus".

"This law has instilled a fear among the officials," says Manish Sisodia, a campaigner with Parivartan (Change), one of the organisations that fought for the law.

"In a democracy, we say the common man is the master but it is rarely so," he says. "RTI gives them this power -- to open any file, any document and any door. It's proving to be a very effective tool to fight corruption, though corruption can never go from India."

GOVERNMENT BACKTRACKS?

The legislation gives Indians the power to ask officials about almost anything, except issues of national security, cabinet papers and information protected by the courts.

For a fee of 10 rupees, officials have to deliver reports on the progress of applications for a passport, driving licence, voter's ID card, water and electricity connections.

If a reply to an RTI application is not given within 30 days, an appeal can be filed. After another month with no information, the concerned official can be fined 250 rupees per day, up to a maximum of 25,000 rupees.

The money is deducted from the official's salary, and if false or incomplete information is given, a penalty of up to 25,000 rupees can be imposed -- equal to the monthly salary of the most senior government official.

The law has proved too much for officials, say activists, with the government now considering an amendment that would prevent some applicants from seeing comments scribbled on files, so-called "file notings".

Officials and NGOs differ on the scope of the amendment but activists fear vague definitions of just what can and cannot be released will be used to seriously dilute the law's power.

"File notings are the reasons given by officers for rejecting or approving anything," says Arvind Kejriwal, who founded Parivartan.

"They are integral to any official document. If someone wants to know why his passport was not given, he would never know if the notings are not shown."

For his right-to-information grassroots campaign, Kejriwal was among this year's winners of the Manila-based Ramon Magsaysay Award.


According to global corruption watchdog Transparency International, India ranked 88 out of 158 countries in the group's "corruption perception index" in 2005.

A Transparency survey the year before placed India alongside Indonesia and Mexico in terms of corruption, with up to 20 percent of families saying they had paid a bribe at least once in the previous 12 months.

Since 2003, the Central Bureau of Investigation (CBI), India's top crime-fighting agency, has launched special drives to weed out corruption: until June this year, the agency had registered nearly 3,000 cases.

"The number of cases is not important," says Kejriwal. "What is important is how many of these people get convicted. The conviction rate in India is less than five percent. This is more dangerous."

Armed with the new law, about 700 pressure groups and charities came together in early July to launch a nationwide campaign to make people aware of their rights.

About 1,500 volunteers set up information centre camps at key government offices in 47 cities, resulting in more than 14,000 RTI applications being filed.

"Now it has come to a stage that officers beg us not to file an RTI, promising they will do the work immediately," says Santosh Kumari, a 22-year-old campaigner for Parivartan.

Resident Screamer
13th August 2006, 06:52 AM
Wow, I don't remember when someone in a govt. office cared to even speak politely (unless they wanted money).

indian
17th August 2006, 09:29 AM
<div align=\"center\">PIL Filed Against Proposed RTI Amendments </div> (http://indiastandard.com/Politics/National/RTI-litigation.html)

As protests and campaigns against the proposed RTI amendments increase, a Public Interest Litigation has been filed in the Supreme Court against the proposed amendments to the Right to Information law urging the court to declare amendments as 'unconstitutional'.


Experts feel that the proposed amendment could mean a death blow to the Act. For, it excludes file notings, except for those relating to development and social issues. This means though the decisions of the government would be known, the basis on which they have been taken will not be given. The proposed amendment will also deny any access to identities of those who have recorded notings. There will be no access to information on decisions in process. This means nobody would be able to question delays in any sector.

purushottam
5th August 2007, 01:55 PM
It may take time but in India such right is not denied.

purushottam
5th August 2007, 01:58 PM
It may take time but in India such right is not denied.Public should be interested in such a right and procedure is easy. In India we expect much more paper work rather than real and actual work.

purushottam
3rd February 2008, 09:19 AM
:rolleyes:The Right to Information Act was applied all over the India and necessary formalities to appoint authorities under law are are also about to be completed. The Law under Section 25/26 provides that the the govts should try to make publicity about the Act and the right of the public to know about what they would like to know. But no govt. takes any action in this respect and the public is yet ignore about it. When elections would come the govts would sponsor ads to private channels and news paper to purchase their voice and not before that. The best course is thorough govt agencies and AIR and DD govt should make aware the public in their regional language. But the govt has never learned frugal in its financial matters and spend money on useless works. :rolleyes:

prasad.k.j
5th February 2008, 11:08 AM
Right to information should be a fundamental right of a citizen .Why at all there should be secrecy in public activities/ decisions relating to public activities, except defense.Our crooked politicians and corrupt public servants always prefer to wrap up all the government activities under the carpet of secrecy. They will try their level best to create obstacles to the implementation of right to information act. Hence social organizations must move supreme court to protect this act from crooks and criminals.

purushottam
6th February 2008, 10:21 AM
:rolleyes:There is Art.19 in the Constitution which include Right to speak. That is an exhaustive term and in that include right to know. This Article is included in the Fundamental Rights chapter. Thus it is fundamental right. :rolleyes:

purushottam
15th March 2008, 05:06 PM
:rolleyes:This is a email message from my e mail friend which is pasted here .

--- In rti4ngo@yahoogroups .com, "Dhirendra Krishna"
<dhirendrakrishna@ ...> wrote:

Friends,

My open letter to Smt Sonia Gandhi (repeated below) was posted in 19
internet groups and must have reached over 1,80,000 members of
these groups. I have received several emails with very interesting
reactions. Generally, the credibility of politicians seems to be
very low; transparency imposed by RTI Act may help in restoring
faith in democratic governance and the political leaders.

Next general election presents an unprecedented opportunity for the
political parties to use RTI in their election campaigns. Parties in
power may use section 4(2) to disseminate information about their
achievements through the official machinery. Opposition parties can
use RTI to expose inefficiency, corruption and waste of public
money, as they can gain access to public records.

Section 26 requires the Government to initiate educational programs
on RTI at a large scale and therefore provides an opportunity for
reaching out to the masses; parties in power can use this as a part
of their election strategy. On the other hand, opposition parties
can emphasise upon the failures of Government in implementing RTI
Act in letter and spirit.

In my humble opinion, extensive use of RTI Act by political parties
in the next general election may be a major step towards educating
citizens to hold the Central and State Government accountable. If
all political parties use RTI Act in their election campaign, it
would help the voters in making an informed choice.

This is not merely a matter of short-term political gains: elections
present an opportunity for strengthening democratic institutions and
processes.

Dhirendra Krishna

............ ......... ......... ......... ......... ......... ......... ...

Dear Smt. Sonia Gandhi,

1. Sharp criticism of recent budget focuses on the inadequacy
of delivery system. Cynics doubt whether the benefits of social
programs envisaged in the budget would actually reach the poor. Like
the "India Shining Campaign" of last general elections, there is a
danger that economic sops given in recent budget may also back-fire.
Indian voter has become more discerning and can see the difference
between slogans and performance.

2. Transparency, public accountability and sincerity in
governance should be visible in the campaign for forthcoming
elections. The difference between the haves and have-nots has grown.
Glaring contrast between glittering Malls and abysmal living
standards in slums, is giving rise to social tensions. The unrest is
visible in growing naxalite influence. Pro-poor programs are needed
not only as vote-catching gimmicks; these are essential for good
governance.

3. Right To Information Act 2005 sets out a practical regime
for transparency and accountability of all public authorities.
Implementation of this law in letter and spirit is essential for
democratic governance. This provides an effective framework for
better communication between Government and citizens. Section 4(2)
of RTI Act provides for suo-moto disclosure of information required
by the citizens, so they citizen's resort to RTI is minimized.
Section 26 requires Government to educate the citizens about their
rights under the RTI Act. These aspects relate to good governance
and have not received the attention that they deserve. Effective
implementation of RTI Act should be a part of election strategy by
political parties, for forthcoming elections.

4. Potential beneficiaries should be made aware of the budget
allocations in 2009-09 in centrally sponsored schemes and the
welfare schemes initiated by the State governments, such as:

• National Rural Employment Guarantee Schemes Rs. 16,000 crores
• Jawaharlal Nehru National Urban Renewal Mission: Rs 6,866
crores
• National Rural Health Mission: Rs 12,050 crores
• Sarva Shiksha Abhiyan: Rs.13,100 crores
• Mid-day Meal Scheme: Rs. 8,000 crores
• Rajiv Gandhi Drinking Water Mission: Rs. 7,300 crores
• Integrated Child Development Services: Rs 6,300 crores.
• Debt Relief Packages: Rs 60,000 crores

5. RTI Act enables potential beneficiaries to demand public
records to ensure that waste of public money is minimized and the
intended benefit of social welfare schemes actually reaches them. It
is in public interest that administrative hurdles that are thwarting
implementation of RTI Act should be removed.

6. Unless the beneficiaries get advantages from these massive
social welfare schemes, they would continue to be cynical about
governance. If the AAM AADMI does not trust the Government, anti-
incumbency factors may work decide the next elections, as well.
Total transparency and open governance is essential to counter the
negative perceptions. Election results have always surprised the
political analysts, as the "AAM AADMI" has their own evaluation of
performance of Government-in- power. If negative propaganda by the
opposition parties confirms their doubts and misgivings, change of
Government becomes the logical outcome.

7. I am sure that these aspects of forthcoming general
elections are engaging the attention of strategists in Congress
Party as well as other political parties. Congress has the historic
advantage of introducing Right To Information Act 2005, which
provides a quantum jump in public accountability of Governments.
This should be integrated into the election campaign in the States
where Congress party is in power. In other States where Congress is
an opposition party, RTI can be used to expose the deficiencies in
governance.

8. This would be first general election after implementation of
RTI Act 2005 and its political impact is yet to be tested. It is my
sincere hope that campaign by political parties would help in
educating the citizens about RTI Act, ushering in a new era of truly
democratic governance. This is an open letter and is being placed in
several internet groups, to generate wider discussions on the
subject.

Dhirendra Krishna IA&AS (Retired)
Moderator yahoo group rti4ngo

--- End forwarded message ---
:rolleyes:

prasad.k.j
15th March 2008, 08:33 PM
Right to know law and right to information must be implemented in a more transparent way. The politicians and public servants always try to suppress the information. This can be affective only when 'willful denial of information' is treated as criminal offense.

purushottam
16th March 2008, 10:06 AM
:rolleyes:The matter is pending in the Apex court for consideration. The present govt is trying to amend the law to keep the public away from certain information which has nothing to do with security of the nation. The procedure in India is always time consuming and that not only causes delay but the purpose is also frustrated by laps of time. :rolleyes: