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It has been more than two years since the Right to Information Act (RTI) came
into force in October 2005. Immediately after its enforcement, a concern was
expressed that adequate efforts were not being made in official quarters to
implement the Act in its true spirit.
Perhaps it was not fully realised that the Act would take some time before
working to its potential. But, people realised soon enough the import and power
of this legislation. While there were very few petitions seeking information
under RTI to begin with, today there seems to be a deluge of such requests.
It has not only resulted in increased confidence among the general public about
the utility of RTI, but also in government departments becoming more transparent
and responsible than they had ever been.
Consequent to sundry appeals for information under RTI, many path-breaking
decisions and judgements by the Central Information Commission and various State
Information Commissions have resulted in substantive dilution of the draconian
Official Secrets Act, 1923 which had been the last resort of a reluctant bureaucrat.
Even though today the right to seek information under RTI has become a powerful
tool for exercising one's democratic rights, a lot needs to be done to further
strengthen and reinforce this right.
The fee required to seek and obtain information has been made prohibitive by
many government agencies defeating the very intent and purpose for which RTI
was conceived. While prohibitive costs do discourage non-serious information
seekers, they also repel the many genuine ones who are not very well-off.
Then, there is a practical problem relating to the shortage of staff and officers
for attending to such requests under RTI. Because of this, there has been an
overload of pending requests with different information commissions and government
bodies. As non-compliance under the Act results in personal financial loss including
the fear of departmental proceedings, a government staff or officer is more
than keen to attend to RTI requests before anything else. As a result, the normal
functioning of these departments and bodies is getting severely hampered.
Some of these problems have arisen because many government departments and
bodies have still not put the requisite in-house information into the public
domain as they are supposed to do under RTI. This also results in delay or outright
refusal in furnishing the desired information to the petitioners.
Moreover, many government departments and bodies have still not notified the
Assistant Public Information Officer (APIO), Public Information Officer (PIO)
and the Appellate Authority (AA) as warranted by the Act. This has resulted
in many RTI petitions being shuffled around among various government departments
and officers on the pretext that one has not been notified as APIO, PIO or AA
to be able to entertain such a petition or that the desired information is not
readily available in sharable form frustrating the purpose of the Act further.
There is an urgent need to do some serious thinking as far as implementation
of the Act is concerned. All government departments and bodies should not only
put all the permissible information pertaining to their establishments in readily
sharable form, they should also immediately notify and properly publicise the
APIO, PIO and AA for accessing information relating their offices.
In fact, it is proposed that as far as possible, a self-contained office should
have APIO, PIO and AA in the same premises. It makes the system more efficient
and also makes it easier for the common public. For example, if the District
Magistrate starts entertaining all RTI petitions pertaining to every office
under his/her control and supervision, then he/she would be left with no time
to attend to his/her normal work.
Moreover, central and state governments should make further clarifications
to ensure that the cost of seeking and obtaining information under RTI in no
case becomes prohibitive. Also, the entire process of moving an RTI application
has to be further simplified. The phone-in system, as instituted in Bihar and
other states, should now be extended to rest of the country. This helps a common
citizen avoid unnecessary trips to the government office. E-governance, too,
should be utilised to the maximum for the purposes of RTI.
There is need for a dedicated staff and officers to attend to RTI requests
and also to pre-empt the hampering of the normal functioning of the office by
engaging regular staff and officers. Further, there is need for specific financial
grant to a government office for meeting various expenses required to be incurred
for provisioning of information and for further strengthening and reinforcing
the service delivery system under RTI.
If the Act and related implementation mechanisms were modified and refined
further, the common citizen would have more powers in his hand and this would
go a long way in strengthening and reinforcing India's democratic foundations. |