Amendments to RTI Act on the anvil
New Delhi, November 14, 2009
Vidya Subrahmaniam
The Department of Personnel and Training (Ministry of Personnel,
Public Grievance and Pensions) has admitted that the government is
considering amendments to the Right to Information Act, 2005.
The admission, which came at a meeting between RTI activists and DoPT
Secretary Shantanu Consul on Saturday, ended the suspense over whether
or not the government was contemplating amendments to the RTI.
Speculation in this regard started following a meeting that the DoPT
had with Information Officers on October 14 where a proposal for the
amendments was formally put on the table. However, the government
refused to confirm or deny the move, leading to a growing anxiety in
RTI circles.
Significantly, Mr. Consul assured the delegation led by Aruna Roy of
the National Campaign for People's Right to Information (NCPRI), that
the amendments will only be introduced after hearing the views and
objections of civil society groups. He said the department would
initiate a "transparent and consultative process," including putting
up the draft amendments on the DoPT website, to enable public and
civil society participation in their implementation.
Mr. Consul also said the amendments would not go through if civil
society groups were able to convince the government that they were not
necessary, and the purpose for which they were being considered could
be met in other ways.
Earlier in the day, hundreds of activists from the NCPRI and other
organisations gathered at Jantar Mantar to warn the government against
tinkering with the RTI Act, 2005.
The delegation that met Mr. Consul presented him a letter containing
their misgivings over the proposed amendments. The letter was signed.
among others by Ms. Roy, Nikhil Dey and Shekhar Singh of the NCPRI and
Annie Raja of the National Federation of Indian Women.
The signatories said they had apprehensions that the government was
moving towards amending the RTI and cited as evidence the October 14
meeting between the DoPT and Information Officers.
The RTI activists also wrote to the Prime Minister on October 20,
which was signed by dozens of public-spirited citizens. The letter
argued that the proposed amendments — envisaging exemption from
disclosure for official discussions and consultations (previously
known as file notings) and prohibition of frivolous and vexatious
complaints — far from strengthening the Act, as promised by the
President in her June 4 address to Parliament, would in fact
emasculate the Act.
The letter quoted two nation-wide studies, "one done under the aegis
of the government," to make the point that RTI was constrained, not by
issues being considered for amendment such as frivolous complaints and
file notings, but by inadequate implementation, lack of trained staff,
and poor management. There was no suggestion in either of the studies
that RTI work was hampered by "frivolous or vexatious" applications or
by disclosure of "file notings," it said.
The letter said: "This government gave its citizens the RTI Act, and
there has been no crisis in government as a result of its enactment.
In fact… its use by ordinary people is helping change its (the
country's) image to that of an open and receptive democracy. An
amendment in the Act would be an obviously retrograde step, at a time
when there is a popular consensus to strengthen it through rules and
better implementation..."
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@i$#w@ry@!
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