Five years on,babus know too little
Manoj Mitta | TNN
As the five-year-old RTI continued to display precocity,these were two
of the cases that pushed the envelope - for better or for worse:
A query that sought information on the Prime Ministers delegation
responsible for the notoriously flawed drafting of the Sharmel-Sheikh
declaration
An application that seeks to get to the bottom of the disaster that
struck Delhis showpiece metro project when a pillar bracket collapsed
on a busy street,killing six people
The first case smacked of over-reach as the Central Information
Commission (CIC) directed the Ministry of External Affairs to allow
the RTI applicant,Subhash Chandra Agrawal,to inspect sensitive files
that had information on Indias relations with Pakistan.The second
application,filed by architect Sudhir Vohra,threatens to expose
structural design defects that risk the travelling public's safety.The
CIC ordered disclosure brushing aside a range of rather desperate
objections raised by the Delhi Metro Rail Corporation (DMRC).
The Sharm-el-Sheikh case was an opportunity for those who oppose
transparency to clamour all over again for RTI to be diluted.But the
fault lies less in the law and more in the way it was implemented in
this case by the CIC,an independent appellate body,and the MEA,the
public authority that had been approached for information.The RTI
exempts the authorities from disclosing information that would
prejudicially affect ... relations with a foreign state.This is one of
the exempt categories of information listed in Section 8 of the RTI.
This is what the central public information officer (CPIO) of the
MEA,Debraj Pradhan (a diplomat of joint secretary rank) should have
said when responding to Agrawals query in September 2009.He should
have cited Section 8 of the RTI Act and refused to disclose the names
of officers and the file notings behind the goof-up in the Indo-Pak
declaration.Instead,Pradhan appeared to adopt a cavalier attitude to
the ministrys obligations under RTI.He gave Agrawal a list of the
entire official delegation;he did not indicate who was responsible for
the blunder;he offered no explanation for withholding their file
notings.
When the CIC took up the matter,the MEA merely said no file notings of
the joint statement were available and it was therefore,impossible to
identify the officials who drafted it.The then information
commissioner Annapurna Dixit controversially directed the MEA in
January to allow Agrawal to inspect the relevant files to locate all
information as sought by him.
That the CIC gave such an over-the-top order,with little regard for
foreign relations repercussions,was because of the MEAs error of
omission.It took the MEA months to wake up to its statutory
entitlement of claiming exemption under Section 8.It did so only when
appealing in the Delhi high court last month against the CICs
order.The high court passed a stay order,showing that the RTIbashing
that had followed the CICs order was misplaced.
In the metro pillar case,on the other hand,the public authority
concerned excessively invoked Section 8.This was part of its attempt
to deny structural drawings and calculations to Vohra.The DMRC tried
in vain to seek exemption under Section 8(1)( a) saying disclosure
would compromise India's security interests.It also claimed exemption
under Section 8(1)( h) saying disclosure would impede the process of
investigation.However,the police told the CIC it had no objection to
the divulging of structural information.
The DMRCs most serious argument was its invocation of Section 8(1)( d)
to claim that the requested information was its intellectual property
and the result of considerable money and time.But once it conceded
that it was part of the state structure and claimed that it had
copyright over the information in question,Vohra demolished the DMRCs
argument.The CIC upheld his counter this month that Section 9 of the
RTI specifically barred the state from denying information on the
ground of copyright infringement.Thus,a vigilant applicant helped
expand the scope of information available under RTI.This is the way to
go for RTI to fulfil its muchtouted objective of deepening democracy
in the country.
IN THE FRONTLINE OF THE BATTLE
Subhash Agrawal |
His applications are the reason Supreme Court judges will have to make
their assets public
V Madhav |
His query forced the Tamil Nadu chief minister to appoint a public
information officer
Aishwarya Sharma |
The eight-year-old forced the municipal corporation to stop dumping
garbage near her school
Army of activists a boon or bane
Shobhan Saxena | TNN
The Facebook page on the Right to Information challenges the
government with some provocative questions.We all pay taxes.Even a
beggar on the street pays sales tax when he buys anything from the
market.This money belongs to us.But where does this money go Why are
there no medicines in the hospitals Why are people dying of starvation
Why are the roads in such pathetic conditions Why are the taps dry
says the pages opening lines.Most of the 1000-odd members of the
online community agree that a good government is an open government.
India has been a democracy since 1947,but the process of good
governance strengthening the link between citizens and the state began
only in 2005,with the enactment of the RTI.Before that it was next to
impossible for an ordinary citizen to get any information from the
government because of confidentiality and the Official Secrets Act.
Subhash Chandra Agrawal,who has caused much disquiet with RTI
applications on a wide range of issues from judicial reforms to Padma
awards,laments that the babu mentality is still a big stumbling block
in getting real information.The government officials neither know the
RTI nor are they ready to share information with us.
One,if marginal reason,is the birth of the RTI activist.From 2005,the
country from its villages to its towns and cities has seen a new kind
of civic activist.He or she uses information procured from government
files to insist its functioning is more transparent and accountable.
V Madhav,30,has filed more than 250 applications and been the trigger
for landmark change.He believes the Act is meant more to ensure
transparency than good governance.There are many obstacles to
utilizing the RTI Act,but it is the only legislation that had given
power to the people, says the activist who quit his job with a IT firm
and joined an NGO.
But there is a decided nuisance value about RTI petitions that seek
information about silly things.Some government officials say this is
the misuse of the RTI.It is noteworthy that a Principal Information
Officer (PIO) makes the case on an internet discussion portal for the
RTI to be made more responsible.If India has to progress,RTI has to be
reformed.There must be some control over what can be asked under RTI,
the officer argues.Also there must be some limit over the number of
questions one can ask.If a citizen asks something beyond the Act,there
must be some provisions to punish him, says the anonymous
officer,calling the RTI a tussle between working and nonworking
people.
It is true that there have been recent instances of estranged wives
attempting to put a figure on their husbands salaries using the
RTI.Neighbours have tried to use RTI to settle scores with each
other.In UP,a group of RTI activists asked chief minister Mayawati to
set-up an expert committee to investigate Gumnami Baba,whom a retired
Supreme Court judge purportedly identified as Netaji Subhas Chandra
Bose in a documentary.
But Agrawal says frivolous cases do not make a nonsense of the
RTI.Even educated people dont really know about the RTI or how to use
it.Thats why there are some frivolous cases,but thats no reason to
make any amendments to it.
How to file a query
Draft your application on an ordinary sheet of paper and submit it to
the Public Information Officer (PIO) by post or in person.But some
states specify a set format
Applications can be filed with the PIO or Assistant PIO (APIO).In
Central government departments,629 post offices have been designated
APIOs
It costs Rs 10 to file an RTI with a Central government department.The
fee differs by state.It can be paid in cash or through a demand
draft,bankers cheque or postal order
US and Europe are mostly land of the free
AN OPEN SECRET HOW THEY DO IT ELSEWHERE
Washington: Some 15 years ago,an Indian correspondent here tentatively
phoned the US commerce department to ask about the then commerce
secretary Ron Brown's forthcoming visit to India.The Indian Embassy
was tightlipped and used to the desi system that abhorred giving
sensitive information to the media/public.But the US commerce
Department was not only happy to answer questions,it had a question of
its own when asked about the Indian-American entrepreneurs
accompanying Brown: Whats your fax number Well send you the list.
The US remains one of the most open societies in the world when it
comes to harmless,retaillevel information.Its a society that discloses
intimate details of the Presidents annual health check up,his tax
returns and the salary of every White House and Congressional
employee.
The internet has helped.But Uncle Sam gets touchy when it comes to
state secrets pertaining to national security and individual
privacy.Although President Lyndon Johnson signed the Freedom of
Information Act (FOIA) in 1966 to make government more transparent,the
legislation has been amended several times to create nine notable
exemptions,ranging from national defence to foreign policy interests.
A tenacious public,a vigilant Congress and receptive judicial system
keeps the US government on its toes,but the executive still manages
occasionally to dance around the law.
Chidanand Rajghatta
Sweden
It enacted the Freedom of the Press Act in 1766,granting the public
access to government documents.The Act,considered the first freedom of
information legislation in the modern sense of the term,became part of
the Constitution.Known as the Principle of Public Access,the Act
guarantees:
An unimpeded view of activities of the government and local authorities
Access to all documents handled by the authorities
Individual handling of each request for potentially sensitive information
United Kingdom
The Freedom of Information Act was passed by parliament in 2000,but
came into force only in 2005.It guarantees:
The right to access information held by 1,00,000 public bodies and
police forces,hospitals,schools,local councils
The government is obliged to reply to requests for information,making
it possible for people to know how decisions are made and how public
money is spent
Any person,of any nationality,and living anywhere in the world,can
make a written request for information,and expect a response within 20
working days.For the majority,there is no charge.However,requests can
be rejected for reasons of cost or public interest
China: Baby steps towards open society
Beijing: China has begun to take baby steps towards a relatively more
open society in which citizens have the right to know whats on the
mind of their leaders.The Communist state is still miles away from
granting its citizens the right to information.Of late,provincial
governments have begun to hold meetings with select groups of
people,who are shown the draft versions of new laws being formulated
by the government.The consultation process aims to get feedback on
crucial matters,such as property laws and health services.But such
consultations are still rare.
This is a long way away from a cast-iron right to
information.Questions have also been raised about the composition of
the groups,with some alleging they are linked to the Communist Party.
Saibal Dasgupta
YOUR RIGHT TO INFORMATION IS TRAPPED
REALITY CHECK
March 29,2010
CENTRAL INFORMATION COMMISSION CHIEF SHAILESH GANDHI,WARNING THAT THE
RISE IN PENDING RTI APPLICATIONS KILL OFF THE VERY SPIRIT OF INDIAS
MOST PROGRESSIVE LAW
Number
of pending cases with the CIC | 11,500
Backlog
in UP,Tamil Nadu and
Karnataka
| Six months
Number
of pending cases in
Maharashtra
| 15-18,000
March 31,2010
It can be tough to file an RTI application,even at the Ministry of
Personnel and Public Grievances,the Acts nodal department in the heart
of the national capital,as Sunday Times learnt this week.Heres what
happened:
The guard at North Block,home to the DoPT,uses the barrel of his gun
to point out the RTI window at Gate No 5,hidden in a dusty corner.The
window panes are broken and have been replaced by plywood,wire mesh
and a rusty iron grill.A small hole in the lefthand corner is your
window to the RTI in New Delhi.There is no signboard.Push the wood
covering the hole and a head pops up.It asks: What do you want Even
before you hand over your RTI application,the head asks you to come
tomorrow because his cash receipt book is finished.He finally accepts
the application,shuts the window and promises to telephone when the
receipt book arrives.He does,the next day and you get your receipt 24
hours after filing the application.We expect the answers to our RTI
query (below) in 30 days.Watch this space.
Shobhan Saxena
SUNDAY TIMES RTI QUERY
Which Central ministries and departments have not so far abided by the
obligation cast on them by Section 4 of RTI to make a proactive
disclosure of the specified information
What action have you,as the nodal department for RTI,taken against
public authorities that have not complied with Section 4 of RTI by not
making suo motu disclosure of the prescribed information
Is there not a prescribed format for disclosure of information under
Section 4 of RTI
What action have you taken against public authorities that have not
disclosed Section 4 information in the prescribed format
The RTI window at the nodal ministry in Delhi
The govt is fooling us
Harpal Singh is 60 and has fire in his belly.A retired Indian Airlines
operator,Singh has filed roughly 25 RTI applications from October
13,2006.This is his way of fighting corruption,favouritism and
nepotism in the aviation sector.He tells Shobha John why he bothers to
file RTI queries and if they do the job
What type of information have you asked for
On many issues: Why has GMR,the private developer of Delhi
airport,been charging high parking and user development fees Why have
arrears been paid to AI and not to IA (since 1997) despite their
merger Why is IA lending cars to the ministry of civil aviation
Were you satisfied with the answers
No.Most of the replies were half-baked,given simply so that the
officer concerned wouldnt have to pay the penalty of Rs 250 per day
that the RTI Act imposes.But I understand why people dont give me full
information its to save their jobs.
So,is the RTI Act any use
The government is fooling everyone with this Act.I have never been
given the information I sought.The Act should be amended so that just
one application is enough to get all the information.Its a can of
worms now.
What can an RTI applicant do with the information he gets
A public interest litigation can be filed on the basis off the
information.The information can be given to the media,sent to the CBI
or given to the opposition who can take it up in Parliament.But the
opposition here is not strong enough.
Are you seen as something of a nuisance now
I am called RTI Harpal Singh! Most people say of me,Yeh naak mei dam
karta hai (He is a troublemaker). Some senior people even tried to
dissuade me from filing applications,telling me to take it easy after
retirement.My family has suffered,no one was ready to employ my son
because of my reputation.Now,hes in business.
-----------------------------------------------------------------
Urvashi Sharma
F-2376 , Rajajipuram , Lucknow
pin - 226017 , Uttar Pradesh INDIA
contact - 9369613513
@i$#w@ry@!
rti helpline-8081898081 , 9235169855
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