Monday 30 August, 2010

RTI reveals that Peoples’ Representatives CARE-LESS for the People

RTI reveals that Peoples' Representatives CARE-LESS for the People

In democracy the people elect their representatives , hoping they
shall represent them in the Parliament and raise their issues
concerning the interest of the larger section of the society. Every
fifth year this is happening in India also . But the question is did
our representatives fulfill our expectations ? If we go through a
reply to a RTI petition of mine by Ministry of Statistics and
Programme implementation Government of India ( available at given link
) ,

http://file1.hpage.com/000223/57/bilder/mspi_goi_rti_reply_re_mplads_1of2.jpg

http://file1.hpage.com/000223/57/bilder/mspi_goi_rti_reply_re_mplads_2of2.jpg

It shall be crystal clear how careless attitude the peoples'
representatives have towards the people. At a time when our members
of parliament are leaving no stone unturned to convert their personal
expenses as the official ones only because for sure their personal
budget is always in negative ( despite there being crores of crores in
swiss banks and other modes of black money ) .

Such M.P.s find themselves unable to spend a meager amount of Rs. 2
crore of Member of Parliament Local Area Development Scheme Fund (
Sansad Nidhi ) a year in their constituency .

The reply of the ministry says As per records available , as on
31-03-2010 , on all India basis Rs. 1862.23 Crores of released Sansad
Nidhi was unutilized .

Should we believe that India has developed fully and it does not need
any such scheme anymore ? if not , then it shows the careless attitude
of our Members of Parliament towards us , the masses.

So , next time you get a chance to meet your M.P. , do ask him about this .

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

32 babus, RTI activists angling for CIC post

http://timesofindia.indiatimes.com/india/32-babus-RTI-activists-angling-for-CIC-post/articleshow/6459022.cms

32 babus, RTI activists angling for CIC post
Dipak Kumar Dash, TNN, Aug 30, 2010, 04.57am IST

NEW DELHI: From retired and serving babus to journalists to even RTI
activists and academicians, everyone seems to be angling for the posts
of chief information commissioner (CIC) and information commissioners
(ICs). In a delicious irony, all the names have come out in an RTI
reply.

Replying to an RTI plea filed by Mannish Bhatnagar, the department of
personnel and training said 32 names were received for the posts of
CIC and ICs since October 2009. While most of these were applications
from those interested, there were recommendations from the PMO, a
governor, and Cabinet and junior ministers. Half of them have applied
for the post of CIC.

While the Tamil Nadu governor recommended Tajinder Singh Bedi, a
bureaucrat, for the CIC's post, the PMO recommended one Ravi Sawney
for this post. The name of a journalist was recommended by the
minister of parliamentary affairs and water resources and the Patna
MLA Dr Ashok Kumar.

Besides bureaucrats and social workers, entrepreneurs have also
applied for this post. Former cop Kiran Bedi's name was recommended by
Faridabad Congress Committee and Rashtrawadi Ulema-e-Hind.

Some of the bureaucrats who have applied for the IC's post include A K
Jain, Nripendra Misra, Sachi Chaudhuri, A K Banerjee and S P Gaur. MoS
for rural development has recommended the name of Deepankar
Mukhopadhyay. Two prominent RTI activists Subhash Chandra Agrawal and
Krishnaraj Rao also figure in the list.

A three-member committee comprising the Prime Minister, leader of
opposition and a central minister nominated by PM will select the CIC
and ICs. While the CIC's post has to be filled by September-end, one
post of IC is vacant and two members are about to retire.


http://timesofindia.indiatimes.com/india/32-babus-RTI-activists-angling-for-CIC-post/articleshow/6459022.cms

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 29 August, 2010

RTI activist found dead after exposing sand mafia - Help save lives of RTI activists / RTI users to save democracy in INDIA

please share your grief/protest/comments by signing the online
petition to be presented to the Prime minister Manmohan singh on
International Right to Know Day ( 28th september ) this year.

http://www.petitiononline.com/13062010/petition.html

its really really very tragic and shows that the thick skinned corrupt
politicians have double faces. They appreciate the rti act but sponsor
the murders of rti activists ( whosoever unearths their/their aides
corruption ) so that the successes of rti act should not encourage the
masses and rti movement should not become a mass movement . i request
u all to
chalk out a plan like a serial hunger strike in delhi n all state
capitals to show our protest to the governments . A mutual agreed date
should be decided n sent to all . i appeal to all to treat this issue
as their personal issue n make it a unanimous national issue.

though writing this mail but i am breathless n at a loss as to what to
do to stop all this . but still i am seeing light at the end of the
tunnel n i am sure that u all, who gave us the rti act after their
hilarious efforts ,shall leave no stone unturned to save the rti
activists n we shall succeed . but we have to remember its democracy
where numbers count n this is the only thing that frightens the
politicians .

the news of rti activist's murder n his photo is available on given link

http://ibnlive.in.com/news/rti-activist-dead-after-exposing-sand-mafia/129843-3.html


best regards
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Re: [rti4empowerment] Another RTI Activist killed in Nanded, Maharashtra

its really really very tragic and shows that the thich skinned corrupt
politicians have double faces. They appreciate the rti act but sponsor
the murders of rti activists ( whosoever unearths their corruption )
so that the successes of rti act should not encourage the masses and
rti movement should not become a mass movement . i request u all to
chalk out a plan like a serial hunder strike in delhi n all state
capitals to show our protest to the governments . A mutual agreed date
should be decided n sent to all . i appeal to all to treat this issue
as their personal issue n make it a unanimous national issue.

though writing this mail but i am breathless n at a loss as to what to
do to stop all this . but still i am seeing light at the end of the
tunnel n i am sure that u all, who gave us the rti act ,shall leave
no stone unturned to save the rti activists n we shall succeed . but
we have to remember its democracy where numbers count n this is the
only thing that frightens the politicians .

regards

urvashi

On 8/29/10, afroz sahil <afroz.alam.sahil@gmail.com> wrote:
> *एक और सच का सिपाही शहीद हो गया. इस सच के सिपाही का नाम है रामदास पाटिल
> गाड़ेगोंकर..... खुद मुख्यमंत्री अशोक चौहाण के शहर में आर.टी.आई.कार्यकर्ता
> के शव संदेहास्पद हालत में मिलने से पुलिस महकमे में हडकंप मच गया है. *
> *नांदेड शहर में बीती रात एक आर.टी.आई.कार्यकर्ता का शव मिला. उनका शव नांदेड
> शहर के हिंगोली गेट के परिसर में पाया गया. मृतक रामदास ने सूचना के अधिकार
> कानून इस्तेमाल करते हुए कई सामाजिक कार्य किये थे. ख़ास कर नांदेड जिले में चल
> रहे रेती तस्करों के खिलाफ जम कर आवाज़ उठाई थी. बताया जाता है की रामदास शिव
> सेना के कार्यकर्ता थे. इसके अलावा *District Milk Sellers Association *के
> अध्यक्ष पद पर भी आसीन थे.*
>
>
>
> *Another RTI Activist killed in Nanded, Maharashtra*
> One more name was added today to the list of activists killed because they
> uncovered corruption. रति Activist Ramdas Ghadegaokar was stoned to death at
> Nanded, Maharashtra.
>
> He had been active in uncovering corruption by using RTI Act, particularly
> in the areas of PDS, grains and fuel distribution. His remains were cremated
> today.
>
> He was also the President of District Milk Sellers Association
> http://suchnaexpress.blogspot.कॉम <http://suchnaexpress.blogspot.com/>
>
> --
> AFROZ ALAM 'SAHIL'
> (Sr.Correspondant)
> tv9 media maharashtra private limited.
> MIDC, Andheri (East), Mumbai-93
> Mobile:-+91-7738596909
>


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 28 August, 2010

Now, your RTI complaint is sure to be registered

http://timesofindia.indiatimes.com/city/lucknow/Now-your-RTI-complaint-is-sure-to-be-registered/articleshow/6448468.cms

Now, your RTI complaint is sure to be registered
TNN, Aug 28, 2010, 03.33am IST

LUCKNOW: In order to provide respite to applicants, the Uttar Pradesh
State Information Commission (UPSIC) has taken a positive step. The
complaints made by the applicants will be heard in the commission in
all instances.

The chief information commissioner (CIC), UP, has issued an order in
this regard saying that complaints made at the commission by
applicants be examined and registered under section 18 of the Right to
Information Act, 2005, for further action on them. The CIC has also
directed information commissioners (ICs) that notice be sent to the
public information officer (PIO) of the department, against which the
complaint has been made.

The RTI applicants whose complaints were not heard and sent to the
departments as first appeals were facing delay and difficulties. The
CIC, therefore, has issued an order saying that PIO should be asked by
the commission to provide information to the applicant within the
specified time.

And if the officer is unable to provide the information within the
specified time period then the applicant should be informed about it.
Besides, the order also says applicant should be given a reason by the
PIO for delay in providing the information.

When contacted, ICs agreed that in most cases complaints are heard.
And in certain cases if complaints are sent back as first appeals to
the department, it is done only after hearing has taken place.
Commission cannot refuse to hear complaints as that is provided under
the Act, was the common opinion. On the other hand, RTI activists are
of the opinion that in some cases, UPSIC was not accepting complaints
under section 18 of the Right To Information Act. On the contrary,
complaints sent to the commission by applicants were being converted
into first appeal under section 19(1) of the Act. The appeal was then
sent to the first appeals authority of the department and the
complaint was disposed of in first hearing.

"Applicants were a harassed lot due to this," said activist, Urvashi Sharma.

In case, first appeals authority did not respond to the appeal,
applicants had no option but to move second appeal to the commission
and wait for hearing.

The activists had taken up the issue with UPSIC, the governor and the
chief ministers' office. The commission finally has taken note of the
activists' complaint and issued the order. It has therefore, been made
compulsory that complaints of applicants be heard.


http://timesofindia.indiatimes.com/city/lucknow/Now-your-RTI-complaint-is-sure-to-be-registered/articleshow/6448468.cms
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 27 August, 2010

Sitapur R.T.I. user Budhai’s case - Uttar Pradesh Governor's Secretariat writes to S.P.of Sitapur to take necessary action to file Budhai’s F.I.R.

Sitapur R.T.I. user Budhai's case - Uttar Pradesh Governor's
Secretariat writes to S.P.of Sitapur to take necessary action to file
Budhai's F.I.R.
============================================


Res. all ,

On my letter to the Governor of Uttar pradesh to direct appropriate
authorities to take necessary n appropriate action in Sitapur
district's R.T.I. user Budhai Ram Gautam's case so that a R.T.I. user
is not harassed at all & his F.I.R. is lodged , Uttar Pradesh
Governor's Secretariat has written to S.P.of Sitapur to take
necessary to file F.I.R. of Budhai Ram as per law.

The letter is available at given link

http://file1.hpage.com/000223/57/bilder/guv_to_sp_sitapur_re_budhai_case.jpg

Best Regards
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Scanned copy of U.P.S.I.C. notice of section 18 to P.I.O. U.P. C.M. office

weblink is

http://file1.hpage.com/000223/57/bilder/scanned_copy_of_complaint_no_s1-133-10.jpg

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Thursday 26 August, 2010

RTI activists succeed , U.P.S.I.C. starts accepting complaints under section 18 of RTI act 2005

Complaints u/s 18 of RTI Act 2005

RTI activists succeed , U.P.S.I.C. starts accepting complaints under
section 18 of RTI act 2005

Res. All ,

Since more than a year , UPSIC was not accepting any complaint under
section 18 of RTI act. All these complaints sent to UPSIC by
info-seekers were being converted into first appeal of section 19 ( 1)
, sent to the First Appellate Authority and the complaint
disposed-off at the time of first hearing.

This way info seekers were big losers of their precious time . If
F.A.A. did not respond to the first appeal ( complaint converted into
appeal by UPSIC ) , the info-seekers had no other option but to move
second appeal to UPSIC and wait for its hearing.

We took up the issue with UPSIC , the Governor and the chief
minister's office . After rounds of talks and correspondence , We have
succeeded in our efforts . Now U.P.S.I.C. has started entertaining
complaints of section 18 .

On my complaint ( upsic receipt no. 26387/2010 ) of section 18 , UPSIC
has registered Complaint no. 133/2010 ( Urvashi Sharma Vs the PIO the
chief minister office of uttar pradesh ) . As per letter no.
651-D-1/ra.su.aa./20 dated 13-07-10 , show cause notice has been
issued to the PIO and date of first hearing is 07-09-2010.

So , Now U can file Complaints u/s 18 with UPSIC n they shall be entertained .

Best regards;

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Tuesday 24 August, 2010

frontline Volume 27 - Issue 18 :: Aug. 28-Sep. 10, 2010 - focus on rti

frontline Volume 27 - Issue 18 :: Aug. 28-Sep. 10, 2010 - focus on rti

==========================================================================================================================

http://www.frontline.in/stories/20100910271801400.htm

A right and wrongs


V. VENKATESAN


The RTI Act needs strengthening, but activists oppose the government's
proposals as they suspect its intentions.

V.V. KRISHNAN

SURVIVORS OF THE Bhopal gas tragedy outside the Prime Minister's
Office in New Delhi to file right to information requests regarding
the civil nuclear liability Bill, on May 4.


AN Act is usually amended to address certain concerns that come up
during its implementation. However, the beneficiaries of the Right to
Information Act, 2005, oppose any amendment to the Act, because they
suspect the government's intentions.

The Department of Personnel and Training (DoPT) admitted to
considering 11 amendments to the Act in a letter to the RTI activist
Subhash Chandra Agrawal in April. Among these were some key amendments
aimed at strengthening the Act. One such is a proposal to amend
Section 2 (dealing with definitions) to remove the difficulty in
ascertaining whether a particular non-governmental organisation should
be treated as public authority or not.

Another is to amend Section 4 (dealing with obligations of public
authorities) so as to enlarge the scope of suo motu disclosure of
information by public authorities. Many public authorities are not
forthcoming with their proactive disclosure documents on certain
categories of information listed under the Act. Even in those
instances where some efforts have been made to put together these
documents, they are not easily available except on the Internet.

As a result of this lacuna in implementation, people are forced to
seek this information in writing and wait for 30 days for a reply.
Those who make the requisition are charged application fees for
information that the public authorities are bound to disclose
proactively. In some instances, they receive information after three
or four weeks. Both actions of the public authorities are against the
spirit of the Act. Information disclosed proactively must be made
accessible to the person who seeks it without any delay.

The government is also examining an amendment to Section 19 (dealing
with appeal) to enable the constitution of the benches in the Central
Information Commission (CIC). This is a welcome move, as the DoPT has,
in a circular, criticised the creation of benches by the CIC, as in
its view they should decide appeals and complaints in a collegium. The
Delhi High Court, in a recent case, erroneously upheld this position,
which is now under appeal before the Supreme Court. Observers have
pointed out that when the Central and State Information Commissions
hear cases in benches, they can dispose of cases before them
expeditiously, whereas if they hear cases in a collegium, it may lead
to a backlog of cases.

What makes RTI activists suspect these seemingly good proposals is
that the government is examining them along with ominous ones. A
discussion with the stakeholders on these proposals, whenever it is
held, would suggest that the government may not, after all, clear the
good proposals if there is no agreement on those that are likely to
weaken the Act.

Thus, one of the proposals opposed by the activists is the amendment
to Section 7 to avoid frivolous or vexatious requests. Section 7 deals
with disposal of requests by the Public Information Officer. The
definition of what constitutes frivolous or vexatious request will
always be debatable.

Another proposal that has invited the wrath of the activists is the
one to amend Section 8 (dealing with exemption from disclosure) to
modify slightly the provision about disclosure of Cabinet papers "to
ensure smooth functioning of the government and to take care of the
sensitivity of the office of the Chief Justice of India". This is a
sequel to the letter Justice K.G. Balakrishnan (currently Chairman of
the National Human Rights Commission) wrote, before his retirement as
the Chief Justice of India, to Prime Minister Manmohan Singh
requesting exemption for the office of the CJI from the purview of the
RTI Act. The activists questioned the propriety of the CJI in writing
such a letter to the Prime Minister when the Supreme Court was hearing
an appeal against the Delhi High Court's judgment that the office of
the CJI came under the RTI Act.

What has come as a big relief to the beneficiaries of the Act from
this latest reply of the DoPT to an RTI applicant is that the
government is no longer considering exempting file notings from its
applicability. On October 14, 2009, at a national-level conference of
Information Commissioners convened by the DoPT behind closed doors,
the department sought their approval for amending the Act to exclude
"information regarding discussions/consultations that take place
before arriving at a decision in a public authority", a euphemism for
"file notings".


SUSHIL KUMAR VERMA

MEMBERS OF THE National Campaign for People's Right to Information
staging a dharna against amendments to the RTI Act. A file photograph.

Office procedure manuals require all government officers involved in
the chain of decision-making on any matter to record their opinion,
advice and words of caution in the file concerned. These are called
file notings – essentially they are a record of the consultation and
discussions that must necessarily be held before any decision is made
or action is planned by a public authority.

As the Commonwealth Human Rights Initiative (CHRI) has suggested in a
study, citizens must have the right to hold public functionaries
accountable for tendering ill-considered or unlawful advice or advice
that is intended to benefit vested interests. This will be possible
only if people have access to all information about the
decision-making process. If the category of discussions and
consultations is excluded, the primary objective of the RTI Act,
namely, enabling citizens to hold the government and its
instrumentalities accountable, will become impossible to attain.
Transparency in the details of the decision-making process will ensure
that officials tender only such opinion and recommendations that have
a basis in law, are in tune with established norms, and are defensible
when questioned.

Following intense opposition from the Information Commissioners, the
CIC and civil society, the DoPT appears to have tentatively abandoned
the proposal. The DoPT apparently thinks information regarding who
gave what opinion or advice in a decision-making process has no
relevance to the general public. It is claimed that disclosure of such
information will hamper the free flow of thought among officers.
Activists, therefore, wonder whether the DoPT's latest proposal to
deny information to frivolous and vexatious petitioners is aimed at
refusing disclosure of file notings without actually calling it so.

Another proposal under the government's consideration is to amend
Section 24 to incorporate a provision about partial exemption of
organisations possessing "sensitive information". Section 24, at
present, only says the Act shall not apply to the intelligence and
security organisations specified in the Second Schedule of the
Constitution, and that information pertaining to allegations of
corruption and human rights violations shall not be excluded. The
expression "sensitive information", therefore, has given rise to
misgivings about the government's intentions. The Second Schedule
currently includes 22 organisations.

According to the CHRI, the DoPT has announced its intention to review
this list and pull out the following organisations: the Directorate of
Revenue Intelligence, the Directorate of Enforcement, the Narcotics
Control Bureau, the Special Frontier Force, the Border Security Force,
the Central Reserve Police Force, the Indo-Tibetan Border Police, the
Central Industrial Security Force and the Assam Rifles. The CHRI has
welcomed the proposal to remove these entities from the Second
Schedule, as this blanket exclusion is against the principle of
maximum disclosure that underpins the Act. According to the CHRI, this
withdrawal of names of organisations from the Second Schedule does not
require an amendment of the RTI Act. It can be accomplished by a
simple gazette notification, which the government can place before
Parliament later for approval.

The CHRI has suggested that there is a strong case for removing all
such organisations from the list. The sensitive information held by
such organisations is adequately protected by the exemptions provided
under Section 8(1) of the Act as is the case with any other public
authority. There is no reason why non-sensitive information about
their appointed functions must also be excluded from public authority,
the CHRI says.

There are other lacunae in the Act, which have so far not caught the
government's attention. The RTI Act and the Rules made under it do not
specify a time limit for Information Commissioners to dispose of
appeals and complaints. A time limit will ensure that there is no
accumulation of cases.

The CHRI has proposed that all Information Commissioners should lay
down for themselves a maximum time limit within which to dispose of
appeals and complaints and this time limit must be disclosed
proactively (for example, at least 90 per cent of the cases must be
disposed of within three months).

Section 26 makes the government duty-bound to organise educational
programmes with particular emphasis on disadvantaged communities. The
CHRI has proposed that the Central and State governments must
incorporate public education and training of officers with regard to
the RTI as an important component of their regular work in all
departments. It has urged all governments to allocate adequate
resources for conducting public education programmes and training
officers and employees of all public authorities.

A study has found that awareness about the Act in rural areas is much
less than in urban areas; awareness among women is much less than
among men; and the gap in implementation of the Act is because of the
absence of accountability in respect of various functionaries. The
CHRI has suggested that these are the result of non-compliance with
the obligations under Section 26. The governments have not even
allocated adequate resources for public education in their budgets
even though Section 26 says disadvantaged communities must be the
focus of the government's public education efforts, the CHRI has
pointed out.

==========================================================================================================================
http://www.frontline.in/stories/20100910271801600.htm

No dilution of the Act should be allowed'


AJOY ASHIRWAD MAHAPRASHASTA


Interview with Subhash Chandra Agrawal, RTI activist.

SUSHIL KUMAR VERMA

S.C. AGRAWAL: "India's RTI Act is one of the best in the world."

SUBHASH CHANDRA AGRAWAL has been a consistent RTI activist since the
Act was implemented. He also holds the rare distinction of having
filed 800 right to information applications in various government
departments, thereby exposing many scams in the system. He and his
wife Madhu Agrawal also hold the world record for sending the highest
number of letters to newspaper editors in one calendar year, as per
the Guinness Book of World Records. Judicial and bureaucratic circles
keenly follow his method of using the RTI Act against loopholes and
corruption in the system.

While the Supreme Court accepted Agrawal's plea for declaration of
wealth by judges of higher courts, the Delhi High Court upheld his
plea for bringing the Chief Justice of India under the purview of the
RTI Act. Agrawal spoke to Frontline at his Chandni Chowk office in
Delhi about his achievements and how the RTI has made the political
system more accountable.

What prompted you to use the RTI Act to gather information from
various government departments?

I have filed 800 RTI applications till date. More than 150 have
reached the Central Information Commission [CIC]. Initially, my main
focus was the judicial system. Perhaps, I was the first person to
collaborate with the media to reveal the information I gathered
through the RTI. The Act became a weapon to aggressively pursue my
passion for a cause in the public interest. But what really prompted
me was my personal grievance against the higher judiciary.

What are the other areas that you later focussed on?

Almost all issues of public interest. The most important ones are
wealth and assets of judges and Ministers, appointment of judicial
officers, Ministers influencing the judiciary's decision. These three
applications concerning the judiciary have been challenged in the
Supreme Court by the Supreme Court itself. Recently, I exposed the
inflated construction cost of the Commonwealth Games projects. The
cost had gone up several times from what was projected when the Games
was first conceived. There were many other applications about
corruption among higher officials of the government and Ministers.
Another case was about corruption and favouritism in the choice for
the Padma awards, which I exposed.

The Judges' Assets Bill is to be introduced in Parliament. That's my success.

After filing so many applications, do you see any lacunae in the RTI Act?

I would say that India's RTI Act is one of the best in the world. But
Sections 27 and 28 of the Act should be repealed. These give powers to
competent authorities in the State governments to frame their own
rules. The provision is often misused by public authorities. For
instance, the Delhi High Court had fixed a sum of Rs.500 for an
application. This was contrary to the Act. When Justice A.P. Shah
became the Chief Justice of Delhi, he reversed all the rules. The
Bombay High Court does not accept poster applications. This is also a
violation of the Act.

Similarly, written submissions by public authorities, at least 20 days
before the scheduled hearing at the CIC, should be made compulsory,
with a copy sent to the petitioner. The CIC should have the power to
review its single-bench decisions by a larger bench at the Commission
itself. No dilution of the Act should be made as demanded by the
Department of Personnel and Training [DoPT] and the judiciary.

Your comments on the campaign against amendments to the Act.

The government wants to delete 'file notings applications' from the
clauses of the Act. The DoPT, the nodal functionary, was never
interested in including file notings in the Act. Even its website
stated that file notings are not carried under the Act. The CIC, in
its various verdicts, held that the RTI Act covered file notings. So,
I filed an application in the DoPT. Its officials always seek more
time to answer.

In one of the petitions, Rashtrapati Bhavan for the first time
informed me that file notings are not under the purview of the Act.
But I had got so many file notings before. Then I e-mailed Wajahat
Habibullah, Chief Information Commissioner, that the DoPT had been
using the time constraint clause to scuttle the RTI Act.

He took a strict decision on my petition, asking why penalty and
disciplinary punishment should not be imposed on violators of the Act.
The CIC took the DoPT to task and tried to argue a case of criminal
negligence on its part. The DoPT did not bother even then. So, I filed
another petition to the DoPT asking why it did not challenge the CIC
orders in court. This is when the DoPT fell in a trap. It had to
either make public its file notings or reveal information about the
punishment given to the officers who deliberately delayed the
information. It had to ultimately surrender and accept file notings as
under the RTI Act's purview. The Act has made the political system
more accountable with all its strengths and weaknesses.

Recently the Prime Minister's Office intervened to direct the DoPT to
take file-notings as 'information' only on my petition pending
disposal at the CIC.

Eight activists were murdered in the last seven months across India
for having exposed various scams through the Act. You are an RTI
activist. Do you think that the government can provide some kind of
immunity or security to RTI activists?

These attacks will always be there because of a nexus between
criminals and politicians. Nobody can prevent them because there is no
strict definition of an RTI activist. Providing security to them is
not practically possible. I have a very extreme view though. Only when
the security covers of high officials and VVIPs are snatched the
authorities will be sensitive to the lives of commoners. They will
also be sensitive to the lives of RTI activists and petitioners. The
security the VIPs get is funded from the public exchequer. Criminals
are operating in the disguise of politicians. RTI activists are a real
danger to them. Lawmakers also hate accountability; they are made
accountable because of the RTI Act. So, I fear more such attacks and
murders.

The Whistleblowers Protection Bill, pending with the government,
proposes some kind of immunity to the whistle-blower. Since an RTI
activist cannot be defined, is there any way in which some immunity
can be guaranteed?

We cannot have a strict definition of an RTI activist. Anyone can file
an RTI application for any information he requires. If a person files
100 applications, can he be termed an RTI activist? Not necessarily.

The only solution is to snatch the security provided to all those who
do not deserve it. Only then they will understand the value of common
people's lives.

In your experience, which department was the most uncooperative?

The worst department according to me is the Municipal Corporation of
Delhi [MCD]. I get abusive calls from it asking me stop sending
petitions under the RTI Act. I exposed the Nigambodh Ghat [Delhi's
biggest crematorium] scam where the MCD was charging Rs.4,000
unofficially for burning the body in a raised platform surrounded by
grills. They called it VIP charge. I asked for file notings about this
VIP place. They tried to pass the buck to the Delhi Development
Authority but the DDA claimed ignorance. Then the MCD said it had a
public-private partnership with the Arya Samaj, Lodhi Road, so the
Samaj could have ordered the charge. The Arya Samaj refuted this.

The MCD even sent some goons to threaten me. Its officials have been
so rude and unfriendly.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Registration for Online Certificate Course on Right To Information (OCC_RTI) are open ( Please Apply & Circulate )

Registration for Online Certificate Course on Right To Information
(OCC_RTI) are open - for details pls. visit

http://rtiocc.cgg.gov.in/login.do

Online Certificate Course on Right To Information (OCC_RTI)
Frequently Asked Questions

1. Registration for Online Certificate Course on Right To Information (OCC_RTI)

Thank you for your interest in OCC_RTI. The registrations for OCC_RTI
are closed for now.

Fresh registration will be announced after the candidates who have
registered already are exhausted by selecting them in the next several
batches. Please keep watching this space for the next announcement of
registration.

Fresh registrations will also be announced on www.cgg.gov.in and www.rti.org.in

2. I have registered for the OCC_RTI. So far I haven't received any reply?

The selection to the course is on a first-come-first-served basis.

If you have already registered, you shall be selected in later batches to come.

You shall receive an e-mail about your selection (about 2 days before
the commencement of the batch). This e-Mail would contain all the
information you could use to take this course including the user_id
and password.

3. What is the OCC_RTI course about? What is the duration of the course?

OCC_RTI is a 15-day online course.

These 15 days are further divided into two slots. The first 12 days
are allocated to study the chapters and thereby the modules including
taking a quiz for each chapter. The last 3 days are to be used for
taking the online examination.

The online course is flexible. Within these slots of 12 days and 3
days, a candidate can complete the course work (i.e,. study of
modules) at her / his convenience - one or more than one chapter /
module at a time. It is estimated that each chapter and its respective
quiz can be completed in one hour.

The candidate has the option of studying the material in one day or in
any number of days between Day 1 to Day 12.

The course content will be supplemented with additional reading and
reference material for the better understanding of RTI by the
candidates.

It consists of 4 Modules. Each module comprises 3 chapters. The entire
Course is to be completed over a continued period of 15 days.

Various kinds of reference material have been provided for the
reference of the candidates taking this course. Some tips about
further reading have also been provided.

Further references in the form of relevant circulars of DoPT and
relevant decisions of the Central Information Commission have also
been provided. These are all available below the `Discussion Forum`
window.

The course material will be supported by a discussion forum.
Candidates are encouraged to raise queries, air their views, and share
experiences as they go along. All candidates can post their queries /
views/ experiences. There will be a moderator for the discussion forum
to facilitate and oversee the discussion.

4. What is the purpose of taking the OCC_RTI?

Perusing this course is going to be important from the point of view
of understanding several implementation-related aspects of the 'RTI
Act, 2005'.

5. How is the examination conducted?

After the 12th day (i.e. for Days 13, 14 & 15) the course material and
the discussion forum will be closed. These days are set aside for a
candidate to write an "Online Examination". On the successful
completion of which, he / she would be issued a "Certificate of
Completion".

Two case studies with 2 questions each have to be answered. Each
question will carry 25 marks. Total marks for the exam will be 100.
The answer to each question should not exceed 150 words.

Candidates can take the examination in one sitting or in multiple
sittings. Before submission of answers-to-the-examination, a brief
feedback form would need to be filled by the candidates

Based upon the performance, a candidate would be placed in Grade A /
Grade B / Grade C. The grading will be done on the following basis:
Grade A: 80% & above

Grade B: 60% - 79%

Grade C: 50% - 59%

<!--[endif]-->

A certificate would be generated for a candidate only on securing the
minimum prescribed qualifying marks in the examination. Those who do
not get 50% marks in the examination will be declared as Not
Qualified. These candidates will not receive any certificate.

Candidates who do not secure the minimum qualifying marks will NOT
have the option to repeat the Online Examination again in the same
batch. Should they wish to take the examination with any of the
subsequent batches, they would need to convey it to the Administrator
at occhelpdesk. Candidates can write the Online Examination later in
exceptional circumstances, provided they communicate to the
Administrator their inability to do so before the 12th day of the
completion of their assigned batch.

The Administrator would communicate back to the candidate after due
consultation with DoPT, and assessment of vacant slots if available in
the subsequent batches.

6. How do I participate in the Discussion Forum?

The Course Work will be supported by a `Discussion Forum`. Candidates
are encouraged to raise queries, air their views, and share
experiences as they go along. All candidates can post their queries /
views / experiences. Like the Course Work, the Discussion Forum will
also be available from Day 1 through Day 12. It will not be available
for the duration of the Examination i.e. Days 13, 14 & 15.

Given that the batch that has been selected comprises different stake
holders, some answers may emerge from the discussions of the
candidates themselves.

There will be a moderator for facilitating the forum. The moderator
may answer queries / doubts immediately if he / she is participating
in the discussion, or may offer her / his inputs later.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

‘Freedom of information’ law seen as key to dev’t

http://www.mb.com.ph/articles/274021/freedom-information-law-seen-key-dev-t

'Freedom of information' law seen as key to dev't

By CHARISSA M. LUCI

August 24, 2010, 7:00pm

HAMBURG, Germany – The Freedom of Information Act (FOIA) is not
irrelevant as it still serves as a key to development, especially in
developing nations, according to a German journalist and scholar.

Addressing recently 22 journalists from 17 countries participating in
this year's Summer Academy on Freedom and Responsibility, initiated by
the International Institute for Journalism of InWent-Capacity Building
International, veteran German journalist and scholar Dr. Manfred
Redelfs said he believes that the FOIA still serves as a key to
development in developing countries, including the Philippines.

"The FOIA is holding every government accountable for its action. It
prevents corruption," he said.

He said a well-informed public could help in nation- building,
stressing that the access to information, particularly on government
affairs, is a "prerequisite for effective citizen participation."

"The public has a right to know how public money is being spent," he stressed.

The Philippines is still struggling to ratify the Freedom of
Information (FOI) bill, which has been pending in Congress since 2001.

Although the 1987 Philippine Constitution provides for the right of
the people to information on matters of public concern, human rights
activists, lawmakers, as well as media organizations, have been
pushing for the passage of the long-overdue FOI bill in the 15th
Congress.

Manila's FOI bill was not ratified in the final session day of the
14th Congress due to a lack of quorum in the House of Representatives
last June. There were only 128 out of 268 lawmakers who attended the
session last June 4.

The Philippines is among the first 14 countries which had its law
promoting freedom of information. Sweden had the oldest Freedom of the
Press Act, which was passed in 1766, followed by Colombia in 1888,
Finland, in 1951, and the United States in 1966.

Redelfs, who heads the Greenpeace's research unit and currently serves
as lecturer at the University of Hamburg, also identified the criteria
for a "good FOIA," which include the regular publication of certain
types of information even without a request; all forms of information
are covered such as paper, electronic records, maps; and availability
of information on the Internet.

He said the FOIA should have narrow exemptions, particularly when
dealing with sensitive information concerning one's rights to privacy.

He said the FOIA should also provide for the immediate and possibly,
free access to government documents.

He said several actors have played crucial roles in pushing or
lobbying for a FOIA. He even noted a particular state is pressed on
passing such a law because this is among the conditions set by some
world financial institutions, including the World Bank.

He recalled that Germany's FOIA, which was passed into law in 2005,
but was enforced a year after, received strong opposition from the
bureaucracy, majority of the ruling Social Democratic Party and the
Industry Boards. Those who expressed all-out support for the bill were
the Green Party, some members of the Social Democratic Party; and
non-government organizations, including the Civil Liberties Union and
Transparency International.

Ironically, Redelfs disclosed that several German journalists "did not
care so far" whether or not the law would be passed.

In the Philippines, the new administration of President Benigno Aquino
III already threw its support behind the bill, which the public hopes
will serve as a powerful tool to empower them.

Redelfs also pointed out that the youths of a nation, still aiming for
a FOIA, could contribute and bring in changes in a country which
deprives its citizens of their right to information. This could be
applied to the current situation in Vietnam where media censorship is
high. The young people's access to information through the Internet,
as well as exposure to other cultures, could introduce reforms in
their restricted society.

While, some claimed that FOIAs seem to be useless, he said there is
something to hope for when a nation has its own FOIA.

The FOIA proves to be effective in steering the wheel of public debate
in developed countries, including the US and Germany as well as some
Asian countries, including Thailand, he said.

Redelfs said that if not for the FOIA, daily calendars of top state or
local officials showing their working habits, including that of
President George W. Bush, would not have been disclosed in the US and
Germany, as well as the names of detainees at the Guantanamo prison of
the US in Cuba.

If not for the FOIA, the admission system in public schools in
Thailand would not have been changed and that the people would not
have been informed that the German airline Lufthansa and other
companies such as Philip Morris Holland B.V. have been collecting
agricultural export subsidies from the European Union(EU), he claimed.

Redelfs also recognized that while some developing countries have
struggled to pass their own FOIA, other countries, on the other hand,
have failed to implement the law and as a result, the general public
is deprived of the right to information.

In one of the Summer Academy sessions, Wikileaks editor Daniel Schmitt
said the FOIA is irrelevant nowadays, considering the failure of some
states to "put into practice" the right-to-access-to-information
clause of such law.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sitapur rti-user budhai ram gautam case update

res. all

please find another rti filed by budhai ram . This rti is unanswered
till date ?

http://file1.hpage.com/000223/57/bilder/budhai_rti_1of2.jpg

http://file1.hpage.com/000223/57/bilder/budhai_rti_2of2.jpg

A news related to the case appeared in dainik hindustan samvaad. the
same is available at given link

http://file1.hpage.com/000223/57/bilder/hindustan_sambad_budhia.jpg

best regards

----------------------------------------

Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 23 August, 2010

aishwarya the youngest rti right to information act 2005 successful ...

rti & uttar Pradesh - Allahabad HC RTI rules not in conformity with the Act

respected all,

earlier we , the rti activists were saying this now CIC has also put
his stamp on the demands of the activists from Uttar Pradesh . Please
read on

http://www.expressindia.com/latest-news/Allahabad-HC-RTI-rules-not-in-conformity-with-the-Act--CIC/663890/

Allahabad HC RTI rules not in conformity with the Act: CIC

Agencies
Posted: Aug 23, 2010 at 1610 hrs IST

New Delhi The Central Information Commission has taken strong
exception to the Allahabad High Court's rejection of RTI applications
which sought details of action on complaints against judges of
subordinate courts on grounds that the disclosure of such information
was not a rule or practice.
The Right to Information Act allows a public authority to frame RTI
rules for the processing of information sought by applications. These
rules may include fee, process adopted for the facilitation of
information, the officials who need to be contacted among others.

One such rule of the High Court says, "Notwithstanding anything
contained anywhere in these Rules, the applicant will be furnished
with the information, requested for, if and only if, the furnishing of
such information is not otherwise against any law or practice."

The rule was cited by the High Court while rejecting the RTI
applications of Onkar Sharma who sought to know the action taken on
his complaint against Civil Judge Veena Chaudhry and Ajay S Jajodia
who wanted details of action initiated on his complaint against Civil
Judge of Varanasi Aniruddha Maurya.

"If the High Court has established a practice of refusing such
information which would justify recourse to Rule 20 (v), this practice
is clearly in violation of the law and the CPIO is hereby directed to
ensure necessary changes in this practice to bring the management of
such records into compliance with the RTI Act 2005," Chief Information
Commissioner Wajahat Habibullah said in Sharma's case.

In the case of Jajodia, Habibullah said, "If, on the other hand, it
has been the practice in the High Court of Allahabad not to disclose
such information this practice is ultra vires of the RTI Act 2005."

The CIC directed the High Court to bring its rules "in conformity
with" the transparency law. The Commission also took exception to the
fact that the High Court Registrar had asked Jajodia, the reason for
seeking the information.

"the stand taken by the Registrar General, High Court of Allahabad is
in direct contravention of Section 6(2) of the RTI Act which states
without ambiguity 'An applicant making request for information shall
not be required to give any reason for requesting the information or
any other personal details except those that may be necessary for
contacting him," Habibullah said.

He said any information could only be denied if any of the sub-clauses
of section eight to the RTI Act were applicable on it. The section
lists several categories where disclosure is exempted.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 21 August, 2010

Aishwarya Sharma of Lucknow is The youngest RTI ( Right To Information ) Act 2005 user of INDIA

Aishwarya Sharma of Lucknow is The youngest RTI ( Right To Information ) Act 2005 user of INDIA

youngest rti user of india

please watch the video n read the rti success story at ibn7 news channel

http://khabarstg.ibnlive.com/news/38008/8?from=prestory

http://khabar.ibnlive.in.com/videos/38008

http://khabar.ibnlive.in.com/news/38008/8

आठ साल की ऐश्वर्या बनी आरटीआई वाली लड़की
आईबीएन-7 Posted on Aug 18, 2010 at 17:56 | Updated Aug 18, 2010 at 18:55

लखनऊ। दुनिया की हर बेफिक्री से दूर होकर बच्चे जिस उम्र में अपने बचपन
को जीते हैं उस उम्र में नन्हीं ऐश्वर्या ने अपने बचपन को अपने से बड़ों
के लिए एक मिसाल बना दिया। ऐश्वर्या ने RTI का इस्तेमाल करके अपने स्कूल
में लाइब्रेरी बनने का रास्ता बनाया। इतने पर भी स्कूल के अच्छे भविष्य
के लिए ऐश्वर्या का प्रयास लगातार जारी है।


8 साल की ऐश्वर्या को स्कूल में सभी RTI वाली लड़की कहते हैं। ऐश्वर्या
नाम के पीछे की कहानी बताते हुए कहती हैं कि उनके मॉटेसरी स्कूल में कुछ
महीनों पहले ही एक लायब्रेरी बनी है। इसके पहले वहां कूड़े का ऊंचा ढेर
हुआ करता था। यह जगह एक कूड़ा घर थी, जहाँ पर पूरे इलाके की गन्दगी जमा
होती थी। ऐश्वर्या बताती हैं कि स्कूल के ठीक सामने बने कूड़े घर से हम
बच्चों को काफी परेशानियां होती थी। लगातार आने वाली बदबू से स्कूल में
पढ़ना भी मुश्किल हो जाता था और कूड़ाघर से बच्चों में बीमारी फैलने का
काफी ख़तरा था।


ऐश्वर्या कहती हैं कि साल 2009 में स्वाइन फ्लू का प्रकोप फैलने के बाद
स्कूल के अध्यापकों ने बच्चों को मास्क पहनने के लिए कहा, हमें ब्रेक के
समय स्कूल से बाहर निकलना भी मना था। इसके बाद मैंने इस बारे में हमारी
मुख्यमंत्री मायावती को चिठ्ठी लिखने का फैसला किया। चिट्ठी लिखने के
महीनों बाद भी कोई जवाब नहीं मिला। इसके बाद ऐश्वर्या ने RTI का सहारा
लिया। ऐश्वर्या ने इससे पहले अपने माता पिता को RTI के बारे में बात करते
हुए सुना था। ऐश्वर्या को RTI में ही उनकी समस्या का समाधान दिखाई दिया।
उन्होंने अपनी माँ की मदद से चीफ़ मिनिस्टर ऑफिस में RTI डाली और पहले
डाली गई चिट्ठी का जवाब मांगा इसके साथ ही उन्होंने यह भी पूछा की
कूड़ाघर बनाने के लिए क्या क़ानून लागू है और इसकी गन्दगी से होने वाली
बीमारियों के लिए कौन ज़िम्मेदार है ? ऐश्वर्या को इसके बाद अपने पत्र का
जवाब तो मिला लेकिन उसमें सिर्फ इतना ही बताया गया ता कि उनकी चिठ्ठी को
लखनऊ नगर निगम भेजा गया है।

लखनऊ नगर निगम ने बहुत जल्द आदेश जारी कर स्कूल के बाहर से कूड़ाघर हटवा
दिया। कुछ ही दिनों बाद कूड़े घर की ज़मीन भी स्कूल प्रशासन को सौंप दी
गई। इन सबके बाद स्कूल ने उस जगह लायब्रेरी बनवा दी। आज इस लायब्रेरी में
पढ़ने के लिए किताबें हैं, बैठने के लिए कुर्सियां हैं, चारों तरफ पंखे
भी हैं।

इतने पर भी रह रहकर एक डर ऐश्वर्या को हमेशा खलता है कि किसी दिन फिर से
इस लायब्रेरी को हटाकर फिर यहां कूड़ा डलना ना शुरू हो जाए। इसलिए
उन्होंने यह जानने के लिए कि आखिर कूड़ा घर बनाने के लिए क्या नियम कायदे
हैं एक और RTI राष्ट्रीय सूचना आयोग में डाली है। ऐश्वर्या कहती हैं कि
जब तक उन्हें उनके प्रश्न का लिखित जवाब नहीं मिल जाता उनकी लड़ाई जारी
रहेगी।

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 20 August, 2010

Hats off to Salim Beg - the unmatched rti user & an avid crusader against corruption

http://in.jagran.yahoo.com/news/article/article.php?aid=6651569&cid=220&scid=241

इस्तेमाल किया आरटीआई, मिली जेलAug 15, 06:26 pm
मुरादाबाद [राशिद सिद्दीकी]।

अमर शहीदों ने जान की कुर्बानी देकर अंग्रेजों की गुलामी से देश को
मुक्त कराने के लिए लंबी लड़ाई लड़ी मगर अब आजाद भारत में लोगों को
अधिकारों की लड़ाई लड़नी पड़ रही है।

आजाद भारत में अधिकारों की जंग लड़ने वाले स्वतंत्रता से संवाहकों में एक
नाम सलीम बेग का है, जिन्होंने कुछ वक्त पूर्व मिले सूचना के अधिकार का
इस्तेमाल शुरू करते हुए कुछ ऐसे मुद्दों से परदा हटाने की कोशिश जो कहीं
न कहीं राष्ट्र अथवा जनहित से जुड़े थे।

सूचना के अधिकार के प्रति सामाजिक जागरूकता की इन कोशिशों में कुछ बिंदु
व्यवस्था पर गहरा रही भ्रष्टाचार की छाया से जुड़े थे तो सलीम को आजाद
भारत में अपनी ही कही जाने वाली व्यवस्था से उत्पीड़न की मार झेलनी पड़ी।

रसोई गैस व्यवस्था के भ्रष्टाचार से लेकर पुलिस की कमजोरियों पर सूचना
अधिकार का इस्तेमाल करने वाले सलीम जवाबी हमले के तहत 18 दिन की जेल काट
चुके हैं और सरकारी डंडे की मार से बचने के लिए उन्हें डेढ़ बरस खुद को
ही तड़ीपार भी रखना पड़ा। हालाकि वह फिर भी अपनी मुहिम जारी रखे हैं।

कस्बा भोजपुर निवासी सलीम बेग ने सूचना के अधिकार का इस्तेमाल शुरू करते
हुए एक गैस एजेंसी से जुड़ी सूचनाएं एकत्रित कीं और 18 सौ फर्जी कनेक्शन
का राजफाश किया। फिर सलीम ने पुलिस भर्ती की सूचनाएं मागी। सूचनाएं नहीं
मिलने पर राज्य सूचना आयोग को चुनौती देकर तत्कालीन एसपी देहात पर
जुलाई-07 में 25 हजार का जुर्माना डलवाने में कामयाबी हासिल कर ली।

वर्दी को यह बात नागवार गुजरी और जवाबी हमले के तहत भोजपुर थाने में सलीम
के खिलाफ दो रिपोर्ट दर्ज हुई। नतीजे में यह जंग न्यायिक स्तर तक पहुंची
और हाईकोर्ट ने दोनों रिपोर्ट खारिज कर दीं। यही नहीं इन स्थितियों पर
सूचना आयोग ने तत्कालीन एसएसपी पर भी छह हजार रुपये जुर्माना आरोपित
किया। एसएसपी के वेतन से छह हजार रुपए लेना सलीम को और महंगा पड़ा। भोजपुर
थाने में फिर रिपोर्ट दर्ज करके सलीम को गिरफ्तार कर लिया गया और सलीम को
18 दिन जेल में बिताने पड़े। जेल से जमानत पर रिहा होते ही सलीम के खिलाफ
फिर रिपोर्ट दर्ज हुई। इस बार सलीम पुलिस की गिरफ्तारी से बचने को डेढ़
साल तक घर ही नहीं भोजपुर से ही दूर रहे।

पुलिस उत्पीड़न, जेल की रोटी और घर से बेघर होने के संघर्ष से सलीम ने
सूचना के अधिकार को लचर व्यवस्था के खिलाफ हथियार बनाने का संकल्प बना
लिया।

इसके बाद सलीम ने मुख्यमंत्री द्वारा अपने जन्मदिन पर वर्ष-08 में जेलों
से 12780 बंदी रिहा करने की घोषणा को सूचना अधिकार के तहत चुनौती देते
हुए इस बाबत कानूनी प्रावधान की जानकारी मागी तो साफ हुआ कि यह घोषणा
संविधान के प्रावधानों के अनुकूल नहीं है। साथ ही राज खुला कि
मुख्यमंत्री के जन्मदिन पर छोड़े गए बंदियों ने सजा पूरी कर ली थी और उनकी
रिहाई स्वाभाविक थी।

सलीम अब तक 36 सौ सूचनाएं माग चुके हैं। जर्जर रेल पुल, काग्रेस नेता
रीता बहुगुणा की गिरफ्तारी पर लखनऊ से पैरवी करने हेलीकाप्टर से आए
वकीलों पर हुआ खर्च, मनरेगा, गुंडा एक्ट कार्रवाई, पुलिस अभिरक्षा में
मौतें, एनकाउंटर, अल्पसंख्यकों से जुड़े मुद्दे इनमें प्रमुख हैं। यही
नहीं मुख्य सूचना आयुक्त रणजीत सिंह पंकज की नियुक्ति पर भी सलीम सूचना
अधिकार के तहत सवाल उठा चुके हैं। इस बीच उनके सूचना दायरे में आने वाले
कई दबंग जान की धमकी भी उन्हें दे चुके हैं। इसके बाद भी इकला चलो की
शैली में सूचना के अधिकार को हथियार बनाए सलीम कहते हैं-व्यवस्था में
सुधार उनका मकसद है, जिसके लिए वह तन, मन और धन से जुटे रहेंगे।

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

when shall this stop ?

http://timesofindia.indiatimes.com/city/chennai/RTI-activist-found-dead-on-road/articleshow/6346865.cms

RTI activist found dead on road
TNN, Aug 20, 2010, 04.11am IST

CHENNAI: A 68-year-old Right to Information activist in Kancheepuram
was found dead on the side of a road in Velathottam in Kancheepuram
district on Thursday evening.

V Balasubrmanian had filed a number of applications under the Right To
Information (RTI) Act seeking information about alleged irregularities
in several handloom weavers' cooperative societies in Kancheepuram
district, it was learnt.

Federation of Anti-Corruption Teams-India general secretary T
Retnapandian of Chennai told TOI that Balasubramanian had been facing
intimidation from several people against his activism. Balasubrmanian
had no reason to go to the place where he was found dead and that
raises suspicion about the death, he added.

Retnapandian said he (Retnapandian) had also filed RTI applications on
the alleged irregularities in certain handloom cooperative societies
in Kancheepuram district.

"I was about to inspect the records of some societies last month. But
I did not go as I heard that I might be attacked by some unidentified
men there," Retnapandian said.

Kancheepuram subdivision DSP K Rajendran said Balasubramanian's body
was found in a sitting position by the road side at Velathottam under
Magral police station limit around 5.30pm. "Initial medical reports
suggested that he may have died of a heart attack. There were no
external injuries on the body,'' the DSP said.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Thursday 19 August, 2010

Public Hearing in Lucknow for Right to information Act 2005 Users of Uttar Pradesh

Public Hearing in Lucknow for Right to information Act 2005 Users of Uttar Pradesh

Public Hearing in Lucknow for Right to information Act 2005 Users of Uttar Pradesh

Public Hearing in Lucknow for Right to information Act 2005 Users of
Uttar Pradesh

Coming September , we are organizing an open public hearing in Lucknow
for users of rti act 2005. This public hearing shall be focused to rti
matters related to Uttar Pradesh only .

The public hearing shall address all the problems faced by the rti
users related to smooth implementation of the RTI act in Uttar Pradesh
be it a problem in drafting a rti demand letter of section 6 of rti
act , a problem in approaching/finding the PIO/AA in a government
office , a problem in drafting complaint/appeals , non-cooperation of
public authority/UPSIC of any sort , harassment / victimization by
public authority/UPSIC/any other person or organization of any sort ,
discharge of wrong/incomplete info by the public authority , change
of order by any of the info-commissioners , dissatisfaction by the
working of social individuals/groups of any sort or may be any other
issue of any sort.

Please send details of the cases duly supported with the enclosures
along with their complete contact details ( preferably with e-mail ID
& telephone no. also )

by post to : Urvashi Sharma , F – 2376 , Rajajipuram , Lucknow Uttar
Pradesh , Pin – 226017

By email to – aishwaryaj2010@gmail.com

For further queries feel free to call 8081898081

All onboard fellow members are requested to co-operate and forward
this mail to their contacts who have used rti in uttar pradesh or who
have any sort of experience with rti in uttar pradesh to make our
efforts meet a logical end.

Based on the experiences & feedback of this JANSUNWAI of Uttar
Pradesh RTI users , we shall be organizing a National Public Hearing
for RTI users of all the states & Union Territories of India in the
month of February in coming year 2011 at a venue to be decided later
on , so be prepared to help for that mega event as well.

In the last but not the least , once again an appeal for those who
care a lot for the rti users n their lives but haven't expressed it in
this petition , should click the given link n sign the online petition
,

http://www.petitiononline.com/13062010/petition.html

Best Regards;

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

http://www.petitiononline.com/13062010/petition.html

rti in uttar pradesh - Govt employee pulled up for slack response to RTI query

http://timesofindia.indiatimes.com/city/lucknow/Govt-employee-pulled-up-for-slack-response-to-RTI-query/articleshow/6333401.cms

Govt employee pulled up for slack response to RTI query

TNN, Aug 19, 2010, 02.26am IST

LUCKNOW: Acting late on an RTI application can work against a
government employee. As happened with one of the senior clerks in the
directorate of local bodies. The said employee did not bring the RTI
application to the notice of PIO on time. As a result, the information
sought by the applicant could only be provided to him a year after.
The directorate of local bodies took disciplinary action against the
senior clerk and made an adverse entry in his ACR.

In the said case, in sequence of the orders passed by the high court
and supreme court, applicant, Salim Baig had sought information about
the work taken up by the government to remove encroachment from ponds,
wetlands and wells in the state. He had sought district-wise
information under RTI from urban development department. The applicant
had asked for the information a year back, on July 6, 2009.

The application was transferred by the public information officer
(PIO) of the urban development department to the principal secretary,
rural development department and director, local bodies, on July 16,
2009. The directorate of local bodies provided the information to the
applicant exactly a year after, on June 4, 2010. The information could
not be provided on time because the application was not forwarded
quickly to the PIO by one of the senior clerks. This being the reason
why directorate took disciplinary action against the said employee.
Since the information provided by the directorate was incomplete,
applicant lodged a complaint with the state information commission
(SIC).

The directorate informed SIC during hearing that it would provide the
complete information as and when it comes from remaining districts.
However, the rural development department did not provide the
information, claiming it was not related to it. This made the matter a
bit complicated.

The letter which was transferred to the rural development department
was in turn transferred by its PIO, Sita Ram Yadav, to PIO of revenue
department on August 4, 2009, on the ground that information demanded
by the applicant is related to the revenue department. But the said
letter did not reach revenue department. On the other hand, a copy of
the letter sent to the applicant to inform him that his letter has
been transferred to revenue department, did reach him. It was only
when PIO of revenue department was asked to be present in the
commission for the hearing, as he had failed to provide the
information, did he come to know of the matter.

The information commissioner Gyanendra Sharma, who heard the case in
June this year, directed the PIO of rural development department to
certify by way of a proof that he had transferred the RTI application
to the PIO of the revenue department. On the other hand, PIO of the
revenue department has also been directed to look into the matter of
`misplaced' letter.

The commissioner also ordered director of local bodies that remaining
information be provided to the applicant and to ensure that
information sought under RTI is provided by the office within the
stipulated time. The next hearing in the matter has been fixed for
September 7.

http://timesofindia.indiatimes.com/city/lucknow/Govt-employee-pulled-up-for-slack-response-to-RTI-query/articleshow/6333401.cms


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Wednesday 18 August, 2010

Tuesday 17 August, 2010

Sitapur - seems to be an anti rti land in uttar pradesh - Jagdev Prasad is another " Budhai Ram " of sitapur

Jagdev prasad , a resident of sindhauli block of sitapur filed a rti
in april 2010 which is available at given link

http://file1.hpage.com/000223/57/bilder/jagdev_prasad_rti_1_of_3.jpg

http://file1.hpage.com/000223/57/bilder/jagdev_prasad_rti_2of3.jpg

http://file1.hpage.com/000223/57/bilder/jagdev_prasad_rti_3of3.jpg

after filing of rti , jagdev was also victimized . jagdev filed a
lokvani complaint which is available at given link

http://aishwaryaj.hpage.com/jagdev_prasad_lokvani_complaint_26223364.html

jagdev is also running from pillar to post to get justice but his
efforts are of no avail as now a days the governments are of the
corrupts ( only ) by the corrupts and for the corrupts .

as they say

" the corrupt & bahubali hitay , the corrupt & bahubali sukhaya "

jagdev also needs help n support of the whole nation

so please........................................................

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 16 August, 2010

Dalit RTI petitioner faces BSP politico's wrath

Dalit RTI petitioner faces BSP politico's wrath

Press Trust Of India
Sitapur , August 16, 2010First Published: 16:00 IST(16/8/2010)
Last Updated: 16:01 IST(16/8/2010)

http://www.hindustantimes.com/Dalit-RTI-petitioner-faces-BSP-politico-s-wrath/Article1-587528.aspx

Uttar Pradesh may be ruled by a Dalit Chief Minister but poor Dalits
in the state's rural areas continue to suffer under the oppression of
upper caste politicians. One such case is that of a 50-year old dalit
Budhai Ram of Sidhauli village in Sitapur district, 80 kilometres from
Lucknow

Budhai Ram apparently made the mistake of filing a Right to
Information petition at the office of the Sitapur district magistrate
seeking details of sub-standard building material in the construction
of government buildings in his village by contractors.

He received no reply to his petition. What he did receive, he alleges,
were threats from the Chairman of the Sidhauli nagar panchayat, an
upper-caste politician considered close to a top-leader of the ruling
BSP. He says he was asked to stop his enquiries and keep his mouth
shut.

The leader's henchmen offered him a "settlement" but when he
approached the state Lok Ayukta with a complaint of corruption, they
attacked him and his wife.

"On May 15 this year, body of my five-year old daughter was found in
the pool of my village. I was threatened that I will also meet the
fate of my daughter but Police did not provide any protection to us.
On August 8, about 15 armed goons beat me and my wife mercilessly at
my home. I escaped and called the police station, the Circle Officer
and the ASP but to no avail," Budhai said.

When contacted, Sitapur Superintendent of Police, Jyoti Narayan termed
it a dispute between neighbours and denied that there had been any
attack on the family of Budhai.

"We have investigated his case at least thrice. On all these occasions
the complaints were found to be without any basis," he said. Narayan
said a new officer has been asked to re-investigate.

RTI activists have been the target of violence in several cases and
nine of them have been killed in different parts of the country this
year forcing the Centre to consider offering protection to them under
the whistleblowers category.


http://www.hindustantimes.com/Dalit-RTI-petitioner-faces-BSP-politico-s-wrath/Article1-587528.aspx
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 15 August, 2010

request to provide justice to rti user sri Budhai ram Gautam

by e-mail

To,
Bahin Km. Mayawati
The Chief Minister of Uttar Pradesh
Uttar Pradesh Government , Lucknow , U. P.

Sub.: request to provide justice to rti user sri Budhai ram Gautam

Madam ,

This refers to the news item titled " RTI applicant attacked in UP "
that appeared in GOVERNANCE NOW , available at given link

http://governancenow.com/gov-next/rti/rti-applicant-attacked

There are many hidden truths in Sri Budhai's case. Sri Budhai hails
from scheduled caste community but is is unable to get the F.I.R.
filed in Simple I.P.C. sections not to say of SC/ST Act.

Sri Budhai's letter of section 6 that trigerred all this is available
at given link

http://file1.hpage.com/000223/57/bilder/budhai_rti_sec_6_dated_29_sept_09.bmp

Sri Budhai's complaint to lokayukta is available at given link

http://file1.hpage.com/000223/57/bilder/budhai_lokayukta_complaint_dated_16_june_10.jpg

Sri Budhai's letter of section 7(1) of rti act for his life's safety
is available at given link

http://file1.hpage.com/000223/57/bilder/budhai_rti_sec_71_12_aug_10.jpg

Sri Budhai's undated draft of a letter can tell a lot about his woes ,
available at given link

http://file1.hpage.com/000223/57/bilder/budhai_undated_draft_letter.jpg

The tragic part is that despite these and numerous other letters , sri
budhai is leading an exiled life for fear of his life from the named
persons in his letters and the SP of district Sitapur.

Please take appropriate measures and issue necessary directives to the
concerned officials so that no injustice is done to this rti user any
further.

regards

Date : 15 August 2010

Urvashi Sharma
Social Worker & RTI Activist
F - 2376 , Rajajipuram
Lucknow , 226017
Uttar Pradesh
Mob. - 8081898081

copy for necessary acrion to by e mail

1- Smt Pratibha Patil , The President of India , New Delhi
2- Sri Manmohan Singh , The Prime Minister of India , New Delhi
3- The Chairman , NHRC , New Delhi
4-Sri B.L.Joshi , The Governor of Uttar Pradesh , Lucknow
5-The DGP , Uttar Pradesh Police , Lucknow

bcc : RTI onboard groups by e mail for necessary intervention at their end

Urvashi Sharma
Social Worker & RTI Activist
F - 2376 , Rajajipuram
Lucknow , 226017
Uttar Pradesh
Mob. - 8081898081

rti success story

please watch the link

http://www.youtube.com/watch?v=3uCRObKxnV4

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

must watch RTI success story on news channel IBN 7 - Citizen Journalist , Sun - 17:30 Hrs. , Mon - 16:30 Hrs.

must watch RTI success story on news channel IBN 7 - Citizen
Journalist , Sun - 17:30 Hrs. , Mon - 16:30 Hrs.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Right to Information and Uttar Pradesh

Right to Information and Uttar Pradesh

I sought info on 30th July 2010 , under RTI act 2005 from the Uttar
Pradesh Chief Minister's Office on development related issues post
independence. The details are as given –
1- Yearwise & schemewise budgetary allocations , actual funds
released & funds consumed ( in rupees ) for all development
Schemes/projects by Uttar Pradesh Government for the period from
01st April 1950 to 31st March 2010 ;
2- Yearwise Total fund allocations , actual funds released by Uttar
Pradesh Government & funds consumed by M.L.A.s' ( in rupees )
against the head M.L.A.s' fund (M.L.A.s' Vidhayak Nidhi ) for the
period from 01st April 1950 to 31st March 2010 ;
It is expected of a democratic government that it should suo - motto
disclose these infos in the interest of the larger section of the
society but in reality , even when asked under RTI act , the
disclosure of the info is being obstructed by the highest office of
the state.

My letter of section 6 was returned back to me by Mr. Yatindra Mohan ,
Deputy Secretary & the P.I.O. of the Uttar Pradesh Chief Minister's
Office vide letter no. I 750/CMI /10 Dated 10-08-10 . Scanned Copy of
this letter and the returned I.P.O. is available at given link

http://file1.hpage.com/000223/57/bilder/sec_6_letterdevelopment__returned_by_cmo_up.jpg

A perusal of this letter raises some serious points-
1- If the highest office of the Uttar Pradesh is really so much
ignorant about the RTI act that it should return the rti application
even after ( almost ) five years of enactment of the RTI act or do
they want to obstruct the disclosure of development related info ?
2- Why Mr. Yatindra Mohan the P.I.O. of the highest office of the
Uttar Pradesh has not transferred my point no. 1 to the Finance
Department and point no. 2 to the Planning department of Uttar Pradesh
Government under section 6 subsection 3 of the RTI act though he has
advised me that the can be obtained from these departments
respectively ? isn't it a conspiracy to demoralize the info-seeker and
gross violation of the act ?
3- Returning the letter of section 6 alongwith the IPO in original is
unwarranted and under no provision of the RTI act , this action can
be taken by the PIO. So shouldn't there be a formal training and tests
before the postings as PIOs ?

If these are the state of affairs in the highest office of Uttar
Pradesh vis-à-vis implementation & general understanding about the RTI
act, one can easily understand the state of RTI act 2005 in UTTAR
PRADESH .

The Scanned Copy of the returned letter of section 6 is also available
at given link

http://file1.hpage.com/000223/57/bilder/returned_sec_6_letter_development.jpg

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 14 August, 2010

Traditional chiefs under RTI purview: Gauhati HC

Traditional chiefs under RTI purview: Gauhati HC

http://timesofindia.indiatimes.com/city/guwahati/Traditional-chiefs-under-RTI-purview-Gauhati-HC-/articleshow/6310611.cms

PTI, Aug 14, 2010, 01.55pm IST

SHILLONG: The Gauhati High Court has ruled that traditional tribal
chiefs also fall under the purview of the Right to Information Act.

Dismissing a petition by a Syiem (Khasi tribal chief in Meghalaya) to
have the right to deny access to information related to his office, a
Shillong bench of the court headed by Justice T Vaiphei said, "The
petitioner as a responsible public authority is expected to and must
find ways and means to implement the provisions of the RTI Act".

"The institution of the Syiem is certainly a pre-constitution office,
but on coming into force of the Constitution of India, the institution
continue to be recognised as evident from paragraph 3 (h) of the Sixth
Schedule to the Constitution and the Khasi Autonomous District
(Appointment and Succession of Syiem, Deputy Syiem, Electors and
Rangbah Shnong) Act, 2007 enacted there under," Justice Vaiphei said
in the order passed yesterday.

Since the petitioner is discharging executive and judicial functions,
there is absolutely no reason as to why he cannot be held to be a
public authority, the court added

The Syiem of Mylliem had petitioned the High Court after the State
Information Commissioner (SIC), G P Wahlang, asked him to furnish the
details of financial transactions of the Syiemship as sought by an
NGO, the Federation of Khasi Jaintia and Garo People (FKJGP).

The Syiem had argued that the office of the traditional chief does not
come under the purview of the RTI Act.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

स्वतंत्रता दिवस ( १५ अगस्त २०१० ) की शुभकामनाएं - परन्तु क्या हम स्वतंत्र हैं ? सोचिये और स्वं को व्यक्त कीजिये .

स्वतंत्रता दिवस ( १५ अगस्त २०१० ) की शुभकामनाएं - परन्तु क्या हम
स्वतंत्र हैं ? सोचिये और स्वं को व्यक्त कीजिये .

मित्रों ,
स्वतंत्रता दिवस पर सूचना के अधिकार के लिए अपना जीवन कुर्बान करने वाले
सभी साथियों को श्रद्धांजलि अर्पित करते हुए आपसे अनुरोध है कि नीचे दिए
गए लिंक पर क्लिक कर सूचना के अधिकार के सिपाहियों के लिए अपने उदगार
अवश्य व्यक्त करने क़ी अनुकम्पा करें .

http://www.petitiononline.com/13062010/petition.html

धन्यवाद


उर्वशी शर्मा
समाज सेविका
लखनऊ
उत्तर प्रदेश

Friday 13 August, 2010

Exiled

Exiled

please sign n circulate given online petition

http://www.petitiononline.com/13062010/petition.html

Remember Budhai Kumar , RTI applicant who sought details of
construction material used in the shops constructed by the Nagar
Panchayat in Sitapur n was attacked a few days back by the goons of
the chairman of district's Sidhauli Nagar Panchayat.Kumar was warned
to stay out of this by the public information officer of the office
of the District Magistrate. Kumar's efforts to approach the state
information commission and the state Lokayukta has fetched no results
.

On 09-08-10 Kumar and his Wife Shanti were beaten n both of them
sustained head injuries. As per kumar's statement the attackers
included the bother and brother-in- law of Uma Shankar Mishra,
chairman of the Nagar Panchayat.

Kumar's moving to the nearest police station and sending a letter to
the Superintendent of Police Jyoti Narayan has fetched no results at
all.

The most tragic part is that kumar's 5 year old daughter, the only
child was murdered on 15-5-2010 by the same Uma shanker as per Budhai
n no fir has been filed in this matter also.

As usual the SP Jyoti Narain is busy transforming the matter the
other way so that the issue of RTI and Corruption is not raised
anymore.

Contact nos.
SP – 09454400309
Budhai kumar 09935630979

For fear of life of his family , kumar is leading an exiled life today
. As per kumar , the day he moves Sitapur , he shall be murdered.

I am forwarding kumar's case to State authorities n to NHRC as well n
request u all to co-operate n do the needful .

pls go thru given link also n cooperate by signing n circulating it

http://www.petitiononline.com/13062010/petition.html

Best regards


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Tuesday 10 August, 2010

RTI applicant attacked in UP

http://governancenow.com/gov-next/rti/rti-applicant-attacked

RTI applicant attacked in UP Budhai Kumar had sought details of
construction material used in the used in the shops constructed by the
Nagar Panchayat in SitapurGN Bureau | August 10 2010

An RTI applicant based in Sitapur district, Uttar Pradesh, has alleged
that he has been attacked by the goons of the chairman of district's
Nagar Panchayat.
Kumar, 50, had filed application under the Right to Information (RTI)
Act to seek information on the construction material used in the shops
which were constructed by the Sidhauli Nagar Panchayat.
The public information officer of the office of the District
Magistrate asked Kumar to collect the information from the Panchayat
office. But the information was not given.
"When I went to collect the documents, they said that lot of people
come asking for such information. I should stay out of this," said
Kumar.
Kumar then approached the state information commission which was also
unable to provide the information.
He also lodged a complaint with the state Lokayukta (ombudsmen).
On Monday around 4pm when Kumar was away from his home, eight to ten
men carrying sticks and sickles entered his house and beat his Wife
Shanti. When Kumar rushed to the house, he was also beaten.
Both have sustained head injuries.
"The attackers included the bother and brother-in- law of Uma Shankar
Mishra, chairman of the Nagar Panchayat," said Kumar. "Before this
attack, they had verbally threatened me many times," he added.
After the attack, Kumar went to the nearest police station, but the
police refused to lodge a first information report.
Kumar says that he also called the Superintendent of Police Jyoti
Narayan who assured help. "I have no information about this case,"
Narayan told Governance Now.
As many as eight RTI activists have been killed this year including
Gujarat based activist Amit Jethwa who was murdered in July.

Recently, RTI activists from across the country conducted a rally in
the capital to condemn these killings.

Last Thursday, minister of state in the prime minister's office,
Prithviraj Chavan, told the parliament that the central information
commission has been receiving complaints from RTI activists facing
threats

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 9 August, 2010

All is ( not ) well with the The Public Interest Disclosure (Protection of Whistleblowers) Bill

http://www.asianage.com/columnists/watching-out-whistleblowers-483

Watching out for whistleblowers

Aug 07th, 2010 - Antara Dev Sen Share

The law to protect whistleblowers may be finally here. As I write
this, the Union Cabinet is supposed to be discussing the Public
Interest Disclosure (Protection of Informers) Bill 2010, which has
been on the agenda for years and almost made it to Parliament last
year. The law would be a reassuring step towards proving our
commitment to democratic freedoms. But it is far from enough.
First, let's see what the bill involves. It attempts to empower us to
file complaints against corruption or make damning disclosures in the
public interest against government employees. Any information on the
misuse of public money or authority would constitute a public interest
disclosure.
The bill also attempts to prevent disciplinary action against
whistleblowers — in this case, those who expose corruption in
government — by laying down penalties. The identity of the informer
would not be revealed; if it is, their superiors would be held
accountable.
Complaints are to be made to the Central Vigilance Commission (CVC),
which would have the powers of a civil court, including the power to
order a police investigation and to provide security to the
whistleblower. The CVC would not divulge the identity of the person
filing the complaint.
But the public needs to have more information about the scope of the
bill. We need to know, for example, if the law is applicable to the
private sector, i.e. would it protect corporate whistleblowers? In the
interest of fairness, it should also extend to non-governmental
organisations. And within the public sector, would it restrict itself
to government employees or apply — as it most certainly should — to
the various contractors and subcontractors that the government so
happily farms out work to? Would it apply to the armed forces, police
and perhaps even the intelligence agencies — as long as it doesn't
endanger lives and national security?
We have been talking of the crying need to protect whistleblowers
since the death of Satyendra Dubey in 2003. Dubey, a project director
with the National Highways Authority of India, had written to Prime
Minister Atal Behari Vajpayee exposing rampant corruption in the
construction of highways. Although he had requested that his identity
be kept secret, his letter was openly tossed between various
government departments, leaving him exposed and vulnerable. He was
killed shortly thereafter.
Horrified media campaigns and a public outcry prompted the Supreme
Court to get the government to issue the Public Interest Disclosures
and Protection of Informers Resolution in 2004. It specified the CVC
as the nodal agency for complaints. But not much changed. As was clear
from the murder of Manjunath Shanmugham the next year. The sales
manager of Indian Oil Corporation was murdered in late 2005 for
opposing the petrol adulteration racket.
Murdering those who try to expose corruption continues to be a handy
tool of corrupt officials and their criminal associates. Because there
is no protection mechanism for those who dare to challenge the crooks.
Of late, activists using the Right to Information (RTI) Act to expose
such offences have been easy targets. In just the first seven months
of this year, eight RTI activists have been murdered and dozens
attacked around the country.
If RTI activists and other whistleblowers were protected, it would
certainly encourage us to expose wrongs that harm our country, its
people and the environment. And containing corruption is the first
step to good governance. Most of our nation's ills — including
sectarian violence, failure of poverty alleviation, lack of
development — are a result of corruption and bad governance.
There are reservations about the bill. Some want it to be named The
Public Interest Disclosure (Protection of Whistleblowers) Bill,
instead of "Protection of Informers". Nobody likes a snitch and
"informers" sound like police moles. Besides, specifying a timeframe
for complaints may be used as an escape route by our clever
bureaucrats and politicians. The bill states that no complaint will be
probed if it is made 12 months after the petitioner got to know of it,
or five years after the date of the alleged offence. These clauses
need to go, say activists.
Besides, the CVC has its limitations. It was set up back in 1964 to
help tackle corruption. Like the illustrious detective Remington
Steele, it works freely and in an advisory capacity. Unlike Remington
Steele, it is not fictitious, and is expected to look over a country
of 1.1 billion real people. Also unlike Remington Steele, it is not an
investigative agency and needs to depend (apart from its own officers)
on government investigators like the police or the Central Bureau of
Investigation (CBI). So as long as the police and the CBI are under
the thumb of politicians and bureaucrats, the CVC cannot really have a
free hand.
Which leads us to suspect the level of protection that the CVC can
offer whistleblowers standing up to powerful criminals. It is fine to
say that people who take disciplinary action against the whistleblower
would be penalised. But in our country the "disciplinary action" is
often murder. People are frequently killed even under police
protection. And when the stakes are high, perpetrators will do all
they can to silence the whistleblower. Just a law won't do — we also
need the infrastructure to implement it properly.
And some precautionary measures may be useful. For example, RTI
activists or applicants who face death threats must not only be given
protection but their allegations must be investigated as soon as
possible, and the findings made public. Also, there should be a law
that if a whistleblower dies — under even slightly suspicious
circumstances — there must be an investigation into not just the death
but all that he or she was in the process of unearthing. That way,
murder would cease to be the chosen method of silencing the
whistleblower.
In short, we desperately need a law to protect whistleblowers. But it
better be effective. The only thing worse than not having a protective
law is a law that offers the illusion of protection.

Antara Dev Sen is editor of The Little Magazine. She can be contacted
at sen@littlemag.com


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

a ray of hope.......but after countless sacrifices

http://www.deccanherald.com/content/87311/cabinet-clears-whistleblowers-protection-bill.html

Cabinet clears Whistleblowers protection Bill
New Delhi, Aug 9 (IANS)

The Cabinet on Monday cleared a bill to protect whistleblowers and it
is likely to be tabled during the ongoing monsoon session of
parliament, official sources said.


The approval for the Public Interest Disclosure (Protection of
Information) Bill, 2010, was given at a cabinet meeting presided over
by Prime Minister Manmohan Singh. As per the bill, the onus will be
on the Central Vigilance Commission (CVC) to protect the identity of
the citizens who provide information about the misuse of governmental
authority and funds.

The CVC will be empowered to take action against those who reveal the
identity of the whistleblowers or those who threaten the
whistleblowers while those who make frivolous complaints will also be
liable to punishment.

The killing of whistleblowers Manjunath Shanmugam and Satyendra Dubey
and many Right to Information activists by anti-socials and vested
interests has prompted the government to draft the Bill, official
sources told IANS.

Several activists who exposed corruption by bureaucrats and political
leaders have been killed or threatened by mafia elements, it was
pointed out.Dubey, an Indian Institute of Technology (IIT), Kanpur
alumnus, was killed in Bihar for exposing corruption by contractors in
building the national highways. "

Shanmugam, originally from Andhra Pradesh, and an officer in the
Indian Oil Corporation (IOC), was killed after he exposed adulteration
in petrol pumps in Uttar Pradesh. He was an MBA from the Indian
Institute of Management (IIM), Lucknow.

There has been a rise in the number of attacks on RTI activsits across
the country recently.In the latest incident, activist Amit Jethwa was
shot outside the high court in Ahmedabad last month. Jethwa had named
BJP's Junagadh MP Dinu Solanki while exposing illegal mining in the
Gir forest area in Gujarat.

In Maharashtra, RTI activist Datta Patil was found dead in
Ichalkaranji in May. He had exposed a corruption racket which had
resulted in removal of a police official and disciplinary action
against Ichalkaranji corporation officials.

Earlier, Satish Shetty, a whistleblower who exposed land scandals, was
killed on Pune city outskirts in January. In a similar case, Vitthal
Gite, an activist of Aurangabad was killed in April. Gite had blown
the lid off irregularities in a village school in Beed district.
In Bihar, Shashidhar Mishra was killed by unknown attackers in
Begusarai in February. His murder came soon after he exposed corrupt
deals at the panchayat and block levels.
Several incidents of attacks on RTI activists have been reported from
Delhi and other states, officials said.

UPA leaders are hoping that the new bill will act as a deterrent to
the vested interests against rights activists.

"RTI has been a major achievement of the United Progressive Alliance
(UPA) government. It has created a silent revolution for the common
man. The UPA leadership wants the gains of the RTI Act to continue,
and the activists to be protected," said an All India Congress
Committee office bearer.

Here are some important features of the landmark whistleblowers
protection bill cleared by the union cabinet Monday:
* It is officially called The Public Interest Disclosure and
Protection to Persons Making the Disclosure Bill, 2010.
* It is aimed at protecting the identity of citizens who reveal
information about the misuse of public authority and public money.
* Once this bill becomes law, it would empower the Central Vigilance
Commission (CVC) to penalise those who reveal the identity of
whistleblowers or threaten them.
* The penalty under the proposed legislation for the guilty is up to
three years of jail and a fine of up to Rs.50,000.
* According to the draft legislation, the CVC will be the nodal agency
in all such cases.
* The CVC will have the powers of a civil court.
* The bill, with provisions to prevent disciplinary action or any
other kind of victimisation of whistleblowers, will cover complaints
against all central and state government employees as well as public
sector employees.
* It will be now tabled in parliament. Once passed in parliament by
both the lower and upper houses, it will be signed by the president of
India following which the central government will notify it as law.
* The first step towards protecting whistleblowers was taken in 2004
when the ministry of personnel, public grievances and pensions
notified a resolution on April 21 that empowered the Central Vigilance
Commissioner to act on the complaints of whistleblowers and protect
them.
* This was considered to be an interim arrangement pending enactment of a law.
* This interim arrangement was made in light of the growing pressure
on the government to protect whistleblowers following the murder of
Satyendra Dubey, a young engineer working for the National Highways
Authority of India (NHAI), on Nov 29, 2003. Dubey had confidentially
complained against corruption in the implementation of the Prime
Minister's Golden Quadrilateral road project in Bihar.


http://www.deccanherald.com/content/87311/cabinet-clears-whistleblowers-protection-bill.html

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )