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Looking back over the past three years is it possible to conclude that implementation of the Right to
information Act has been satisfactory? The Act mandates two ways of information sharing: proactive dissemination
and reactive disclosure of information. Though proactive dissemination by many public authorities is not up to the
mark, people have been testing reactive disclosure by filing requests and tasting some success.
Nine year old Pranav forced Delhi police to register an First Information Report (F.I.R.) to trace his lost
bicycle by filing an application under the Right to Information Act1. 70 year old Kaniram got his entitlements of food
grain under Public Distribution System (PDS) that was denied to him for one year2.
Krishna Devi got her passport extended3. Nannu got his duplicate ration card, Ashok Gupta got a new electricity connection,
Prem Sharma obtained new passport and Triveni her PDS entitlements4.Many people found Right to Information useful in obtaining
ration cards, passports, driving licenses, water connections, copies of F.I.R.s and so on, without paying bribes! But Indians are
not going to stop there.
Right to Information is a fundamental human right and a prerequisite for the realization of other human rights: economic, social and
cultural rights such as right to water, right to adequate food, right to highest attainable standard of health, right to education and right
to an adequate standard of living and civil and political rights, such as the right to life and liberty, freedom of expression, and equality
before the law. Right to Information has become a friend in need, making life easier and honorable for common people.
Krishak Mukti Sangram Samiti in Assam used Right to Information to expose diversion of food grains from PDS allotted to the poor5. Women in a
small village, Banakhandi, in West Bengal filed more than 100 Right to Information applications to force the administration to start work on supply
of drinking water6.
It is not enough if you get water. It should be of good quality. Recently, National Consumer Disputes Redressal Commission ordered a Municipal Corporation
to publish reports on water quality7 . The Commission stated"As per the Statement of Objects and Reasons of the Consumer Protection Act and also Objects of the
Consumer Protection Councils, contemplated under the Act, a consumer has the right to be informed about the quality, quantity, purity of goods including water
or services which are rendered by the Statutory Authorities or in this particular case by the Ahmedabad Municipal Corporation (AMC) so that it is not hazardous to
life or health".
A Right to Information application has forced Guru Teg Bahadur Hospital in the capital to provide free treatment to an old woman who couldnt afford her surgery.
Her son Ali alleged that the hospital had earlier sought medicines worth Rs.30,000 for the operation. Ali filed an Right to Information application asking details of
drug stocks and bills. When Ali approached the Delhi High Court, the hospital pledged, before the Court, to operate her free of cost8.
Students forced Union Public Service Commission (UPSC) to disclose cut-off marks, scaling method and model answers9. A recent Decision pronounced by the Central
Information Commission (CIC) gives access to, not just your answer sheets, but also your class mates answer sheets, after evaluation10.
When Rohit Prajapati filed an Right to Information application asking the Gujarat state government details about Internal Complaints Committees to deal with cases
of sexual harassment at workplace, in its departments as directed by the Supreme Court in Vishakha and Others v State of Rajasthan and Others (1997), the officials in
many departments woke up and formed the committees11. A 15-year-old rape victim in Umarpada in Gujarat used Right to Information to force police to lodge an FIR and take
action against the accused12.
Intellectuals led by SEZ Virodhi Manch and Goa Bachao Abhiyan in Goa sensibly used Right to Information and obtained crucial documents to launch a successful battle against
Special Economic Zones (SEZs) while people lost their lives fighting a similar battle in other states. In the first incident of a reversal of a central policy, eight SEZ proposals
in Goa were scrapped by the inter-ministerial Board of Approvals in February this year13.
About 300 Right to Information applications filed by Burning Brain Society about the implementation and enforcement of tobacco control laws and the name of the person responsible
for non-implementation made Chandigarh the first smoke-free city not only in India but also in any developing country14.
Environment seems to be the main beneficiary! Environmental activist Divya Raghunandan fought for more than 20 months for toxicity, allergenicity data that determine the safety of Genetically
Modified Organisms Genetically Engineered (GE) rice, GE mustard, GE okra and GE brinjal from MNCs obsessed with secrecy she was even asked to personally inspect documents in the presence of a representative.
After CIC had decided in favor of disclosure15, the company dragged CIC to the courts. However, the Supreme Court interfered and ordered disclosure of the safety data16. Finally, the Genetic Engineering Approval
Committee (GEAC) has published voluminous data on biosafety studies of GE brinjal on its website17.
The National Environment Appellate Authority quashed environmental clearance accorded to the Polavaram interstate irrigation project, in December last year as the executive summary of the project was not made
available to the affected persons in their language18.
One cannot withhold records simply saying that one lost them. Ministry of Environment & Forests was asked to lodge an FIR to initiate criminal action against those responsible for the alleged loss of documents
regarding environmental clearance and other parameters of the Maheshwar Hydro Electric Project, Madhya Pradesh19.
People had complained maximum penalty under the Right to Information Act - Rs. 25,000 was not a figure to deter. But the CIC thought differently. CIC imposed penalty of Rs.125,000 on Public Information Officer (PIO)
of Daulat Ram College, Delhi for delay in supply of information in connection with five separate Right to Information applications by Prof. Pramila Sharma20.
In a landmark Decision, compensation was awarded to an old woman by the CIC for non-publication of information of beneficiaries on the Old Age Pension Scheme under the mandatory proactive publication21.
CIC directed the Benaras Hindu University to admit Dhananjay into post graduate course, who was earlier denied admission because he filed a Right to Information application, to ensure that an applicant seeking
information from the University under the Right to Information Act is not victimized in future22.
Another student used Right to Information to get her degree successfully from a university in Tamilnadu. Though she had appeared in an examination along with other students a few years ago, she did not get her
results as her answer sheet sent for valuation to a professor of an outside university had been misplaced.
When Tamilnadu Information Commission directed it to pay a few lakhs as compensation, the university authorities immediately conducted an examination for the student and awarded her degree after evaluation of her
answer paper23.
Culture of Secrecy?... What is it?
Experts would argue that it is very difficult to break the culture of secrecy and create a culture of openness. It is said that Canada and Australia, which enacted the Freedom of Information laws more than 20
years ago, continue to struggle with this major problem. But that is not the case with India!
In earlier days, employees feared that Right to Information might overburden them. But now none is surprised to find more number applications being filed by the employees themselves. Recently, Directorate of Education
(GNCT of Delhi) was asked to pay compensation of Rs. 50,000 to a teacher suspended on false evidence24.
Evaluated answer sheets, Departmental Promotion Committee minutes, Annual Confidential Reports, transfer guidelines, arrears and what not Right to Information has become an efficient in-house grievance redressal mechanism.
Heather Brooke, FOI activist in U.K, points out, "The current system only rewards the corrupt and inefficient. If you are hard working, it is to your benefit to have transparency."
The Prime Minister, Dr. Manmohan Singh sent a very strong message25
"Information contributes to knowledge. Information also confers power. Information is undoubtedly a great economic asset.A pro-active policy of disclosure will be in keeping with the spirit of the Right to information Act.
Information collected at huge cost, with the tax payers money, should be made available to the general public without their having to ask for it. This will improve the quality of the data as it will be subject to informed public scrutiny."
Later he restated his commitment at the recently concluded third Annual Convention on Right to Information26:
"Our Government takes great pride in the implementation of the Right to Information Act. It is often said that in modern society information is power. By sharing that information with the people at large, we are therefore, proposing decentralisation
and participatory governance. It is revolutionary enactment that has placed huge powers in the hands of the ordinary citizen of the country to demand a transparent and accountable administration."
Beyond the Right to Information Act
The Right to Information Act is not the only law that gives a right of access to information. Beyond the Right to Information Act, there are some stronger provisions in other laws which promote transparency:
The PDS (Control) (Amendment) Order, 2004, which entered into force on 29 June 2004, enables citizens to directly seek information from a fair price shop owner. Punishment for withholding information may extend up to three months imprisonment.
This Order is stronger than the Right to Information Act itself.
For getting financial assistance under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) states should enact a Public Disclosure Law and a Community Participation Law to strengthen peoples Right to Know. Last year, Reserve Bank of
India advised banks to convey in writing the reasons for rejection of loan applications27.
The National Rural Employment Guarantee Act 2005(NREGA) Operational Guidelines 2006, prescribed by the Ministry of Rural Development Department goes one step ahead in facilitating transparency by reducing time limit for disclosure of the records
requested under the Right to Information Act to just seven days and further fees for obtaining information to actual photocopying costs.
Let the Sun shine brightly on Indian administration!
The Road Ahead
Ever since the U.N. General Assembly recognized freedom of information as a fundamental human right in 1946, many nations started adopting laws assuring right to access information held by public authorities. So far more than 80 countries have
enacted freedom of information laws, about 70 of which were enacted during the last two decades.(Just 12 countries had FOI laws in 1990.)
Though India took its first step in creating openness by bringing into force the historic Right to information Act on 12 October 2005, a strong regime of transparency needs the following elements in addition to Right to Information law:
Data Protection law
We do not have a separate law to obtain personal information related to the requester himself. Right to Information Act is being used for both purposes, i.e. to obtain personal information as well as non-personal information, which sometimes
creates confusion.
In USA, Privacy Act is used to obtain personal information and Freedom of Information (FOI) Act is used for obtaining other information. Similarly in UK, Data Protection Act is used to obtain personal information and FOI Act is used for obtaining
other information.
Separate Data Protection or Privacy law is necessary to obtain personal information related to the requester herself and at the same time to protect unnecessary disclosure to others.
Environmental Right to information laws
Environmental Right to information laws provide access to environmental information with fewer exceptions, subject to public interest test covering private bodies. Environmental Information Regulations 2004 are in force in U.K.
USA and Canada have mandatory Pollutant Release and Transfer Registers (PRTR) requiring industries to measure and report toxic chemical releases to air, water, and land, and transfers off-site. The United States PRTR is the Toxics Release Inventory (TRI)
which was associated with a 44 percent reduction (1.6 billion pounds) in reported releases of listed chemicals over the first eight years of reporting.
Sunshine/Open Meetings law
A law which enables the citizens to attend the meetings of public authorities will realize the dream of participatory democracy. [e.g. Sunshine Act 1976 of USA]
Whistleblowers Protection law
Though the Government of India has authorized the Central Vigilance Commission as the Designated Agency to receive written complaints for disclosure on any allegation of
corruption or misuse of office, we need a stronger law to provide protection for whistleblowers. Public Interest Disclosure Act 1998 of UK is an example.
Public Records law
Though the Central Government enacted the law on public records, applicable to central authorities, implementation is not satisfactory. State governments have to enact similar law
for state authorities. Records officers are to be nominated to discharge the functions under this Act and set up record rooms and place each record room under the charge of a records officer.
National Archives of India, the nodal agency for the implementation of the law opines that records management ensures that Right to Information works well, besides saving time. But very few
departments recognized that its implementation is critical to the success of the Right to Information Act.
Waiver of initial application fee
Initial application fee should be totally abolished. Such fee is not charged in other countries such as U.S.A. and U.K. Though requesters in Australia and Ireland are required to pay application
fee for access to non-personal information or combination of personal and non-personal information, there is no application fee for personal information.
Twenty fifth Report of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on Demands for Grants has recommended that the application under Right to Information
Act should not be rejected for nonpayment of fee at the initial stage and the fee may be added at the time of providing information in such cases.
Spending openly
How about having a website, where citizens can see where their money goes?
This will be an accessible database of Government spending in a simple, easy-to-use interface to provide the public with information about how their taxes are spent
honoring their right and need to understand where taxes are spent. The ability to look at Government expenditures, in whatever form, in greater detail builds public trust in government.
US Federal government recently launched the website , as mandated by the Federal Funding, Accountability, and Transparency Act of 2006, initiated by Mr. Barack Obama.
Spending for awareness and Infostrucure
Awareness about the Act is the key to the success of the one of the main objects mentioned in the Statement of objects and reasons of the Right to Information Bill to make the Act more participatory.
A few annual reports with statistics on the number of requests are now available. CIC Annual Report 2005-2006 states that the 837 monitored central public authorities received a total of 33,688 Right to
Information requests during 2005-2006 (from 12 October 2005 to 31 March 2006).
Shri Suresh Pachouri, the Minister of Personnel, Public Grievances and Pensions in the Rajya Sabha, stated, "As per information furnished by the Central Information Commission, 207860 applications were
received under the Right to information Act by various public authorities under the jurisdiction of the Central Government during the period from October, 2005 to March, 2007"28.
Maharashtra Chief Information Commissioner Dr.Suresh Joshi has said the state leads in use of the Right to information Act. "Maharashtra leads in use of the Right to Information Act, as in 2007, 3,16,000
Right to Information applications were received from the state." Dr.Joshi said at a press conference. This is 150% increase on the 1,23,571 applications received in the previous year(from 12 Oct.2005 to 31 Dec.2006).
Kerala State received a total number of 113187 requests, out of which 105126 were disposed of, during 2007-2008. Andhra Pradesh State public authorities received 31,964 requests during 2007 (1.1.2007 - 31.12.2007),
the second year of the Acts operation. This is 260% increase on the 8864 applications received in the previous year (from 12 Oct.2005 to 31 Dec.2006)29.
The total number of Freedom of Information Act/Privacy Act access requests received by US federal departments and agencies during Fiscal Year 2007 was 21,758,651. This is 346,080 more than the number of requests received
during Fiscal Year 2006, an increase of 2%. UK central government bodies received a total of 32978 nonroutine FOI and EIR requests during 2007, with a 2% reduction over the previous year. They received 33688 requests in 2006,
with a 12% reduction over the previous year. 38108 requests were received in 2005, the first year of the FOI Acts operation.
The Statement of objects and reasons of the Right to Information Bill says that the Right to information is recognized under Article 19 of the Constitution of India.
Government spends money to provide security for many citizens to protect their fundamental right-right to live- guaranteed under Article 21.
Government spends money to provide various subsidies to media to strengthen freedom of press-which flows from the fundamental right to freedom
of speech and expression guaranteed under Article 19(1)(a).
Then, why should not the Government should spend money to strengthen Right to Information, which flows from the fundamental right to freedom of speech
and expression guaranteed under Article 19(1) (a)?
Further, Section 26 of the Act advises the Government to organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities.
Government should spend money to strengthen infostructure .Professor Luciano Floridi defines the infostructure as "an organizations information assets that comprise the
information base of the organization, including hardware, software, networks, infrastructure, information, and applications"30.
In USA, in Fiscal Year 2007, the total cost of all Freedom of Information Act related activities for all federal departments and agencies, as reported in their annual FOIA reports,
was an estimated $369,431,500.55. Of total costs, $10,742,105.08, or just 3%, was reported to have been recovered through the collection of Freedom of Information Act fees.31
Ratnaji, a blind man of Rangaru village in Rajkot, was laughed at for being blind at the village panchayat meeting when he had wanted to know the progress of development works.
They told him, "You are blind and burden on the village. Stay home and the village will feed you." He used Right to Information to obtain from the district office information that
exposed the corruption in village works. The documents showed that many works registered as completed were actually never taken up and remain incomplete. Ratnajis Right to Information
application had turned the one-man battle into a mass movement in the village32.
Right to Information is such a bright tool that can make blind see and deaf hear! Right to Information Act is the booster of empowerment after 1947, which, fortunately, has been working.
One of the prime architects of the Indian Right to Information Act, Ms Aruna Roy, aptly comments, "Every villager feels she has become an MLA!" Transparency benefits the poor greatly by
protecting their rights and dignity. Information constantly supports their struggle for survival. Any step to strengthen the sunshine movement will ultimately make our democracy more people-friendly.
History adores the leaders who make people powerful!
-- Srinivas Madhav
Consultant (Right to information)
madhav@cgg.gov.in
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Endnotes:
1) Anumeha Chaturvedi,CNN-IBN,with inputs from Amit Pandey, accessed 11.6.2007
2) Aruna Roy ,The Journey begins,http://www.cnfonline.org/2005/2005v13n483.html
3) CIC/OK/C/2006/00147- 8 November 2006
4) http://www.parivartan.com/stories_list.asp
5) Samudra Gupta Kashyap, After Right to Information disclosure, raids reveal PDS rice in godown,http://www.indianexpress.com/story/254593.html
6) Business Standard, Village women use Right to Information to get drinking water, 3Oct.2008
7) Consumer Education & Research Society & Ors. v Ahmedabad Municipal Corporation & Ors. [Original Petition Nos.125 & 126 of 1994, 30 April 2008]
8) Times of India, Right to Information effect: GTB to treat woman for free,26 Sep.2008
9) 354/IC(A)/2006-13 Nov. 2006
10) CIC/MA/C/2008/00221, 9 June 2008
11) http://epaper. timesofindia. com/Daily/ skins/TOI/ navigator. asp? Daily=TOIA&login= default&AW= 1209399000546, 28 April 2008
12) http://timesofindia.indiatimes.com/rssarticleshow/msid-3554068,prtpage-1.cms, 3Oct.2008
13) Rifat Mumtaz and Madhumanti Sardar, Goa: How the battle was won, Info Change News &Features,http://www.infochangeindia.org/features475.jsp, accessed 23 March 2008
14) http://www.burningbrain.org/
15) CIC/WB/A/2006/00548, 13 April 2007 and 25 Nov.2007
16) www.genecampaign.org, accessed 23 March 2008
17) http://www.envfor.nic.in/divisions/csurv/geac/approved_data.html
18) The National Environment Appellate Authority Order,19 Dec. 2007
19) CIC/WB/C/2006/00102 ,16 Oct. 2006
20) CIC/OK/A/2006/00013, 2 July 2007
21) CIC/WB/C/2007/00803-00806 & 00887-00896,3 March 2008
22) CIC/OK/A/ 2006/00163,19 Oct.2006
23) http://www.thehindu.com/2008/09/20/stories/2008092055370600.htm, 20 Sep.2008
24) 1111/IC(A)/2007, 3 Aug. 2007
25) Addressing the Conference of States and UTs on Management of Statistics on 9 September 2008
26) The third Annual Convention on Right to Information (RTI) was inaugurated by the Prime Minister Dr. Manmohan Singh on 3 Dec.2008. The theme of the Convention was "Right to Information and its Ramifications for Good Governance."
27) RBI/2006-2007/280 DBOD.No.Leg.BC.65 /09.07.005/2006-07, 6 March 2007
28) http://164.100.47.4/rsquestion/ShowQn.aspx?qno=134838
29) UNI, August 02 2008,& http://news.oneindia. in/2008/08/02/maharashtra-leads-in-rti-use- joshi- 1217620911.html
30) http://www.philosophyofinformation.net
31) Summary of Annual FOIA Reports for Fiscal Year 2007, the Office of Information and Privacy, US Department of Justice
32) Times of India, Blind man opens eyes of villagers, Vijaysinh Parmar, 10 Sep. 2008
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