|
A group of citizens in Mumbai and Delhi with experience of the Right to Information Act have presented the government with a nine-point charter to improve the functioning of the Act and discipline its functionaries
Right to Information (RTI) activists in Mumbai and Delhi have sent a charter of demands to the department of personnel and training (DoPT), and 1,100 Rajya Sabha and Lok Sabha members, leaders of national parties, and editors. Based on their own experiences, the charter demands steps to improve governance, increase public accountability, and reduce corruption and arbitrariness in the RTI process. The RTI Act has been universally acknowledged as a great piece of legislation with the potential of making the opaque process of Indian governance more transparent. However, in practice, it has not worked very well. Its many supporters among the public who have used it allege that the process is not being followed correctly and that officials are stonewalling their efforts. The issue of ‘file notings’ -- directions jotted by the concerned officials in files -- have become a bone of contention. The government is considering amending the Act to keep these notings out of the purview of the Act. RTI activists say that since notings are crucial to tracing how government decisions are arrived at, their disclosure is clearly in the public interest. The nine-point charter of demands, released on July 6, 2009, demands an assurance from the government that no amendments to the Act would be made until December 2011. Other points in the charter seek to define certain processes and procedures that are currently not being followed, or being wrongly followed. Some of them are: - The DoPT must direct every information commissioner (IC) to uniformly serve a show-cause notice to the public information officer (PIO) along with notice of hearing. The purpose of the hearing is to determine whether the PIO and the public authority acted diligently under the RTI Act; if not, what penalty and disciplinary action should be imposed. The purpose of the hearing is not to enter into discussions, negotiations and grievance redressal, as is often the case at present.
- Frequently, the speaking order of ICs and first appellate authorities is vague and consequently provides loopholes to erring officials. The charter therefore stipulates that precise answers be given as specified under the RTI Act.
- The DoPT must put in place a mechanism whereby if the IC’s orders are not complied with by the PIO and public authority, disciplinary action is automatically initiated against both PIO and head of the public authority, and the same is recorded in their annual confidential report and service book. Such punitive action is necessary because “thousands of orders of almost every IC have zero-compliance, and yet no punitive action has been initiated; this must be immediately remedied,” says the charter.
- The DoPT must ensure that digital video-recorders or CCTVs are installed in every state information commissioner’s (SIC) chamber/courtroom. The recording must be made available to any citizen on payment of a small sum. These must also be promptly uploaded onto the Internet and put in the public domain to ensure accountability and transparency in hearings and other interactions with activists, appellants and the public.
- Section 4 of the RTI Act requires suo moto disclosure of information by each public authority. The mechanism to do so has not been worked out yet, hence implementation is poor. The charter suggests software formats for easily-updateable web pages, ready-reckoners and estimates of personnel and hardware required for different sorts of public authorities, budgets, timetables, etc.
- Transparency in selection and appointment of RTI officials at all levels.
In a press release the activists say they are planning a satyagraha during the current session of Parliament. They will be putting up banners and posters highlighting key RTI issues. MP Sanjay Nirupam is planning to highlight, in Parliament, issues of improper implementation of RTI and persecution of RTI activists around the country. Nirupam led a delegation of five prominent RTI activists to meet Maharashtra Chief Minister Ashok Chavan on June 29, 2009, and presented a charter of demands for proper implementation of the RTI Act in the state. Around 15,438 appeals are pending in Maharashtra; this, say activists, is killing the effectiveness of the Act. Source: Press release of Sahasi Padyatri, July 13, 2009
|
