Training the Commissions

[colnrkurup]

We have often been discussing the issue of imparting training to the cityzens on RTI Act presuming that the CIC/SICs cannot err and are beyond the need for any training. But experience show that the cityzens generally possess the functional knowledge and some of our Hon'ble Commissions lack even the basic knowledge on RTI Act. Here is a typical extract from a State Information Commissions Orders No.AP.375/2007/SIC dated 12 November 2007:

1. ".......was the appellant, and it was for him to state his case, prosecute the same before the Commission "

2. "There was no public interests involved in the ever so many petitions, requests, complaints and appeals received from ......." (Here, the orders imply that only public interests cases will be enterined by thecommission)

3." The appellant ...... was summoned to appear before the Commission to substantiate his case". (The learned Hon'ble State Information Commission could not understand the main difference of RTI Act from other enactment is its Section 19(5) which state that "In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the PIO who denied the request" and the appellant does not have to substantiate his request for information.

4. "The appellant himself had availed of an opportunity u/s 19(1) of the RTI Act preferring a first appeal before the appellate authority viz.,Principal Secretary,Revenue. Having availed of a legal remedy u/s 19(1) , the scheme of the RTI Act does not permit one to prefer a complaint u/s 18(1)(c) before the SIC. Therefore thecommission with its inherent power had entertained the complaint as the Second appeal." Here, following lack any legal backing:
(a) When the PIO does not furnish a reply, it is deemed to have refused the request in terms of Section 7(2). Though one is at liberty to prefer a complaint under Section 18(1)(c) to the SIC, is it better to report this to the PIO's superior authority viz., his AA. The only means is to file a first appeal under Section 19(1). When the AA also deemed to have refused the request does the appellant is considered as availed of all the legal remedy ? Does the case become Resjudicata ? Is there any provision in RTI Act that forbid an appellant from making a complaint underSection 18(1)(c) to the SIC when he does not received any reply from the PIO and AA after making a request followed by first appeal ?
(b) Hs theSIC has any inhewrant power to try a case in a different clause than one petetioned. ie., Has the SIC any inherant power to convr suo motu unlawfully a complaint under 18(1)(c) into a Second appeal under 19(3) ?
(c) Does a first appeal bar a complaint under 18(1)(c) ?

5."The remarks of the PIO was called for. A detailed report of the actions taken were furnished by the PIO (only to the SIC)." The complaint was that the appellant had asked for the information of "Action taken on a particular report". The PIO having furnished the information asked by the appellant to the SIC, what stop the SIC from either providing this to the appellant or order the PIO to provide its copy to the appellant also and close the case. Instead, the SIC suppressess the information provided to him by the PIO and does the above somersault and dismissess the complaint without providing the information. How can the SIC with hold the information and ensure that the appellant does not get the information under RTI Act by dismissing the complaint ? Of cource the reason is that the information if disclosed will expose corruption and cause loss of land worth Rs.15 crores to cedrtain vested interest causing the above loss to government. The PI, AA and SIC was well aware of it.

Any suggestion to improve this cituation ?

[ganpat1956]

Shall we address individual letters to the respective appointing authorities on the various fallacies in these rulings, besides emphasising the importance of training the presiding officers? Not everybody can afford to raise a PIL on these matters, though that may be the best remedy.

[colnrkurup]

I am dead against approaching the Courts if possible. The Architects of various enactment also appear to have been maintaining my view lest there would have been so many enactment including the RTI Act. Had they any faith it would have been better to put everything on the courts. So, going to the courts is OUT. We have to think other means. To-day, MEDIA is the only solution. But again, the media does not appear to behave the way WE THE PEOPLE OF INDIA expect them to behave.

[karira]

So, what is the solution to this problem ?

[colnrkurup]

We have no choice other than getting the media involved in it. How best we can do is the million dollar question. For the time being I am planning to get leaflets printed and distributted to public. For the time being it is only a loud thinking. If RTI Actvists all over India try to do the same it may at least draw the attention of the media and impartial public in general. You might have read that during the struggle for independence people used to circuolate chapathies. We have no choice other than bringing the dismal performance and high-handedness of SICs to the notice of public in general.

[mpai]

Originally Posted by colnrkurup

To-day, MEDIA is the only solution. But again, the media does not appear to behave the way WE THE PEOPLE OF INDIA expect them to behave.

I strongly agree with Col Kurup on his views on Media. Though they have done a very good job and play an important role, some of the stories sent the wrong message. Like if you have not got the passport, ration card etc. then simply file an RTI Application and you will get it ! Touche !

This gave the impression that RTI can solve your grievances etc. This is wrong. RTI is only a tool to help you attain information and not solve your problems. There are people who files RTI Applications with the respective PA and have got the requested information, yet their grievances are still pending. i.e. still not got the ration card etc. This causes the applicant to shy away from RTI. They also discourage others from filing applications etc.

This has to be changed the mode of presentation of RTI through the media has to be reviewed.

One must also not forget, you can talk a horse to the water, but you cannot make it drink.

Manoj Pai

[abhijeet]

Originally Posted by colnrkurup
To-day, MEDIA is the only solution. But again, the media does not appear to behave the way WE THE PEOPLE OF INDIA expect them to behave.

Media in our state (West Bengal) is so much engaged with so many 'important' subject matter as Singur, Nandigram, Death of Rijwanur, Taslima , Ration related movement alongwith cricket match etc that they are not at all interested for this RTI related news. So how to make them interested ?

[colnrkurup]

I expect the collective thinking of this forum should be able to find out a solution. To me, there appears no way out other than creating media's interest in RTI

[karira]

In view of the discussions above, an interesting article from The Tribune, Chandigarh.

Systemic failure cause of nation’s ills: Dua
Tribune News Service

New Delhi, December 20

Editor-in-Chief of The Tribune H.K. Dua today attributed the appalling state of affairs in the country even after 60 years of independence to the systematic failure of politics, bureaucracy and the judiciary.

Those in governance had not been able to deal with the basic problems of the people encompassing unemployment, illiteracy and caste system and because of which the media had the important role of a watchdog to play, he said.

Dua did not think that achieving a nine-10 per cent economic growth was sufficient in dealing with the increasing unrest in the country.

“Economic growth has to be coupled with social, political and judicial effectiveness for complete progress,” he observed. “Moreover, nine to 10 per cent sustained rate of growth rate would take time to trickle down to millions in the country and the frustration of unemployment was discernible in forms like Naxalism.”

Speaking at the 102nd annual session of the PHD Chamber of Commerce and Industry here on media governance, Dua said when the media criticised those who governed the country it was branded as biased and mischievous.
“The media’s role is that of a watchdog. It had to become more belligerent and alert than it was earlier because of the indifferent attitude of those responsible for governance and consistent decline in their values.”

“We have not been governed properly by politicians and bureaucrats. Judiciary has ceased to become the last resort of the people. It is a matter of shame that even after 60 years of independence there are people who are illiterate. How can you build India on ignorance? There are no jobs, no schools, no toilets. Even in a prosperous state like Punjab lakhs of people are unemployed. Where there are schools, there are no teachers as they do not get salaries. It is not the system that is responsible but the people who man the system?”

Dua, however, lamented that the media was not using the RTI Act effectively to deal with issues related to corruption.

Besides Dua, others who took part in the deliberations on media governance were Pioneer Editor and Managing Director Chandan Mitra, India TV Editor-in-Chief Rajat Sharma while Perfect Relation’s Dilip Cherian moderated the discussions.

Mitra talked about the media’s role as a major stakeholder in the political and social process. “Good governance means participative governance and the media has a role in informing people about the problems of society and making people in power accountable. But in the process the media should also be prepared to be accountable,” he said.

He said the media had become more accessible to rural areas and the poor. He added that competition had played a major role in its deeper reach. “The upside has been that its penetration has become deeper and deeper giving people an easy access to it. But the downside of the competition has been that in the pursuit of commerce and TRPs, there has been a tendency to sensationalise and the media has also erred.”

Sharma talked about the much-in news aspects like who should govern the media, regulations on TV news, self-regulating code in the light of some sting operations having gone horribly wrong and the proposed Broadcasting Services Regulation Bill that is being viewed as the government’s attempt to control the media. He admitted that some TV channels that were in hands of young inexperienced journalists had resorted to some “experimentation” but added that the case of government-mandated body needed a revisit.


The Tribune, Chandigarh, India - Nation