Right or not, info still hard to come by

[karira]

As reported by Avijit Ghosh of TNN on timesofindia.indiatimes.com on 5 August 2008:
http://timesofindia.indiatimes.com/I...ow/3325987.cms

Right or not, info still hard to come by

NEW DELHI: Last September when retired government employee H B Agarwal submitted an application in Lucknow's public works department seeking information under the RTI Act, he had hardly imagined the harrowing wait that lay in store for him.

Since then, he has been regularly visiting the State Information Commission (SIC) trying to get the answers to his queries. Agarwal had sought details of the expenditure incurred in the construction of a one-km-long road in the city's Bakshi Ka Talab area. After eight months of waiting, he filed a complaint with SIC but to no avail. "I know there were some financial irregularities. But I am still waiting for the information," he says.

Worse, in neighbouring Bihar, social activist Shiv Prakash Rai was made to languish in jail for a month this February when he asked for the details of schemes being executed under the Prime Minister’s Rojgar Yojana by the district magistrate of Buxar. He was released only after a representation was made to chief minister Nitish Kumar.

Down South in Chennai, Samuel C Wilson, a superintendent with the central excise department, has been running from pillar to post for several years trying to expose a foreign exchange scam running into several thousand crore of rupees through RTI. The matter is now pending before the Madras high court.

Few, if any, would dispute that the RTI Act is one of the most people-friendly legislations ever. Thousands have benefited from it. But it is true that more than three years after Parliament passed the Act in June 2005, the road to accessing information remains arduous. From huge delays in getting replies to receiving incomplete answers to difficulties in filing appeals — the information seeker is discouraged at every step.

"Those who go for appeals face the additional hurdle of having to travel long distance, waiting for hours during hearings and putting up with rescheduled hearings," says Raaj Mangal Prasad of Pratidhi, an NGO that looks at RTI cases. In states such as UP, there are often 6-8 hearings before a case is decided.

According to Noida-based RTI activist Lokesh Batra, awareness about the Act still remains low, especially among the disadvantaged sections. That apart, even after so many years, many public authorities are yet to designate or notify Public Information Officers (PIO).

"The Centre has made Rs 10 as RTI application fee. But some states charge higher rates. For instance, Haryana charges Rs 50," he says. A survey conducted by a group of RTI activists in UP showed that at least 300 applications are filed under RTI every day and the average time taken to dispose off an application in 80% cases is around six months. The survey also says that the State Information Commission (SIC) functions more as a subordinate to the government rather than an independent body in providing information sought by the public.

Senior RTI officials acknowledge the problems. West Bengal's chief information commissioner Arun Bhattacharya admits that the state government has not been able to create awareness of the Act. "It is pathetic in the rural areas." He also points out that often records are not kept properly in government offices, so some questions cannot be answered. According to Bhattacharya, the Act "has become more of a grievance cell for IPS, IAS and WBCS officers" who inquire about "postings and other things that benefit them professionally".

UP information commissioner Gyanendra Sharma maintains that the SIC suffers from a severe staff crunch that delays work.

"There is an acute shortage of staff and infrastructure but applications keep pouring in," he says. In Assam, the state information commission does not have even five commissioners, the minimum number stipulated by the law, a clear indicator that the Act isn't being taken seriously by the state government.

Bihar SIC spokesperson Rambadan Baruah admits that some officials are hesitant in sharing information. "Things have improved though after PIOs were posted in each government department." He says that 9,000 odd cases against denial of information have been filed in the SIC and that 236 officials have been fined for delay in answering applications.

Clearly, solutions are required to make the Act function better. In West Bengal, senior RTI official Bhattacharya says he has asked the state government to conduct campaign in rural areas, through multimedia and kiosks.

"The government should also create infrastructure, like more buildings and provisions to send complaints directly from rural areas through e-mail."

Noida-based activist Batra suggests that information on the RTI should be included in school syllabi to improve awareness.

"Government should come out with a special postal stamp of Rs 10 towards payment of RTI fee nationwide. The amount collected through the stamp and information cost can be used to create awareness programmes." He also suggests 45-60 days deadline to take decision on appeals.

Batra points out that state information commissioners should be posted in different district towns instead of being grouped together in the capital. "For instance in Maharashtra, the state information commissioners are also posted in Nagpur and Pune. But in Uttar Pradesh, all 10 information commissioners are in Lucknow."