RTI Act turns three today

[sidmis]

RTI Act turns three today
as reported by Rahul Mangaonkar, 12 Oct 2008, TNN

AHMEDABAD: The toddler called Right to Information (RTI) Act, born 58 years too late after the country gained independence, completes three years to day.

The sunshine legislation aims to promote transparency and accountability in functioning of public authorities as a vibrant democracy needs an informed citizenry. In fact, this is an age when authorities should proactively disclose information through media, so that citizens don't have to take recourse to RTI.

However, while the Act is working well at the grassroots level in rural areas, it's not making an impact at the top where it matters the most - in Gandhinagar. Moreover, two additional information commissioners (ICs) have been allocated for the state, but the posts have not been filled as yet.

RTI activist and member of Mahiti Adhikar Gujarat Pahel (MAGP) Harinesh Pandya, says: "Information available in a consolidated form with Sachivalaya is not being provided and RTI applications are simply transferred to district levels. PIOs in Sachivalaya are shirking their responsibility. Babus no longer fear, or even respect, the Act."

Gujarat Information Commission (GIC) which enforces provisions of RTI in the state has powers to rein in truant officers by penalising them. But, while it has passed several landmark decisions, including the one which allowed public servants access to their annual confidential reports (ACRs), it has only penalised one Sachivalaya-level officer so far. Of the total penalties of Rs 6,31,100 it has imposed in the past three years, it has only slapped one penalty of Rs 25,000 on a public information officer (PIO) of food and civil supplies department. The rest were on officers on field postings.

According to RTI activists, while this has resulted in more responsive government officers in rural areas, Sachivalaya ones have started believing they can't be touched and confidentiality is their right whereas RTI provisions overrule Official Secrets Act. Also, with 3,700 cases pending before GIC, the woefully slow rate of passing orders has greatly hampered the RTI cause.

Lack of staff, resources and the single Chief Information Commissioner (CIC) in RN Das can be partly held responsible for this. But, GIC's dithering on passing orders on controversial subjects related to Sachivalaya or judiciary is another major one.

In the last three years, GIC has not even been able to submit its annual report to the state Assembly, which
it's required to do every year. Several complaints come to RTI helpline against GIC that hearings had taken place a year ago, but order copy has not yet been received by the applicant.

RTI Act turns three today-Ahmedabad-Cities-The Times of India

[Dr.R.K.D.Goel]

12.10.2008
In Case of Gujarat the offender to implement fully the RTI Act 2005, is the Chief Minister of Gujarat, Mr.Narendra Modi who claims that he is too much honest and don't allow any one to eat (Do corruption). His all claims are not now digestable by the RTI Act 2005 activists. In three years he has not cancelled the GAD circular dated 14.11.2005 not to give File notings. Corrupt bureaucrats were taking this circular to protect them and were not allowing to study the Files. This circular is only cancelled in July,2008 when our Ahmedabad RTI Act 2005 activists went to Hon'ble High Court.

Mr. Modi in place of removing corruption from Gujarat Govt. encouraging his bureaucrats not to be Transparent and Accountable to the public as per RTI Act objectives.

We the RTI Act 05 activists should ask the public and politicians to file RTI Act applications with asking the File notings in all cases from the Modi Government. How long he will not appoint more staff of GSCIC?

We should be ready to file cases in the Hon'ble High Court in un due delays in giving the Orders / Judgments by the GSCIC Mr. R.N.Das IAS. We should lso file petitions against the GSCIC to Hon'ble Gujarat Governor for impeachment of GSCIC. Then only Mr. Modi will be awaken to provide staff and other SCIC of the Gujarat Information Commisssion.

Todays news is there that the Cogress party oppostion leader filed an application under RTI Act to Industries Commissioner to get information of NANO project of Tatas. Atleast in 30 days this information will be provided. We all have such attitude to awaken the sleeping Chief Minister of Gujarat Mr. Modi who is not providing the Staff of GSCIC.

We should also offer our services to GSCIC voluntarily to minmise the bach lock at GSCIC pending cases.

Dr.R.K.D.Goel Vadodara.

[sidmis]

Three years on, RTI a boon but needs more teeth
as reported in the Hindu, October 13, 2008

New Delhi (IANS): Sixteen-year-old Shahnaz knew nothing about the Right To Information (RTI) Act till a few months ago, but today she is grateful for the three-year-old law that helped her secure admission in a government school.

"The school made me undertake an entrance test and failed me in that
since I live in a resettlement colony. Finally I filed an RTI application asking the government education department to tell me if there is any provision of an entrance test for a student who has successfully passed Class 10," Shahnaz told IANS.

Such is the power of the RTI act that within three days of her application, she was admitted to the school.

Shahnaz's story is just one of the many about how the RTI Act has empowered people since it came into force on Oct 12, 2005. However, many feel that a lot still needs to be done to strengthen the law.

"The RTI Act has great potential and has helped a lot of people. But there are some issues, which the government needs to tackle proactively,"

Malay Bhattacharyya, a Kolkata resident, told IANS on phone.
"The government needs to appoint more information commissioners, who should not be from the government. The information commissioners need to deal with pending cases effectively and impose more penalties on the erring officials," Bhattacharyya added.

RTI activists who are using the act to expose corruption in the system feel that the government needs to do more to ensure that the act is effective.
Ahmedabad based RTI activist Pankti Jog, who also runs an RTI helpline, described the act as the best law the Indian parliament has passed since independence.

"The RTI Act has been the first act which has reached the grassroots. We have a helpline on which we regularly receive calls from farmers, working class and people from all walks of life," Jog told IANS.

She, however, felt that the government is not doing anything to promote the act and its only people themselves who are carrying out the awareness work.

"The act can only progress if public authorities encourage proactive disclosures and pending cases are tackled effectively. The public information officers also need to be trained properly," Jog added.

"RTI has huge potential but it is not being used properly. The orders of the information commissioner are not complied with. The government needs to give them contempt powers," Pune based RTI activist Vijay Kumbhar said.

He added that the other major factor affecting the act is the appointment of retired bureaucrats or people close to government to the post of information commissioners.

Echoing his views is Orissa-based RTI activist Biswajit Mohanty, who has filed more than 450 RTI applications to various government departments since the act came into force.

Mohanty usually seeks information from the forest and environment department. Of his total applications, he has got information only against 60.

"While in 40-50 cases wrong doings of the concerned officials have come to the fore, in five cases I have got evidences of corruption against officials. But hundreds of other applications are gathering dust and the PIOs are harassing applicants so that they don't seek further information," Mohanty said.

The activists also voiced their concern over the mode of sending RTI applications to the government department.

At present, RTI applications can be filed by paying the fees through cash, banker's cheque, bank draft or postal order.

Prominent RTI activist and Magsaysay award winner Arvind Kejriwal said: "There should be multiple modes of filling a RTI application. The ultimate solution being a RTI call centre, which Bihar is following at present."

The Hindu News Update Service