The Right to Information – a boon or a bane?
The right to information is one of the fundamental rights of all human beings. Article 19 of the Indian Constitution grants the right to freedom and expression. But how can this right be exercised unless and until we have proper access to relevant information? In that sense right to information appears to be embedded under the Indian Constitution as a fundamental right, although not explicitly stated therein.
We might ask ourselves as to why do we need an Act to enforce one of our basic rights? Can we not invoke Article 19? I reckon not. If we walk into a government department and seek information from one of the officers, he is simply going to show us the way out. Therefore to be able to effectively exercise our fundamental right, we need a law detailing the modalities as to how information can be rightfully sought.
It is anybody’s guess that bureaucrats would have resisted this initiative by the Government. In spite of it all, the Right to Information Act was passed by the Indian Parliament in 2005. This Act overruled the Official Secrets Act, 1943 and other related legislations which suppressed disclosure of information leaving no scope for citizens a’ right to know’.
Tax payers have a right to know about the goings on behind the iron gates of the government precinct, don’t’ they? Hence the RTI Act was a turning point in as much as it empowers the citizens to question the actions of the people at the helm of the affairs of the country, the government and their departments. The purpose of this Act is also to ensure transparency and increase the accountability standards of the government departments/officers to the public at large. The Act empowers citizens to seek information from the Government, ask questions relating thereto, inspect and take copies of government documents, inspect and take samples of all government works/papers, affecting the rights of the citizens. Information in any form, records, memos, emails, documents, press releases, circulars etc both in electronic an non electronic form can be sought under this Act.
However certain information which could potentially affect the sovereignty and integrity of the state, intelligence, court orders that prohibit disclosure of certain information, information that would contravene the privacy laws, and issues which would breach privilege of the parliament or the state legislature, cannot be sought.
The Act has established Public Information Officers (PIO’s) & Assistant PIO’s who are responsible for accepting and scrutinizing the applications filed under the RTI. They will compile the information sought for and forward to the applicants. For matters relating to the Central Government, applications can be made to the post offices that act as the APIO’s, along with the fee. There is a specific time limit within which the PIO/APIO will have to respond; else he is liable to be penalized. This is one of the reasons as to why this legislation is working the way it was intended. If the application is rejected, the PIO/APIO has to give an explanatory statement for doing so.
In a country with egocentric and corrupt politicians {barring a few}, it may be tough for an individual to stand up for his rights and invoke the provisions of the RTI Act. Social activists and NGO’s have been instrumental in helping individuals with their breakthrough achievements. They have been able to expose irregularities in the government departments. It is by no means an easy task to deal with sensitive issues implicating the government officials, but they have been able to do so with a good success rate.
To name a few
1. An Assam based social activist exposed a scam in a rural development program launched by the government.
2. Irregularities in the selection process of candidates for the state civil services examinations by the Chhattisgarh Public Service Commission, was neatly exposed by an RTI activist.
3. The Home Ministry was questioned about the tons of grains that were stocked in the warehouse of Food Corporation of India and reportedly damaged. Rightfully so when most of us are aware that the subsidies intended by the government for the poor people, through the ration system, never reaches them fully, thanks to corruption once again where the middlemen intervene and intercept the system.
4. The trauma faced by the small farmers in Gujarat which led to them committing suicide was further investigated under RTI and the actual deaths were even more alarming than what the government had declared.
On the other hand, this Act can actually be misused for all the wrong reasons, as well. One good example is that of the 26/11 Mumbai terrorist attacks where many innocents lost their lives. How did the terrorists manage to get accurate information of the locations and details of the places targeted? Apparently they knew their way around to tactfully obtain important details like site plans, security systems etc under the RTI. This is indeed very scary.
It is also very ironic that lately, activists who seek rightful information under the RTI Act are being silenced. This is brutal and a disgrace to democracy. The facts outlined below are quite shocking –
1. Amit Jethwa an environmental activist was shot dead outside the High Court in Ahmedabad. He has been fighting to curb illegal mining activities near the Gir lion sanctuary.
2. Pandey, a doctor from Robertsganj, a small town situated about 600 miles from Delhi had a lucky escape but was left fighting for his life as he sustained gunshot injuries. His fault? He exposed a brick scam. Roads that were supposed to be constructed in UP State were never built in spite of funds allocated by the government.
3. Few more have also been killed or found dead in mysterious circumstances, last year when they used RTI Act to expose corruption in mining, public utilities, food distribution and unauthorized water and electricity supplies.
In places like UP and Bihar, where the literacy rate is very low, more gruesome events have transpired when people have tried to fight for a cause.
NGO’s, Human Rights Commission and the Indian Janta are all fighting for their rights and have finally raised a unified voice. This is a major breakthrough after the historic win by the Indian cricket team. 2011 is the year to be. Led by Gandhian Anna Hazare, the government’s nod to passing the Anti Corruption Bill and establishing Lokpals, to try and convict the guilty and corrupt government officers/politicians is a hallmark in Indian history. This is the first time that mass opinion has forced the government to pass legislation in their favour.
Just hope that the Bill becomes an Act very soon and functions the way it is intended. Fingers crossed on that and let us hope that Anna Hazare’s crusade does not go waste. Only time will tell.
{References have been made to the Act and internet sources}
