It is the irony of circumstances that Right to Information Act (RTI) is losing its sheen with every passing day as its goal of promoting transparency and accountability have become casualties which can be attributed to the recent amendments, including central government’s attempt via Digital Personal Data Protection Act of 2023 which has enhanced the ‘secrecy’ under the pretext of’ Privacy’.
Political observers feel that there is nothing to celebrate its 18th anniversary even after the inception of RTI Act on October 12, 2005 especially when six out of 29 state information commissions are headless and seven institutions are working at recused strength which reflects the common psyche of politicians cutting across the party line to ensure its burial in times to come.
Need to exert
Majority of state information commissions and CIC have been rendered irrelevant as union as well as state government officials tend to ignore the information which is sought by applicants. Experts say that there is dire need of providing the teeth to these institutions otherwise they should be closed down.
Due to lack of powers to punish the bureaucrats, stereotyped replies are sent to CIC and IC which is ridiculous and normally says “information is being collected.” 2nd, RTI act must have provision to check the misuse by some fake activists who mint money and indulge in the blackmail of officials.
The politicians and bureaucrats connive with such elements to undermine the spirit and motive of the act.3rd,The union government must give powers of contempt of court to CICs and ICs to punish violators so that there is a feeling of fear psychosis amongst the bureaucrats. Interestingly, at least, six states have intentionally delayed the appointments of CICs and ICs as same do not figure in their list of priority thereby weakening the institutions.
As per data, more than 4,800 applicants are received by the central and state commissions daily and pendency has crossed the mark of about 1,75,00,00 which speaks volume about the efficiency of these institutions? An identical and miserable situation prevails in national and state human rights commissions also which have been made almost defunct especially when appointees are to the liking and preference of ruling party.
Not come upto the expectations
Imagine the efficiency of CIC of India which has got a pendency of over three lakh complaints and runs away from the complainant who wants critical information about some allegations of corruption and human rights violations. In a democracy, discretion of any government cannot block any citizen from seeking information which is of paramount importance to the welfare of the society but central and state governments have become habitual offenders in hiding the information which is being done with the collusion of bureaucrats.
Towards RIP
Congress party general secretary, Jai Ram Ramesh is upset with the downslide of authority of RTI act under NDA regime as it has continuously tried to weaken the act hence is heading towards its burial. He has challenged some of the provisions of the amendments in RTI act in Apex court which were passed by union government in 2019.
The amendments include downgrading the status of CIC, IC and state CIC from supreme court judge which will lead to their inability to issue orders to senior government bureaucrats. It is being perceived as a threat to the independence of the institutions. The central government did not have public hearings prior to drafting the bill which could have ensured transparency.
But the union government’s viewpoint is different as it argued in the parliament that the mandate of the election commission of India and that of central and state commissions are not identical. CIC has been given status of SC judge but his verdicts are challenged in the high courts. It emphasizes that the amendments are aimed at removing the anomalies in the act and not intended to dilute it which is contested by the RTI activists.
A sad person today
The Mazdoor Kisan Sangthan (MKSS) led by ex-bureaucrat Aruna Roy had launched a campaign to make RTI a reality in Rajasthan in 2000. Roy had given a push to the national campaign on People’s Right to Information (NCPRI) which was constituted in 1996 in New Delhi and became a big movement leading to the birth of RTI Act on Oct 12,2005 during the UPA regime. But amendments in the act have upset Roy who fears further dilution to make it irrelevant and ineffective. Journalists and activists had also contributed in this movement who expected revelations of the information to serve the cause of common people but things are moving in different direction.
As chairman of Standing Committee of All State Public Service Commissions in India, I visited more than twenty states to interact with chairmen of the commissions regarding the reforms including switching over from state civil services to IAS pattern. At this juncture, I got an opportunity to interact with CICs and ICs who were worried about the future of RTI Act. They felt that public awareness can stop politicians from making the act as completely defunct as it suits them.
In final assessment, journalists and activists laced with RTI applications even unearthed scandals like 2G spectrum, corruption in coal blocks and data on farmers suicides in the country which had shaken the government but gone are those days as presently RTI Act exists on papers only with little sign of optimism that it would grow stronger.
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RTI is certain to die an unsung death if the process of dilution continues which will suit politicians of all parties hence peoples’ movement is mandatory to ensure its survival in future.
(K.S. TOMAR has been chairman of Standing Committee of State Public Service Commissions in India for 3 years and Ex-chairman of HP Public Service Commission)