The Hindu : New Delhi News : Plea against taking notings out of RTI Act's purview

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Thursday, Oct 05, 2006
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New Delhi

Plea against taking notings out of RTI Act's purview

Gaurav Vivek Bhatnagar

"Revelations would mean that the Government is bound to keep closely to rules"

NEW DELHI: Residents of the Capital who have benefited greatly from the Right to Information Act are now left wondering why attempts are being made to take file notings out of its purview. They point out that it has helped many -- especially the poor -- in getting their rights enforced through RTI applications.

A case in point is that of Sualal, a resident of Jagdamba Colony in South Delhi, who only through pressure mounted by seeking details of the file notings managed to get his caste certificate made. When he did not receive a response on his application from the department and did not know whether the certificate was being made or not, he made some futile trips to the office of the Sub-Divisional Magistrate. Thereafter he asked for a Daily Progress Report on the action taken on his application under the RTI Act and also asked for the names of the officials who were supposed to act on the application and the action taken by them. The result was fast: within 10 days of filing the RTI application he received his SC/ST certificate.

Such action brought about by disclosure of the names of officials responsible for the delays and the notings made in case files by them has made the poor, particularly those living in slum clusters, wary about the moves of the Government. "People in general and slum dwellers in particular feel more empowered with the present system. Taking away the file notings from the purview of the RTI Act, they feel, will lessen the impact of the Act," said Anjali Bhardwaj, who through her organisation Satark Nagrik Sangathan has been helping the poor file RTI applications for securing their rights.

Important info

She insists that the file notings are important pieces of information and should be disclosed because they allow people to know about the way decisions are taken, ensure that the ladder of decision-making is adhered to and that only those people who are authorised to take decisions do so. Moreover, the notings also provide details on the chronology of the decision-making process, the rationale behind it and the rules governing the process.

"Thus file notings leave no scope for extraneous considerations and influences from vested interests and also prevent arbitrary decisions."

Incidentally, in the case of Khateeja Begum, a resident of the Capital's Malviya Nagar area, it was these very file notings that helped her obtain her red ration card, with which she procures her rations today. Living in abject poverty, Khateeja had applied for a red or antyodaya ration card that is meant for the poorest of the poor as on it the Government gives food grains at highly subsidised rates. However, in order to get the red ration card she needed an income certificate as proof of her very low income.

Though this income certificate should be made within 21 days, in Khateeja's case the authorities did not issue it for two months, forcing her to file an RTI application seeking the Daily Progress Report on her application. This had the desired effect and Khateeja got her income certificate within one month and then used it for getting her red ration card with which she now gets rations at subsidised rates.

Another rights activist said revelation of file notings means that the Government is bound to keep closely to the rules of business and the criteria set down and this does away with patronage and discretion, leaving less room for decisions that have no justification.

Also, a clear line of thinking brought about by increased accountability leads to speedy disposal of cases.

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