NEW DELHI: Social activists, NGOs and citizens at large have urged President A.P.J. Abdul Kalam to invoke Section 14 of the Right to Information Act (RTI) that empowers the President to institute an enquiry into the functioning of the Central Information Commission (CIC) and prevent the Act from getting diluted.

People

"The CIC is meant to be the protector of the RTI Act for the people of India. Left to the CIC, the Act will be killed by its own custodians. We look up to you to prevent that from happening. Let the ray of hope lighted by the RTI Act survive and shine brighter on our democracy. Your Vision 2020 ... presupposes free availability of information through inter-connectivity at all levels of the government. The direction that the CIC is taking would never allow realisation of this vision," they said in a signed appeal to the President. They said they were concerned about the CIC's functioning.

Positive effect

The RTI Act 2005 came into effect a year ago. Several States, including Delhi, had similar Acts in force for the last four to five years. During this period, a large number of underprivileged people were able to get food rations regularly as a result of using the Act. About 200 poor children in resettlement colonies of East Delhi were able to get admission in proper schools. People began to get their work done without having to pay bribes.

However, these positive developments and the hope generated turned into despair due to the functioning of the Central and State Information Commissions entrusted with implementing the RTI Act and ensuring transparency and accountability in government functioning.

An analysis of the orders passed by the CIC has revealed that in 71 per cent of the total appeals received the CIC "disposed of appeals" without calling the appellants. It also did not adhere to the principles of natural justice, which requires hearing the appellants to ensure that denial of information is in accordance with the exemptions listed in the law.

Violations of Act

Similarly, the CIC has not penalised even a single official guilty of denial of information during the first year, which amounts to serious violations of the RTI Act. The Act explicitly provides for penalty in such cases.

Penalty was imposed in only two cases of about 1,500 cases decided by the CIC so far. One has already been withdrawn and the other is in the process of being withdrawn.

The CIC had issued show-cause notices in 59 cases without result or penalty. At the same time, the pendency of cases at the CIC is increasing daily with an average 2,000 cases reported every month. Since penalty is not being imposed as stipulated in the Act, the number of appeals is on the rise. The CIC has displayed a lack of knowledge of principles and procedures of justice.

Activist

The representation has been signed by noted Magsaysay award winner and water conservation activist Sandeep Pandey, RTI activist Madhu Bhaduri and social activists Rakesh Aggarwal, Manish Sisodia and Kumari Santosh.

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