Road ahead for access law
Charmaine Rodrigues
and Aditi Datta
Effective implementation is the essence of any good access regime
AFTER A number of false starts and even one Act which was on the books but never came into force, it is with much excitement that the Right to Information Act 2005 has finally been enacted. This overwhelming success comes after hectic lobbying by civil society with the United Progressive Alliance over the last year. Although it was not an easy process, the government deserves to be commended for responding to civil society's calls for a stronger, more people-friendly RTI law.
However even as civil society raises a toast to this hard earned victory, it is important to remember that this is merely a first step on the long road to its implementation.
Key issues
There are a number of key issues that the government needs to address urgently. First, the government must ensure that sufficient resources are dedicated to the implementation of the Act. Notably, bedding down the new law will require a considerable commitment of resources in the first year or so of implementation, because new systems and procedures may need to be developed, training undertaken and materials produced. What is spent in these early days will be more than made back by the savings the government earns when the law is used to expose the mismanagement of public funds, corruption and wastage.
Secondly, the government will need to immediately start planning to implement key provisions in the Act so that systems and processes are in place when the Act comes on line in 120 days. For example, Public Information Officers (who will be responsible for receiving and processing requests) will have to be identified in offices in all public authorities immediately and trained on their obligations under the Act. PIOs represent the frontline of information access for ordinary people. Likewise, officers who will hear appeals from decisions of PIOs should be identified and trained for each body.
Effective implementation will hinge on the bureaucracy's willingness to battle with centuries old systems and mindsets grounded in secrecy.
Equally, success depends on the public's awareness of their rights under the new law. To date, only eight States and one Union Territory have RTI laws, and in only a few of these jurisdictions have citizens been able to really use the law to good effect. Consider then the challenge in the 19 remaining States where the RTI movement is relatively nascent. To address this, the government should develop and organise educational programmes to advance the understanding of the public, especially of the disadvantaged communities.
In terms of systems, it is notable that the Act specifically requires all public authorities to maintain all records `duly catalogued and indexed in a manner and form which facilitates the right to information' under the Act and to ensure that all appropriate records are computerised and connected through a network all over the country on different systems so that access to them is facilitated. Proper records management is key to any effective right to information regime.
The new provisions, which require all public authorities covered by the Act to proactively publish a range of important information, will need to be bedded down in a strategic, thoughtful way. The RTI Act itself specifically requires public authorities `to provide as much information suo motu to the public at regular intervals through various means of communications so that the public have minimum resort to the use of this Act to obtain information.' In a step forward, this even includes regular publication of information on government subsidy programmes (including recipients) as well as government grants of licences and concessions, etc. If implemented correctly, these provisions could constitute a major step forward in terms of open government.
Independent bodies
Another key implementation issue is the establishment of the new Central and State Information Commissions to act as independent bodies to hear appeals from those who are denied information. The Act requires that the Information Commissioners are persons of integrity.
Finally, it is worth noting that many issues raised above will need to be supported by additional regulations in the form of Rules. Last time, the government wasted two years without producing Rules. This time, it is imperative that Rules are made quickly to facilitate timely implementation — but Rules need to be developed in a participatory fashion, involving civil society as much as possible and providing sufficient time for public comment. To ensure a user-friendly system, consideration should be given to making Rules consistent across the Centre and States so that the public need not fill in different forms or deal with different bureaucratic processes. The key is simplicity and ease of access.
Effective implementation is the essence of any good access regime. The new government has delivered on its commitment to enact a more meaningful law. We stand on the edge of a new era of transparency. Now however, the government needs to put its money where its mouth is — as well as time, commitment and human resource — so that the right to information can truly be exercised by all Indians.
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