Implementation of the RTI Act
VIKAS JHA
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Need to remove the bottlenecks
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The Right to Information (RTI) Act 2005 has the potential of solving the service delivery needs such as poor health, education, water, infrastructure, etc.The Act was used by a large number of citizens across India in the beginning but slowly it is getting stuck in the web of bureaucratic complexities. Public Information Officers (PIOs) who are supposed to provide information to the citizens and the Information Commissions (ICs), which have the responsibility of dealing wi
th the appeals in case of denial of information, are proving to be the biggest bottleneck in the implementation of RTI Act. Citizens are aggrieved by the lethargic, poor and inefficient functioning of ICs in most of the States. Moreover, the ICs have sent wrong signals by being sympathetic to the PIOs who get away easily by not providing information to the citizens.
Reappraisal of the role
The role of the ICs was examined in detail in the National Conference of RTI Activists at Gandhi Peace Foundation, New Delhi on July 28-29, 2008. The conference was attended by 120 RTI Activists from 21 States. The activists at the conference felt that the ICs, by delaying the disposal of appeals, were proving to be the main stumbling block in the implementation of RTI Act.
What hurts the citizens most is the denial of justice at the ICs. Appeals in several States are not resolved in one hearing. Even after many hearings, the decision of the IC to provide the citizen with the necessary information within a specified time is not followed. The case is closed without even ensuring whether the information has been provided or not. PIOs, in a majority of cases, even after orders from the ICs do not provide information or provide incomplete information.
Lack of transparency
The self-disclosures of the ICs are poorly maintained or not frequently updated. In some states the ICs do not have the necessary infrastructure to maintain the data. All this sets a wrong precedent. In addition, ICs are not only inefficient but also expensive in their functioning. A vigilant civil society can make the ICs work.
Some good initiatives like district reviews, good disposal rates of appeals, show cause notices to the PIOs and self-disclosure of their activities by Haryana and Andhra Pradesh Information Commission and computerised updating of records by the Central and Punjab Information Commission need a word of appreciation. But these remain largely an exception in the country and citizens are highly dissatisfied with the functioning of majority of ICs. The ICs have to be not only more efficient but also effective in dealing with the appeals, so that a strong message is sent to the PIOs that denial of information would not be tolerated.
ICs must display swiftness and certainty in levying penalty in case of malafide denial of information by the PIOs. Zero tolerance to denial of information and imposition of penalties would deter the PIOs from denying information to the citizens.The activists at the conference felt that only active ICs can save RTI in the country and hence civil society needs to be vigilant and should maintain constant pressure on them.
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