Empowering citizen’s right to information

In accordance with the provisions of Right to Information Act 2005 to promote transparency and accountability, the Government of Telangana has constituted the state information commission and appointed Chief Information Commissioner and one Information Commissioner.

Thus, one of the constitutional obligations of the Indian Democratic Republic, much to the satisfaction of several Telangana people who are desirous of having right to information, has been fulfilled.

The RTI social activists too who even preferred to knock at the doors of judiciary have welcomed the move. Now it is for the public at large in general, in particular the activists, to make full use of this commission. Unlike many Acts which derive their strength mainly from the government, this Act’s success depends upon the people and this requires educating the public on its usefulness and benefits.

To recall the genesis, need, concept and evolution of the RTI Act it may be appropriate to trace the roots since the days of earlier NDA government or to that matter the days when Inder Kumar Gujral was Prime Minister. When the then NDA government, though, enacted the freedom of information Act, it did not frame the rules and regulations and as a result the Manmohan Singh UPA government brought the RTI Act on June 21, 2005.

Though the then President APJ Abdul Kalam gave his assent on June 15, 2005, he went on record that confidentiality of communication between the Head of State and the Head of Government should be maintained. He further emphasised that notings by bureaucrats on files should also be privileged as otherwise it could adversely affect the decision-making process.

He however expressed the view that the legislation was an empowering tool and added that, "the Right to Information can provide immense relief to people who feel they have been wronged.” It is rarely seen an Act of this sort anywhere in the world was framed with meticulous care.

The strong driving force behind the RTI Act was undoubtedly the nine-point Action Plan adopted in the Chief Ministers’ conference chaired by the then PM IK Gujral held in May 1997 on the eve of 50 years of independence.

The conference observed that even after (by then) 50 years of independence people had growing doubts on state and central governments and to justify the trust of the people an action plan containing the components of accountability, transparency and citizen-friendly government was necessary.

Then it was agreed to draft citizen charters and establish public facilitation and information centres. Unfortunately, in majority of states either of all these three or one or more remained only on paper and for namesake.

The RTI Act provisions generate lots of hopes in citizens and as such in Telangana state too. The main reason for enacting such a law is that the democracy requires an informed citizenry and transparency of information is vital to its functioning.

The question now is what constitutes an information? The answer is simple…information means any material in any form including records, documents, memos, e-mails, opinions, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material etc., held by any public authority. Any authority or body or institution of the government including non-government organisations substantially financed by government is a public authority and they are expected to maintain all its records.

All this information shall be widely disseminated in public domain and in an easily accessible format. Each public authority shall appoint Public Information Officers (PIO) who are responsible to provide information when a citizen seeks. In case the citizen does not get a response from the PIO within the prescribed time, he or she has a right to approach the Information Commission for redressal and the Commissioner (s) concerned will initiate appropriate action against the PIO who fails to give information.

Couple of doubts still haunt the citizen in the implementation of the Act despite formation of commissions including in Telangana. Is it possible for the government to commit to “provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities” as stated in the Act? Unless each and every government department commits itself to the Act, this is not possible.

Every Public Authority shall, as per the Act, maintain all its records duly catalogued, indexed, computerised and connected through a network all over the country as well as publish within four months from the enactment of this Act, the particulars of its organisation, functions, powers and duties of its officers and employees besides the procedure followed in the decision-making process.

How many have done this? In addition, they should publish within four months from the enactment of this Act the budget allocated, proposed expenditures, reports on disbursements, manner of execution of subsidy programmes, facilities available to citizens for obtaining information, working hours of a library or reading room and names, designations and other particulars of the Public Information Officers as Single Point of Contact. It is debatable as to how many adhered to this as of now either in the country or in the states.

The Act has not defined the phrase “substantially financed” and as a result, NGOs ignored their obligations under the Act. The second Administrative Reforms Commission’s recommendation that organisations which perform functions of a public nature that are ordinarily performed by government or its agencies, and those which enjoy natural monopoly may be brought within the purview of the Act is yet to be implemented.

Any organization (government or non-government) may take shelter under the clause that, “There shall be no obligation to give any citizen such information which is classified as ‘disclosure of which would prejudicially affect.’” Does this provision not amount to limitations? Some proactive initiatives may perhaps help in better implementation of the Act.

They are: Identification and analysis of citizens information needs; Developing active public information tools and techniques like briefings, central information contact, information hotline, technical assistance, simulation games, information centers and field offices, expert panels, field trip, open houses, community fairs etc.

Finally, in a country like ours where nothing is practicable without political influence and interference, identification and appointment of persons of eminence in public life with wide knowledge and experience in different fields, as required in the RTI Act, for the positions of Information Commissioners is a Herculean task, though many states including Telangana did it with success.

What citizens are saying is treat us with courtesy and respect, make things easy for us, provide reliable and timely help, give us choice and voice, and shift from rules-driven procedures to citizen service-driven procedures. (Writer is CPRO to Chief Minister of Telangana)

By Vanam Jwala Narasimha Rao