RTI Act As A Tool To Improve Good Governance Practices

Vipul Tenpe Manan Thadeshwar Pearl Thomas Tanmay Tungare Kamlesh Varma Pankaj Vhatkar Shweta Shyamsunder Saurabh Sawant Pallavi Prasade Pankaj Goyal (162) (164) (166) (168) (170) (172) (174) (176) (178) (180)

What Is Right to Information?

       

Powerful tool Comprehensive Applicable to Government Fundamental human right Freedom of information Freedom of opinion and expression Core of human rights Key to democracy and development

NEED FOR RTI



Making democracy meaningful

1991 Harare Declaration The Commonwealth Law Flow of information

Supporting people - centred development

Poverty reduction Sustainable development Multilateral institutions

 Tackling corruption
Right to access information: Essential and practical antidote Acts as a source of light Helps civil society

EVOLUTION OF RTI
1990 - Mazdoor Kisan Shakti Sangathana  1993 - First draft RTI law  1996 - Model Law  1997 - Freedom of Information Bill - Shourie Committees Report & draft Law  1999 - Administrative order  2000 - Freedom of Information  2002 - Freedom of Information Act  2003 - Presidential Assent - Maharashtra adopted RTI  2004 - RTI Bill was tabled  2005 - RTI Bill passed


RTI Act Features, Process & Exemptions

RTI Act
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Obligations of a Public Authority [Section 4] Provide Information Suo Motu, Disseminate Widely Section 4 (2), (3) & (4)] Obligations of Public Information Officers [Section 5(3) & (4), 6(1) & 7(1)] Disposal of Request [Section 7 (1) to (8)] Information upto 20 Years [Section 8 (3)] Protection of Copyright [Section 9] Access to Part of Record[Section 10]

Features
       

Empowers every citizen to seek any information & inspect any document. Designate PIO in each department who accept request & provide information. Provision of APIO File application in writing or through electronic with application fee. In case of uneducated, deaf, blind; Assistance is sought. Only applicants name & contact details required. Application fee will be charged according to economic condition & vary state wise. If PIO fails to give information within time, charged penalty of Rs 250 each day to PIO.

Process Flowchart
Information Released

An Indian Citizen Submits Application

PIO

Application Rejected

Information Released

Decision within 3045 Days

Appeal to Departmental Appellate Authority (AA) within 30 days

AA Rejects

Complaint to Information Commissioner (NO Time Limit)

Penalty/Case on PIO for Rejecting the Appeal

IC considers the PIOs reasons for rejecting the application

Appeal/ Complaint Rejected

Information Released Court Orders Disclosure and Disciplinary Hearings Court Case

Information Released

Case Rejected

Exemptions from Disclosure



Information, disclosure of which would prejudicially affect the sovereignty and integrity of India Information which has been expressly forbidden to be published by any court of law Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information

Exemptions from Disclosure

 

Information received in confidence from foreign Government Information, the disclosure of which would endanger the life or physical safety of any person Information which would impede the process of investigation or apprehension or prosecution of offenders Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers provided that: Information which relates to personal information the disclosure of which has no relationship to any public activity or interest

International Perspective

International trend
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The first RTI law was enacted by Sweden in 1766, Later amended in 1949 . Later followed by the US, which enacted its first law in 1966 and then by Norway in 1970. By 2010, more than 85 countries had national-level RTI laws or regulations In Asia so far almost 20 nations have adopted FOI laws. Mexico Successful Model, as 2,00,000 applications were handled in first 5 yrs of its implementation South Africa only such law that permits access to records held by private as well as public authorities

USA, UK & INDIA

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The United States enacted a Freedom of Information Act (FOIA) in 1966 and introduced amendments in 1974 and 1986. India's RTI has certain weaknesses, there is criticism which the Information Commissioners are appointed to head the information commission. Bureaucrats working in close association with the government are appointed to the positions of RTI Commissioners in a non-transparent manner.

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In UK, Information is released in 20 days, whereas in India it is 30 days

India has no law that protects whistle-blowers. Case Let A 43- year-old Lt Col Baljinder Singh Goraya found that illegal watches were being sold in the Indian army without proper billing

Comparing India & Developed Nations

Views of PIO for Delays

Record Management
More than 38% feel Ineffective Record Management System

Training/Knowledge
Approx 45% feel that not given training in RTI

Approx 43% are not aware about Record Management Guidelines

Approx 43% are not aware of the proactive disclosure of their PAs

Approx 39% are not aware of key SIC judgements

Recent Developments

PM Comments on the RTI

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PM Mr. Singh signaled the governments intent to review Activists and politicians opposed the move Activists opposed to the increased list under section 24

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Right To Information (Amendment) Bill 2011

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MP from Maharashtra proposed the bill Bill regarding the clause of the reason to be mentioned Unjustified use of the Information RTI activist opposed the bill

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New Breed of Professionals

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Experts on RTI act draft questionnaire for applicants Advise them about their case after listening their grievances Even file case in place of CLIENTS for a FEE

BCCI and IOA Under NSF

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Proposal opposed by BCCI and IOA to continue free from public scrutiny Bill aimed at creating and enabling legal framework BCCI would be forced to follow WADA rules

Recommendations

Protection of Information Providers

In April 2004, the Supreme Court pressed the government to provide protection to the informers Designated Central Vigilance Commission (CVC) as the nodal agency to handle complaints on corruption Public Interest Disclosure (Protection of Informers) Bill 2010 introduced in the Lok Sabha on August 26, 2010.

Improving efficiencies at Information Commission

 Passing order on obvious cases without hearing

 Composition of Information Commissions

 Induction Period for New Commissioners

Improving Convenience in Filing Requests

 Convenient options for collection of Fees

 Alternative Channels for submission of RTI requests

 Developing multiple access channels

Awareness


Approximately 43% of the PIOs, not aware of the record management guideline Only 13% of the rural population and 33% in urban population are aware of RTI Act Needs adequate budget National and State level programme needed

Capacity building

3 Web-based applications for

Public Authorities

3 Record keeping RTI Friendly 3 Creation of

Knowledge Resource Centre

Third party audit

3 Regular audits would facilitate the

Public Authorities to comply with the RTI Act

3 Will monitor the

performance of public Authorities

3 Will take appropriate action in

case of any

deviation

Case Studies & Conclusion

Political
How to use RTI Act to hold elected representatives accountable to the Citizens of Andhra Pradesh


Issue raised by Shri Suresh Ediga Filed RTI application to demand the following information 1) How many days was the assembly session held starting from January 2006 till December 2006? 2) How many hours did it constitute? 3) How many bills were passed during these sessions? Please provide specific information as to what the bills were and what is their implementation strategy? 4) Were any bills withdrawn, if so what were they and why were they withdrawn? 5) How many bills were introduced? Edigas view -There is a strong case for urging the Legislative Assembly for suo motu disclosure under section 4(2) of RTI Act

Political


Governments view - No one is entitled to ask a public authority to create records. Info can be denied under section 8(1)(c). According to Section 8(2), access to information should be allowed, if public interest in disclosure outweighs the harm to protected interest. Implications of the case common man aware of his duties and watching closely over the administrative process .

Economical
Foreign firms involved in CWG scam, alleges RTI activist.


Eight-foreign missions, have sought clearance of pending payments of their firms involved in the Commonwealth Games. RTI activist S .C . Aggarwal files for a probe into the matter. Reply given to S .C. Aggarwal :

Out of total contracted amount of Rs.630.22 crore, the government has paid Rs.252.53crore. The payment bill is as much as 11.8 million dollars to one company.

Economical


10 million Euros to another.

Prasar Bharti defaulted in payment of 12 million pounds to UK company.



Peddle Thorpe Architects have not yet received two million dollars from Delhi Development Authority.


S C Aggarwal raised the issue regarding the defaulting of payments ,whether the funds allocated were utilized properly
 

Whether any unofficial payments were made to the foreign companies.

Social
Slum dweller applied for a new ration card
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Told to give a bribe of Rs.2000, which he denied Found out that bribe givers got their ration cards before him Waited for four weeks before filing RTI application Asked upto which date applications for ration cards had been cleared, and the daily progress report of his application. PIO found no justification for delay in the process Procedure fast tracked and ration card was given to him

Social
A 30-year-old daily wager, Haroon suffering from kidney stones .
 

Ignored by Hospital authorities continuously for one year.

Filed an RTI application with the help of NGO Pardarshita.

 

Days later, the doctor made sure his operation was done. RTI Act helped Haroon.

Conclusion


RTI Act a tool in bringing about transparency and accountability at all levels of governance. Much higher impact on the quality of life of the poor and marginalized section of the society. But power of the Act yet to be fully realized. Awareness needs to be created regarding the powers that the act can exert on the governing bodies. Proper utilization of the act to give democracy its true sense.

THANK YOU