Almost 14 years back I had organized the Right to information
crusaders convention through my organization ‘Surajya Sangharsh Samiti. It was
attended by about 137 activists from 27 states. I had to organize this event
because the veteran activists of the country could not agree on where to hold
the convention. In the end, no one objected to me organizing the convention.
The initiative was attended by veteran journalist Late Prakash
Kardale. Anna Hazare, Arvind Kejriwal, Manish Sisodia, Aruna Roy, Medhatai
Patkar, Nikhil Dey, Prashant Bhushan and many others. None of these came
together after that meeting. This is how I came in contact with many social
activists in the country. Some resolutions were passed in this convention
regarding the strengthening of the RTI act. However, to date, RTI community is still struggling
for proper implementation of the Act.
There is no doubt that all the congregation in this photo are
veteran social workers. They are masters in their respective fields. But they
never got along. For various reasons they often came either way but their
opinions never matched. No one will doubt the motives of these social workers.
Even if their achievements or goals are the same, they have differences over
the tools and they are so extreme that it creates distance from them.
Before this convention in July 2006, the Union Cabinet
amended the Right to Information Act 2005 to exclude the file noting by the
government officials from its purview. Till this date, Anna and Arvind Kejriwal were
in contact only on phone or through me. Arvind insisted that Anna should begin
his fast at Jantar Mantar but anna didn’t agree and went on his fast unto death
on 9 August 2006 in Alandi against the proposed amendment. He ended his fast on
19 August 2006, after the government agreed to change its earlier decision.
Meanwhile, Praksh
kardaley had requested Arvind Kejriwal to meet anna personally. Kardaley sent
this letter to anna on 15 August 2006. Arvind came to meet anna 0n 19 August
2006. However, before we ( I and Arvind Kejriwal) reach Alandi then MoS in PMO and in charge of the Ministry of
Personnel, Public Grievances & Pensions had reached there and Anna had
ended his fast. Hence, we had to return from midway. Then after some days, we
went to meet Anna Hazare
Three resolutions were passed in that convention first was
resolution with respect to demands from the government; another was regarding the functioning of CIC and SIC and the third was about the implementation of section 4 of
RTI. Dignitaries like Veteran social worker Anna Hazare, Aruna Roy, Aravind
Kejriwal and Prashant Bhushan had signed on these resolutions. Since then in
many such conventions activists have made the same demands. However, the government
didn’t give any heed to these demands.On the contrary, the government made every
effort to kill the RTI act and movement. Hence On the background of change of
guard in the country, there is a need to work on the strategy to revive RTI
movement.
Resolution passed
by the national convention of RTI activists in Pune held on 12th and 13th May
2007 with respect to the demands from the government
1. There ought not to be any mandatory forms
for requests for information and forms if any must only be a directory. The
non-compliance with the forms must not and cannot result in the rejection or return
of the requests.
2. There ought to be no fee for appeal and
such prescription is ultra virus and the act does not permit such imposition.
Wherever such impositions are made by the Governments, they should be
immediately withdrawn.
3. Many public authorities are prescribing
their own rules, which is totally illegal, and they are bound to follow the
rules made by the competent authorities. Strict action must be taken against
the public authorities that framed rules without jurisdiction for violating the
provisions of the Act.
4. A revolutionary sunshine act like the RTI
can only be handled and effectively implemented by an independent department.
The responsibility of implementing the act shall not be vested on the
Department of Personnel and Training or Personnel Department of any State. As
an interim measure the responsibility should be withdrawn from the DoPT or any
other State Personnel Departments and vested with the Ministry of Information
and Broadcasting and similar departments in States.
5. Every month the Secretary in Charge of
the implementation of the RTI Act should ensure that the Public Authorities
file analyzed reports including information demanded under S. 25 and the same
must be analyzed and action taken against any aberration or deviation from the An act which is so noted.
6. It must be mandatory that the first
appellate Authority records independent findings and reasons and gives speaking
orders while disposing of the appeals.
7. Central Government must correct the
mistake in S. 19(6) by notification under S. 30 by replacing the words “or
subsection (2)” as “or subsection (3)” and thus provide for a time limit to
dispose of the second appeals. By prescribing a time limit in rules, the
Complaints also must be ensured to be disposed of in a time-bound manner by the
commissions.
8. Every head of the public authorities must
be made responsible for ensuring effective and complete Section 4 disclosures
and strict disciplinary action must be taken against those defaulting this
paramount duty.
9. When compensation or costs are ordered by
Information Commissions or when free information is to be given due to delay,
the loss caused to the Public authority must be recovered from concerned officers
if it is seen after a proper inquiry that he is responsible for the loss. In In all such cases an inquiry ought to be made.
10. The first appellate authority that does not
bonafide and properly dispose of appeals must be penalized.
11. Call Centre’s as in Bihar for effective use
of RTI must be made available by the Central Government and the State
Governments. In the interim, there must be one APIO in every state who will be
able to accept and forward requests for information with respect to all Public
Authorities in the State.
12. All Public Authorities must make rapid
computerization making more and more available information in the public
domain.
13. The RTI Act must be included in the curriculum at the School level by all the State Governments, the CBSE, and the NCRTE
and also at the college level.
14. A special stamp for giving fee under RTI The act must be released by the State Governments and they shall be made available
through the Post Offices.
15. We urgently need the law to protect the
requestors of information in the form of the Whistle Blowers Act.
16. Government is bound by the orders of the
Information Commission and they shall be respected and implemented. We note
with concern to the flagrant violation of the orders of the Commissions by the
Government and also the frequent and frivolous challenges of the pro disclosure
orders of the Information Commissions by the Government before legal forums.
Resolution passed
by the national convention of RTI activists in Pune held on 12th and 13th May
2007 with respect to the functioning of CIC and SICs
1. If any PIO says that information cannot
be provided because the files are missing, the following action should be taken
in all such cases:
a. Public
authority should be asked to provide a list of officials who were supposed to
be the custodians of that file before it went missing.
b. An
FIR should be registered against those officials by name
c. Simultaneous the departmental inquiry should be ordered by the Commission to fix responsibility
within a week.
d. Commission
should direct the public authority to impose a penalty on guilty officials within
the next 7 days of fixing responsibility.
e. The The commission should direct reconstruction of file and the information should be
provided to the citizen.
f. For
every case of loss of file, the Commission should also enquire whether it was
some deficiency in record maintaining systems of the department which led to
loss of files. If so, they should direct appropriate changes in systems under
section 19 (8)
2. If files are reported lost at Information
Commission itself, the Commission should take all the steps listed above for
loss of files by PIO.
3. Show cause notice must: If there has been
any delay in responding to an RTI application, a show-cause notice should
compulsorily be sent to the PIO to explain the reasons for delay or denial of
information. If it relates to denial of information under section 8 or any
other section and the citizen alleges malafide, then the Information Commission
must compulsorily issue a show cause notice. There should be an open hearing
thereafter the issue of show cause notice in which both the parties should be
called. An order for either imposing penalty or dropping penalty should be passed in open court rather than behind the back of the parties.
4. Case should not be closed till complete
information is received and the citizen reports satisfaction.
5. If any public authority does not receive
RTI application does not accept fee or harasses citizen in any other manner in
submitting an application or providing receipt or acknowledgment, such complaints
should be directly accepted under section 18.
6. For every second violation by any PIO,
Information Commission should invoke section 20 (2) in addition to section 20
(1)
7. Information Commissions should ensure
that the penalties imposed by them are recovered and are entered in the ACRs of
the officials.
8. If a citizen invokes life and liberty
clause, the Commission should directly entertain such complaint under sec 18 and
should dispose of it within 48 hours.
9. “Life and liberty” should be defined as
provided under article 21 of the Constitution.
10. It has been seen that some Information
Commissioners are accepting the hospitality of public authorities whose cases,
they are hearing. This is being done under the garb of holding RTI workshops in
those public authorities. Information Commissioners should immediately stop
doing this. The Commission should come out with a model code of conduct on the
lines as it exists for judges.
11. If any state has more than one Information
Commissioner, they should be spread out in the state rather than holding
hearings from only one city.
12. No Information Commissioner should be
allowed to deal with any Department where he/she served any time in the past,
as there is a direct conflict of interest.
13. Both parties should be treated equally.
Often, the officers from public authority are seen to be having tea with the
Commissioner before hearing. This severely affects the independence of the
commissioner and his ability to act against the officials.
14. Both parties should be heard in every case.
Principles of natural justice should be respected.
15. Many Commissioners do not pass orders in
open court, which is a violation of rules. Every order should be passed in open
court.
16. All Information Commissions should
themselves abide by section 4 disclosures.
17. No format should be insisted upon for
filing an appeal. Similarly, only one copy of appeal should be asked rather
than three or five copies as is being done today.
18. Many Information Commissions have not
submitted their reports under section 25 of the RTI Act. It is requested that they
submit it soon.
19. Some information commissions are providing
orders for a cost. This should be stopped forthwith. Orders should be provided
free of cost.
20. Every case in which a decision is passed in
favor of the citizen should lead to appropriate compensation for costs incurred
and for mental harassment. This should be recovered from the salary of the
responsible officer as in the case of Chhattisgarh.
21. PIO and AA should not be allowed to be
represented by anyone including lawyers. They should appear in person.
22. All orders should be in a format so that
the basic information about that case is reflected in every case. We are
developing such a format through consultations and will make our suggestions
soon.
23. Acknowledgement no should be given to the
complainant/ appellant on the spot, if he is filing by hand or should be
dispatched within 24 hours of receipt by post.
24. The Commission should ensure that the first
hearing in every matter should take place within 30 days of receipt of
complaint/ appeal and there should not be a gap of more than 10 days between
two hearings.
25. “Human Rights” should be interpreted to
mean a defined in various international treaties to which India is a signatory.
26. The offices of Information Commissions
should be made disabled-friendly and should be at such places where they are
easily accessible to the public.
27. All hearings at Information Commissions
should be video recorded.
28. The Information Commissions may like to
create awareness, but they should do it themselves rather than sub-letting
funds to NGOs or other agencies.
Resolution passed
by the national convention of RTI activists in Pune held on 12th and 13th May 2007 with respect to the implementation
of Section 4
1. For the implementation of Section 4
state/central Government should take audits of every public authority. Public
Authorities that do not comply with Section 4 should be enquired upon by the
Govt.
2. CIC or SIC should dispose of complaints
against non-compliance of Section 4 on a priority basis.
3. CIC or SIC should recommend necessary
action against the erring Public Authority to the concerned governments
4. If applications are made for information
under Section 4 then the information should be supplied at actual cost and not
at the prescribed charges of Rs.2 per page.
5. CIC, SIC, and government should treat non
compliance of Section 4 as a refusal of information and accordingly take action
on the erring Public Authority
6. In every state NGOs should frequently
take an audit of compliance of Section 4 in various Public Authorities’.
