Government and Information Commission of Maharashtra misrepresented the facts

Literary geniuses (LG) of Maharashtra mantralay have recently issued a circular about compliance of section 4 of The RTI act. These LG’s are expert in avoiding any issue that is embarrassing to the Government. That means in case of any serous agitation, Fast, rally or media news about anything they promptly issue a well drafted circular to calm the issue temporarily.

In a circular issued On  9^th of this month government has mentioned that , The central RTI act came in to force on 12^th October 2005 It was necessary for all the public authorities to comply and update information on 17 points in section 4 (1) (b) of this act 120 days before it was introduced. Government has repeatedly issued many orders to public authorities in this matter, however it is observed that many public authorities  have still not complied with section 4 of RTI act, hence again following orders is being issued.                                                                                                                 

The public authorities (PA) that  have not prepared information on 17 points of section 4 (1) (b) of RTI act and published it on website, PA’s that have not appointed CPIO’s ,  PIO’s  and AA’s put their names on board are directed to this on priority. All the administrative departments to follow up of this matter with the PA’s under their control, all the PA’s should update their website. All the PA’s should send compliance report to their concerned departments as per directions in this circular.

There is nothing new in this circular, such types of of circulars are so innocent that whether complied or not it makes no difference. In fact one can say that there is always hidden direction in such circular that they should not be complied with.

Now see this, Social activists and information commission time and again keep complaining to the government about non compliance of RTI act. In first quarter of RTI act noted social activist Anna Hazare met chief minister (CM)  of Maharashtra on this issue .Obviously it is always necessary for CM to show displeasure after Anna’s complaint  on any issue, accordingly CM expressed his ‘serious displeasure” on non compliance of RTI act. Promptly literary genius of mantralay on 5^th may 2008 through a fresh circular communicated CM’s “ serious displeasure “ to all the public authorities and asked them about compliance of RTI act. There after nothing happened.

There after something happened and on 24 July 2009 present State information commissioner and then principle secretary to the government on Maharashtra Mrs.T.M. Thekkekara issued a fresh circular on same issue. However this time circular was bit tough (?) one. This time there was threat of mentioning non compliance in Confidential Reports of officers if direction were not complied before 31 august 2009. As usual nobody nobody took cognizance of this circular also.

Interestingly during period of Mrs. Thekkekaras’s and earlier circulars, all the information commissioners who are presently working in information commission of Maharashtra were serving on key posts in the government. However nobody bothered about compliance of any circular. As if they knew that their such behaviour will only make them eligible in future for information commissioner’s post. Accordingly same thing happened,. All these people applied for the post of Information commissioners pretending themselves “ person of eminence” and another High Power committee of persons of eminence headed by CM , deputy CM and leader of opposition agreed with and recommended their names and accordingly governor appointed them as Information commissioners.       

Present information commission has several times  has warned of serious action against all the public authorities for non compliance of RTI act, however till today non of them has taken it seriously, because public authorities know that all the present commissioners were their former bosses and equally responsible for  non compliance of the act, hence they didn’t take cognisance of any warning.

Through 9^th may circular  government has confessed that even in ninth year of RTI act  many public authorities have not complied with section 4, have not appointed CPIO, PIO and AA’s , even then since last many year government claims that 95% of the applicants get the desired information. Information commission is echoing the same thing. However in absence of adequate CPIO’s, PIO’s and AA’s how it is possible that 95% applicants got the information? .That means government and commission both misrepresented the facts and hence they have to clarify on it or apologize to the citizens of Maharashtra.

Only 160 more years required for compliance of section 4 of RTI act?

A, B and C can do a particular piece of work in 2, 3 and 6 hours time respectively. If they do the same work together, in how much time they will finish it? Many of us must have faced such type of work, time, and speed problems in school days. Many of us may make mistake while answering such problems. We can understand if any person makes such mistake, but what if entire country makes a mistake?

Yes, as far as Right to Information is concerned, entire country has made such mistake. On 15 June 2005 parliament of India passed RTI act. On 15th June 2013, it completed eight years; to be precise it completed 2922 days. After 15th june parliament of India .i.e. entire country gave  120 days time  to all the public authorities , to disseminate  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 RTI Act to obtain information. How this 120 days period for compliance was calculated? , Who was so sure about capabilities of public authorities in India? .No body knows the answers to these questions. However, ground reality is, there is very little, or no compliance at all of section 4 of RTI acts in India.

Exact figure of compliance of section 4 is not available, but for sure, it is not more than 2% to 5% in entire India. Now if we consider formula of time, work, speed, and if in 2922 days only 5% compliance is there, then how much time will they require for 100% compliance. Answer is simple 58, 440 days, i.e. only 160 years! As far as country is considered 160 years is not a big span, but if citizens of the country are considered this is very big span. As per this speed, our next few generations will not see compliance of section 4.

Now let us be some generous, show some faith on capabilities of our public authorities, and see what happens. if we consider 10% compliance of section 4 has been done then for full compliance  80 years will be required , if  we assume 20% compliance has been done then 40 years and if 40% compliance is done then next 20 years will be required for full compliance.

It is hard to believe that 40% compliance has been done or even it is impossible that somebody will claim so. It is pleasant scenario that in next 20 years 100 % compliance of section 4 will be done isn't it? But friends we are talking about compliance up to 15 June 2005 only , what about next years compliance? .For that we have to calculate vice versa . forget it , instead it is better to believe that in next 20% years 100 % compliance will be done.Thats why it is not even considered here that only 2% of compliance has been done till today. Positive thinking is always good. However, question remains the same, how did we made a mistake about capacity of our public authorities on such a huge scale?.