Skip to main content

Should Haldankar’s pending RTIs abate because he was murdered?


By Venkatesh Nayak*
“Another one bites the dust, another one bites the dust uh.. and another one, and another one”. “Apro dikro” (our Parsi lad), Freddie Mercury’s hit song from the 1980s song, is in real danger of becoming the RTI anthem for India. With the murder of renowned RTI activist Suhas Haldankar in Pimpri-Chinchwad area of Pune district in Maharashtra last Sunday, Maharashtra accounts for 16 instances of murder of RTI activists and information seekers counting Satish Shetty, onwards of 2010. Three of them have occurred since the present State Government assumed power in October 2014. Nation-wide, the death toll has gone up to 65 and the total number of attacks on RTI activists and information seekers is at the threshold of 400. Readers may visit the Hall of Shame where CHRI has documented these attacks on a Google Map.
According to media reports, using RTI as a tool, Suhas had exposed several irregularities in the functioning of the Pimpri-Chinchwad Municipal Corporation (PCMC). At least one of the accused is said to be a former member of the PCMC and allegedly belongs to the Indian National Congress. Thankfully, the police seemed to have swung into action leading to the arrest of 11 of the accused. How much his activism was valued by the community was indicated by the fact that residents of the Kharalwadi area observed a bandh soon after the murder came to light.

CHRI’s complaint to the NHRC and the Maharashtra State Information Commission

Condemning the incident, CHRI has sent a complaint to the National Human Rights Commission to monitor the police investigation as Suhas was a human rights defender fighting for public causes. CHRI has also urged the Maharashtra State Information Commission to call for all pending RTI applications filed by Suhas and direct proactive disclosure of all information in the public domain in accordance with the provisions of the RTI Act.

Central Government must drop appeals ‘abatement’ and ‘withdrawal’ clauses from the Draft RTI Rules

If the Central Government has its way, all RTI applications and appeals that Suhas may have filed with Central public authorities would abate automatically on his death. The motives of the accused who battered Suhas to death with cement blocks would attain a pyrrhic victory and the national motto ‘satyameva jayate’ (truth alone shall triumph) would take a battering once again. Civil society actors have been demanding that the RTI Rules do not allow for the closure of appeals on the appellant’s death.
The Union Minister for Personnel and Public Grievances- the nodal Ministry for implementing RTI Act, recently pooh-poohed criticism of the Draft Rules arguing that the controversy is because of “lack of understanding of what the entire issue is all about”.
Of course people without formal training in law will not “understand the hair-splitting arguments about RTI Rules, Regulations and Guidelines and what the Supreme Court said to the Government and how the Government replied. What people understand well is- “blood has been spilled on Vasudha (Mother Earth) for the umpteenth time”. This is hardly vasudhaiva kutumbakam (Mother Earth as one family) or sabka saath sabka vikas (with all and development for all) – the pet slogans of the present political dispensation at the Centre and in Maharashtra.
What was the provocation for the murder? Suhas did not ask information about purchase of fighter aircrafts or what India was promising the visiting Prime Ministers of Bangladesh and Australia. He was highlighting the poor state of the civic administration in his area. He was “speaking the truth to power”. First the the powerful tried to buy him out and when they did not succeed they threatened him with dire consequences.
If Suhas had fallen for the candies they offered or given in to their intimidatory tactics, he might have withdrawn his RTI applications and appeals. If Draft RTI Rule 12 proposed by the Central Government becomes law, every such action will get legitimacy. People seeking to expose corruption or maladministration will be threatened into withdrawing their appeals by vested interests. This is why civil society has been demanding that Draft Rule 12 be dropped entirely. Surely, this ‘controversy’ is not rocket science that any citizen, let alone a Minister, would find it difficult to understand.
Draft Rule 12 that seeks to permit the Central Information Commission to allow appeals to abate on the death of the appellant or for their withdrawal must be dropped without any delay.

Strengthen the Whistleblower Protection Law instead of weakening it

Currently, there is no law across India for protecting whistleblowers who are victimsed for exposing corruption. Parliament approved the Whistleblower Protection Act in 2011. Instead of implementing it, the Central Government has pushed regressive amendments that will discourage potential whistleblowers from coming forward. CHRI has already critiqued these amendments. The amendment proposals approved by the Lok Sabha are pending in the Rajya Sabha. Neither the Whistleblower Act as passed by Parliament nor the Government’s amendment proposals are designed to protect RTI users and activists from harm.
The Central Government must withdraw the regressive amendments and bring in a fresh set of proposals to strengthen the whistleblower law to protect people who seek information in public interest or those who seek social justice or defend human rights. This must be done through a widespread consultative process that is credible. This is the need of the hour.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

Maoist call for peace talks: A democratic opening amidst state repression?

By Harsh Thakor*  The readiness of the CPI (Maoist), a banned organisation, for peace talks is seen as signifying a democratic gesture that should be welcomed by all who uphold democratic values. The ongoing conflict under ‘Operation Kagaar’ in Central India represents a clash between alleged state aggression and self-defence by oppressed communities. Critics argue that the Indian government has violated constitutional principles by promoting corporate expansion in Adivasi regions under the pretext of development, endangering the lives and livelihoods of local populations.

CASR urges immediate halt to Operation Kagaar, calls for peace talks with Maoists

By A Representative   The Campaign Against State Repression (CASR), a collective of over 40 civil society organizations, has issued a press statement demanding an immediate end to "Operation Kagaar" and alleged state-led killings of Maoist rebels and indigenous people in central India. The group also called on the central government to create a conducive environment for initiating peace talks with the banned Communist Party of India (Maoist).

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor   One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

Why crucifixion is a comprehensive message of political journey for the liberation of the oppressed

By Vijayan MJ  Passion week is that time of the year when Christians all over the world remind themselves about the sufferings, anguish, pain and the bloody crucifixion that Jesus Christ took on himself, as part of his mission of emancipating the people and establishing the kingdom of god. The crucifixion was not just a great symbolism of the personal sacrifice of one person, but it was a comprehensive messaging of a political journey for the liberation of the oppressed; one filled with struggle, militancy, celebration of life, rejection of temptations, betrayals, grief, the long-walk with the cross, crucifixion and ultimately resurrection as a symbol of victory over the oppressors and evil. 

How Mumbai University crumbles: Not just its buildings

By Rosamma Thomas*  In recent days, the news from the University of Mumbai has been far from inspiring – clumps of plaster have fallen off the ceiling at the CD Deshmukh Bhavan, and it was good fortune that no one was injured; creepy crawlies were found in the water dispenser that students use to collect drinking water, and timely warning videos circulated by vigilant students have kept people safe so far.

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Akhilesh Yadav’s boycott of Dainik Jagran: A step towards accountability or political rhetoric?

By Vidya Bhushan Rawat  Akhilesh Yadav has called for a total boycott of Dainik Jagran, a newspaper owned by the Gupta family. He also declared that the Samajwadi Party will no longer participate in any panel discussions organized by a media channel allegedly controlled by the family or relatives of the omnipresent Rajiv Shukla. Akhilesh Yadav and the Samajwadi Party are well aware that Dainik Jagran has long been antagonistic to Dalit-Bahujan interests. The newspaper represents a Bania-Brahmin corporate and ideological enterprise.