Skip to main content

Overall trend towards lesser transparency despite strong Right to Information law

By Bharat Dogra 

India has a strong Right to Information (RTI) law that has been considered a model law by many countries. Despite this, in recent times, there have been several complaints that RTI applications are leading to rather evasive replies that are not very helpful leading to more need for appeals to get proper information. Unfortunately, however, even after appeals the proper information is frequently not becoming available in time, one reason being that the arrangement for timely responding to appeals has been weakened at many places. While the situation may not be the same in all the states, an overall decline in the ability to get timely and proper information has been noticed widely.
This is very unfortunate, for at one time India had appeared to be emerging as a leader in RTI-driven transparency. While the situation at the turn of the century was that RTI laws were being enacted or seriously considered in several countries, two factors added to the strength of the RTI scene in India. One was of course the relatively stronger law that emerged here after a lot of efforts and fiddling with much weaker versions of this law. Secondly, a remarkable part of the situation in India was that the entire movement here had emerged from a strong grassroots struggle of workers and peasants in Rajasthan for information relating to their daily survival needs. They were asking for information relating to drought relief or rural employment work, for payment of legal minimum wages for such work or for the delivery of subsidized food ration to the poor which was of critical importance for keeping away hunger from their huts. This movement initiated by the MKSS (Mazdoor Kisan Shakti Sangathan or Organization for the Empowerment of Workers and Peasants) was soon joined by several other organizations and movements in India and dharnas or sit-ins were organized in several parts of Rajasthan to demand RTI. It was only after several protests and much delay that the Rajasthan government accepted the idea of right to information in the right spirit. Meanwhile efforts emerged in other states like Maharashtra too to demand RTI.
Senior activists from the Rajasthan movement such as Aruna Roy harnessed the strength of their grassroots movement to create a national campaign committee for people’s right to information. This had very senior journalists like Kuldip Nayar, Ajit Bhattacharjee and Prabhash Joshi , highly respected activists like Aruna Roy, Nikhil Dey and K.G.Kannabiran and those with rich administrative and academic experience like Harsh Mander and Shekhar Singh.
Thus a national campaign called NCPRI combining grassroots efforts with efforts to reach governments as well as influential people in civil society, academia and media took shape. This first led to some state level laws and finally to a RTI law for the entire country (2005).
This law started being used very extensively within a short time, hence testifying to the need for such a law. RTI almost became a household word among significant sections of the population and people started looking forward to using it in the context of several problems they faced, leading to interesting results. The government was also called upon by the legislation to suo motto make available a lot of its information, leading to the entire system becoming much more transparent than before. All this certainly contributed to the betterment of democracy in India.
However more recently some of these gains have been eroded. The entire system created by the RTI law depends to a significant extent on the functioning of the central and state Information Commissions. Unfortunately these have been weakened and understaffed so that their ability to ensure proper implementation of RTI has declined. An amendment in 2019 of the RTI law increased union government’s control over information commissioners. Then the Digital Personal Protection Act enacted this year has made it more difficult to get some information needed for social audits as well as some information relating to powerful and influential persons.
Several rules which are made regarding the implementation of RTI laws have also been such as to make it more difficult to use the RTI law in various ways.
The overall trend towards lesser transparency is also evident in less than enthusiastic suo motto disclosure of information. When efforts at higher levels to pursue steps in the direction of greater transparency are missing, the overall system also tends to fall into the same pattern of lesser rather than higher transparency.
Certainly the need for transparency is increasing in the present day world and people’s efforts to make our systems more transparent must continue and must be strengthened at various levels.
---
The writer was the first Convener of the National Campaign for People’s Right to Information and has contributed several articles, booklets, primers and books on RTI

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

This book delves deep into Maoism's historical, social, and political dimensions in India

By Harsh Thakor*  "Storming the Gates of Heaven" by Amit Bhattacharya is a comprehensive study of the Indian Maoist movement. Bhattacharya examines the movement's evolution, drawing from numerous sources and showcasing his unwavering support for Charu Mazumdar's path and practice. The book, published in 2016, delves deeply into the movement's historical, social, and political dimensions.

Ideological assault on dargah of Sufi Saint Khwaja Moinuddin Chishti will disturb pluralistic legacy: Modi told

Counterview Desk Letter to the Prime Minister about "a matter of the utmost concern affecting our country's social fabric": *** We are a group of independent citizens who over the past few years have made efforts to improve the deteriorating communal relations in the country. It is abundantly clear that over the last decade relations between communities, particularly Hindus and Muslims, and to an extent Christians are extremely strained leaving these latter two communities in extreme anxiety and insecurity.

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”