RTI Act: Kalam’s intervention sought – RTI Activists meet President

SOME IMPORTANT NEWS ON RTI

 

RTI Act: Kalam’s intervention sought
Aditi Tandon
Tribune News Service

Chandigarh, November 1
A group of social activists from Chandigarh has sough the President of India’s intervention in making the Right to Information (RTI) Act more proactive than it presently is.

At a meeting held at Rashtrapati Bhavan on October 30, representatives of the Burning Brains Society and Citizens Voice, two voluntary organisations active in North India, apprised President A.P.J. Abdul Kalam of some deficiencies in the Act which were marring its unique character. The principal among these are the exclusion of civil society from the Act and lack of uniformity in RTI rules.

Ever since the Act came into force, institutions and trusts have not been able to use it due to vague interpretation of the “RTI Act” by the Central Information Commission (CIC). The CIC has held that any NGO, a trust, a society or other such institution is not eligible to seek information under the Act. “Such interpretation, ” activists say, is incorrect and illegal.

Mr Hemant Goswami of the Burning Brains Society clarifies: “In legal terms, all NGOs, trusts and societies can approach the High Court or the Supreme Court for the protection of their fundamental rights. It is strange that they have been denied the right to seek information under the RTI Act.”

The RTI Act says that only a “person” can seek information and a “person” can file appeal with the Information Commission. Even if that be so, Article 367 of the Constitution demands that “General Clauses Act, 1897″ be referred to for any interpretation of the word “person”. According to this Act, “person” shall include any company or association or body of individuals, whether incorporated or not.”

Under the RTI Act, however, this interpretation has been ignored. The representation submitted to the President seeks immediate rectification of the misinterpretation. It also raises the issue of lack of uniformity in RTI rules – something that is defeating the purpose of the Act. Section 27 and 28 of the Act empower “State Governments” and “Competent Authorities” to make their own rules. These provisions are being misused grossly.

Many states and competent authorities have prescribed fee as high as Rs 500 (instead of Rs 10 as prescribed by the Act) for seeking information. Complicated forms and payment methods to deposit RTI fee have been prescribed, making it impossible for poor and illiterate people to seek information.

The Delhi High Court has prescribed a fee of 500 for getting information. It has also reduced to Rs 50 the fine on the official who fails to furnish information. The fine under the Act is Rs 250 per day.

And that’s not all. Some authorities have changed rules to the detriment of the Act. Himachal Pradesh which has several people living below the poverty line has prescribed two complicated forms for seeking information. Not just that, it accepts fee only if the same is deposited in its treasury and three copies of the treasury receipt are deposited along with the two mentioned forms.

Any issue related to a matter spread over 10 years requires an applicant to submit 10 separate applications, one pertaining to each year and deposit a separate set of forms and fee for each year. Many other state governments like Haryana have enhanced the RTI fee to Rs 50.

In many ways then the power granted to state government and authorities to frame their own rules under the Act is being misused. The President of India has now promised to look into these and other vital issues the representation raises.

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Social activists raise RTI concerns with President Kalam

 

 

October 31, 2006: New Delhi: – On the invitation of the President, a five member delegation led by social activist Hemant Goswami met the Indian President Dr. A. P. J. Abdul Kalam yesterday.

 

The delegation discussed issues on RTI reforms and stressed on the need of proper implementation of the “Right to Information” laws. Mr. Hemant Goswami, leader of the delegation informed that the President was very receptive and discussed each issue in full details during the 30 minutes meeting. The President showed keen interest on the suggestion that the whole of India should have the same RTI rules applicable everywhere instead each state making its own rules, Mr. Ajit Tomar, a member of the delegation revealed.

Five major issues were discussed in the meeting. It was mentioned that some information commissions were wrongly preventing NGO’s from seeking information under the RTI Act. The delegation pointed out that when NGO’s were empowered to move the courts for preventing violation of fundamental rights under part three of the constitution, there was no reason why there should be any restriction on seeking information, especially when legally there was no restriction on NGO’s or AoP’s to seek information.

 

It was pointed out that the provisions of Section 27 and 28 which empower the “State Governments” and “Competent Authorities” to make their own rules was playing untold bedlam and severely restricting the implementation of the RTI Act. These provisions were being grossly misused by many “Competent authorities, ” “State Governments” and the corrupt bureaucracy/ officers, the delegates informed.

 

Issues relating to appointment and condition of service of the information commissioners were also discussed. The activists were of the view that no government servant should be selected for the position of information commissioner until three years have elapsed since his/her last assignment with the government. There must be the involvement of the Supreme or the High court chief justice instead of any other minister in the appointment of the information commissioners. On the lines of the Human Rights Act, any person who has been an information commissioner must be ineligible for further government appointment to bring impartiality in selection and decision making of the commission, the activists insisted.

The present scenario of projecting Information Commissions as courts was incorrect and rather the Information Commissions office should be projected as facilitation centres with minimum procedural hurdles.  Of course the issue of no amendment which abridges the right to information as enjoyed currently under the RTI Act was also discussed.

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Copy of the memo containing issues discussed with the President

 

BBS/PoI/1006/ 016

October 30, 2006

His Excellency A. P. J. Abdul Kalam,

President of India

NEW DELHI

 

ENSURING PROPER IMPLEMENTATION OF RTI ACT FOR

EMPOWERING PEOPLE

 
Your Excellency,

We are thankful to your Excellency for sparing valuable time to listen to the voice of the common man on concerns relating to implementation of the “Right to Information Act 2005.” The intend of every concerned citizen is that the RTI Act should achieve the intended objective of empowering the people by helping inch the nation closer in achieving the goals  enshrined in the Constitution to built an egalitarian society based on Justice, Liberty and Equality.

We on behalf of the common people of India would like to highlight some of the issues relating to proper implementation of the “Right to Information” for your kind perusal;

PREVENT EXLUSION OF CIVIL SOCIETY FROM RTI

In a bizarre interpretation of the “RTI Act” the Central Information Commission has held that any NGO, Trust, Society or any other AoP are not eligible to seek information under the RTI Act. Such interpretation is not only incorrect but also illegal.

To point out the legal interpretation, it may be mentioned that any NGO, Trust, Society or any other AoP can approach the High Court or the Supreme Court for protection of the fundamental rights as in Part III of the constitution or otherwise. Section 6 and Sec. 18 and 19 of the RTI clearly read that any “Person” may seek any information and any “Person” may file an appeal with the Information Commission. According to Article 367 of the Constitution, for any interpretation the “General Clauses Act, 1897″ has to be referred. Section 3 (42) of the General Clauses Act, 1897 reads that “Person” shall include any company or association or body of individuals, whether incorporated or not;” (Quoted). Further even Section 11 of the Indian Penal Code 1860 also defines “Person” as “Person“—The word “person” includes any Company of Association of body of persons, whether incorporated or not. (Quoted)

 

It is quite strange that an NGO can approach the Supreme Court for enforcement of rights conferred under the Part III of the constitution but are denied the right to seek information under the RTI Act by the CIC.

Any attempt to exclude NGO’s and/or Civil Society from the RTI Act shall have a telling effect on achieving the desired ends of the Act. This wrong interpretation must be immediately clarified and rectified.

UNIFORMITY IN RTI RULES

The provisions of Section 27 and 28 which empower the “State Governments” and “Competent Authorities” to make their own rules are playing untold bedlam and severely restricting the implementation of the RTI Act. These provisions are being grossly misused by many “Competent authorities, ” “State Governments” and the corrupt bureaucracy/ officers.

Many States and Competent authorities have prescribed fee as high as Rs. 500/- (Instead of Rs. 10/- as prescribed by the Act) for seeking information. Complicated forms and payment methods to deposit RTI fee has been prescribed which makes it nearly impossible for a common citizen (Especially people living under poverty line or those illiterate) to seek information. For example Delhi High Court prescribes a fee of 500 for seeking information (Rule 10 of “Delhi High Court (Right to Information) Rules, 2006″) and has reduced the fine on delinquent official not furnishing information to Rs. 50/- per day (Instead of the prescribed Rs. 250/- per day in the RTI Act). Similarly the State of Himachal Pradesh which has a large population living in poverty has prescribed two complicated forms “A” and “D” for seeking information and inspecting files. Further Himachal Government accepts fee only if it be deposited in the Himachal Government Treasury and three copies of the treasury receipt are deposited along with the two forms. Further if a subject matter related to a matter spread over ten years then the applicant has to submit ten separate applications, one pertaining to each year and deposit separate set of form and fee for each year. Most other State Governments like Haryana too have enhanced the RTI fee to Rs. 50/- or above in addition to prescribing non-practical and cumbersome rules.

The power granted to the State Government and Competent Authorities under Section 27 and 28 to frame their own rules must be immediately recalled and uniform rules by the Central Government must only be applicable. People from any part of the country must be enabled to seek information from any other part of the country. “One India” should have “One rule”.

APPOINTMENT & SELECTION OF THE CIC AND SIC

The present mode of appointment of the CIC and the SIC as mentioned under Section 12 and 15 is not proper and needs to be changed.

a.       The three member recommendation committee for the CIC and other Information Commissioners should include the “Chief Justice of the Supreme Court” in place of “a Union Cabinet Minister nominated by the Prime Minister,” as mentioned in Section 12(3)(iii).

b.      The three member recommendation committee for the SIC and other Information Commissioners should include the “Chief Justice of the High Court of the State” in place of “a Cabinet Minister nominated by the Chief Minister,” as mentioned in Section 15(3)(iii).

c.       No person from the bureaucracy should be appointed as an Information Commissioner unless at-least three years have elapsed since his/her last assignment with the government. The precedence of appointing the relived “Chief Secretaries” as Information Commissioner is detrimental for proper implementation of the RTI Act as many times the Information Commissioners have to listen to appeals against the same officers with whom he/she still enjoys a very emotional or close personal rapport. This often comes in way of passing firm orders and/or penalizing delinquent officials.

d.      As far as possible young people involved in social activities with a proven track record and who are adequately qualified should be considered for the position of Information Commissioners.

TERM OF SERVICE OF THE CIC AND SIC

No Information Commissioner should be eligible for any further appointment under the Government of the State or under the Government of India on ceasing to hold office. To ensure that the members of the commission work in an unbiased manner and do their duty without expecting any future gains/returns for any “favour granted,” including such a condition is must.

Such a condition is also there in Section 24(3) of “Protection of Human Rights Act 1993,” which reads, ” 24(3): On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India.” A similar condition should be included in the RTI Act.

NEED TO PROJECT INFORMATION COMMISSIONS AS “FACILITATING BODIES” AND NOT AS COURTS

Most Information Commissioners are projecting themselves akin “Judges” and “Information Commission Office” as “Court of Law.” This is counter productive and gives an impression of an unfriendly and vexatious system. Such an image is likely to defeat the objective of the RTI Act. Most Information Commissions are also promoting the idea of quoting the earlier decisions of Central Information Commission or the State Commissions as precedence, just as case laws quoted in courts. Our Constitution does not intend to promote such a system and this is the reason that only the “High Court” and the “Supreme Court” have been designated as courts of record and no other tribunal or quasi judicial commission/forum. By promoting a system like that of courts, the distance between the “Commission” and “People” is likely to increase further which would be eventually fatal to the desired objectives. Besides, such a system would also give growth to professionals who are expert in manipulating all such systems and procedure to their advantage.

QUESTION OF AMENDMENT

No amendment which abridges the right to information as enjoyed currently under the RTI Act must be allowed to be made. No new organisation should be included in the “Second Schedule” of the RTI Act. All discussions and contemplations regarding any proposed amendment to the RTI Act should be open to public at all times and done only after involvement of the civil society which should be absolutely open and transparent at all stages.

Your Excellency; we are very hopeful that you will consider our prayer and thereby enable the voice of citizens of India mouthed through us, heard in the higher echelons of power. We also pray that the necessary administrative, legal and other corrective changes as suggested above are considered so that the spirit of the RTI Act and the Constitution of India is protected.

Thanking you,

Yours cordially

Hemant Goswami

Chairperson, Burning Brain Society

Convenor, Citizens Voice

Devender Madan        Ajit Tomar      Poonam Goswami                   Neeraj Chaudhary        

…. and other concerned Citizens of India

Telephone: +91-172-5165555, 5185600 E-Mail: info(at)burningbrai n.org
http://www.burningb rain.org