Date : 04/09/2023

Relevance: GS Paper 2 - Governance - RTI

Keywords: Universal Declaration of Human Rights in 1948, Digital Personal Data Protection Act, of 2023, Right to Information (Amendment) Act, of 2019

Context-

The Right to Information Act, 2005, has played a pivotal role in promoting transparency and accountability in India's governance system for over a decade. This article delves into the various amendments to the Act, the challenges it faces, the status of online RTI applications, and public satisfaction with its functioning.

Historical Background

• The foundation of the right to information gained significance with the adoption of the Universal Declaration of Human Rights in 1948, which granted every individual the inherent right to seek and receive information and ideas via any media, without regard to borders.
• In 1966, the International Covenant on Civil and Political Rights reinforced this principle by affirming that everyone possesses the right to freedom of expression, including the freedom to seek and convey information and ideas of all varieties.
• Thomas Jefferson, a key figure in American history, emphasized the vital role of information in a democratic society, stating that "Information is the lifeblood of democracy." It is essential for the growth and vitality of civil society.
• However, in order to establish a practical framework for citizens to access information as a fundamental right, the Indian Parliament enacted the Right to Information Act in 2005.
• The genesis of India's RTI legislation can be traced back to 1986 when the Supreme Court issued a landmark judgment in the case of Mr. Kulwal v/s Jaipur Municipal Corporation. In this case, the Supreme Court directed that the freedom of speech and expression guaranteed under Article 19 of the Constitution inherently includes the Right to Information. This recognition was based on the understanding that without access to information, the exercise of freedom of speech and expression by citizens would remain incomplete.

Amendments to the RTI Act:

• The RTI Act has seen significant amendments over the years. One notable change is the Digital Personal Data Protection Act, of 2023, which transformed the prohibition on personal data disclosure into a total ban, potentially hindering social audits in vital areas like ration distribution.
• Additionally, the Right to Information (Amendment) Act, of 2019, granted the Union Government unilateral powers over the appointment and compensation of information commissioners, raising concerns about their independence.

Undermining the RTI Act:

Beyond legislative changes, the RTI Act's effectiveness is compromised in several ways.

• The Act's implementation relies on subordinate rules set by both the Union and State Governments. This includes the critical issue of payment methods. Some states, such as Tamil Nadu, do not accept Indian Postal Orders (IPOs), a convenient payment method. Other options, like court fee stamps or demand drafts, can be burdensome.
• Tardy appointments to information commissions at both the central and state levels have eroded confidence in the RTI framework. For instance, the Jharkhand State Information Commission (SIC) has been without commissioners since May 2020, effectively halting appeals against ineffective RTI administration.

Online RTIs:

• The introduction of online RTI applications has simplified the process for citizens, eliminating the need for uncommon financial instruments.
• However, many states lack online RTI portals, and even where they exist, some government bodies may not be registered on these platforms.
• The Union Government's RTI portal, launched in 2013, has faced usability issues, including the disappearance of past application data and the removal of the facility to create user accounts.

Public Dissatisfaction:

• There is a growing sense of dissatisfaction at the grassroots level. More first appeals are being filed, indicating increasing discontent with the information provided by public officials.
• Key stakeholders, including whistleblowers, appear to be losing their enthusiasm for the RTI process, which can be detrimental to the Act's effectiveness.
• This dissatisfaction stems not only from changes in the RTI Act but also from how various government institutions execute their responsibilities.
• The narrowing of avenues to conveniently file requests and the delay in addressing appeals due to understaffed appellate bodies have further fueled these concerns.

Other Challenges

1. Bureaucratic Attitude: Frequently cited as a reason for the dismissive approach towards RTI queries is the prevalence of frivolous or malicious inquiries. However, it's important to note that such queries account for only approximately 4 percent of all appeals and can be easily addressed.

2. Issues in State Information Commissions: Several problems plague State Information Commissions, including

1. Vacancies Remain Unfilled.
2. Some Commissions Operate Without Appointed Chiefs.
3. Unwillingness to Disclose "Uncomfortable" Information.

3. Problems with Public Information Officers (PIOs): PIOs in some cases exhibit audacious behavior. For instance, an information commissioner in Madhya Pradesh had to issue an arrest warrant for a PIO who repeatedly ignored 38 summons to appear at commission hearings and failed to comply with SIC orders.

4. Lack of Preparedness Among PIOs: Serious RTI inquiries, especially those involving multiple government departments, often necessitate involvement from higher-ranking officials. However, it's typically junior-level PIOs who attend hearings and frequently lack the necessary knowledge. These junior officers often bear the brunt of commission scrutiny and may face penalties.

5. Government Negligence: Government departments often display negligence in taking disciplinary action against errant PIOs. Such a cavalier attitude poses a significant challenge to the RTI regime.

6. Code of Conduct: Some commissioners openly expressing their political affiliations is a matter of concern, as it can raise questions about their impartiality and objectivity.

7. Legal Entanglements: Numerous RTI cases become entangled in lengthy judicial procedures. High courts frequently issue stay orders on decisions made by Information Commissions, even though the RTI Act clearly designates the information commissions as the final appellate authority. Appeals are sometimes disguised as writ petitions to seek relief from high courts.

Way Forward

• State governments must follow the Rajasthan government’s initiative of the Jan Soochna portal, which aims to make people, including the marginalized sections, a part of the governance process.
• Centre and States must expedite filling up the vacancies in the State and Central Information Commissions.
• Public authorities must be advised to provide for greater voluntary dissemination on government portals, which should ease their load.
• A strong political system is a must for the RTI regime to flourish.
• The Indian information law, rated as one of the strongest in the world, needs to be bolstered by raising awareness amongst the people and organising rigorous training of government officials.
• A code of conduct must be evolved for the central and state information commissioners.
• It is imperative for the commissioners to keep a strict distance from government heads and officialdom.
• It is now up to the public, civil society, media, courts, and finally the commissioners themselves to shore up the sagging morale of the RTI set-up.
• It is imperative to ensure freedom of the press and democratic institutions, punish errant officials, and maintain complete autonomy of the information commissions, in the interest of the people and the nation at large.

Conclusion:

While the Right to Information Act, 2005, has been a milestone in promoting transparency, its effectiveness is under threat due to legislative amendments, bureaucratic challenges, and issues with online portals. To ensure its continued success in empowering citizens and holding public officials accountable, addressing these concerns and enhancing the Act's implementation is crucial.

Source- The Hindu