RIGHT TO INFORMATION – A TOOL TO IMPROVE THE GOVERNANCE OF INDIA

Shailesh Gandhi *

Citizen- Empowered by Right To Information

Right To Information is derived from our fundamental right of expression under Article 19. If we do not have information on how our Government and Public Institutions function, we cannot express any informed opinion on it. This has been accepted by various Supreme Court judgments, since 1977. All of us accept that the freedom of the press is an essential element for a democracy to function. It is worthwhile to understand the underlying assumption in this well entrenched belief. Why is the freedom of the media considered as one of the essential features for a democracy? Democracy revolves around the basic idea of Citizens being at the center of governance and a rule of the people. We need to define the importance of the concept of freedom of the press from this fundamental premise. It is obvious that the main reason for a free press is to ensure that Citizens are informed. If this is the main reason for the primacy given to the freedom of the press, it clearly flows from this, that the Citizens Right To Know is paramount. Also, since the Government is run on behalf of the people, they are the rightful owners who have a right to be informed directly.

One of the simple and yet very powerful examples of use of the Right To Information (RTI) I have heard is of a slum dweller who had learnt the use of the Right To Information. When he applied for a new ration card, he was told that he would have to give a bribe of Rs. 2000 to the officials to obtain it. Our friend, -a RTI-empowered Citizen, - smiled, and applied for the ration card without offering any bribes or groveling in front of the officials for pity. Our common Citizen had decided to personally become the enforcer of good governance. He found out that the bribe-givers got their ration cards in about four weeks. He waited for an extra four weeks, and then applied for information under RTI. Using the simple format with an application fee of Rs. 10, he delivered it to the Public Information Officer of the Food and Supply office. He had asked upto which date applications for ration cards had been cleared, and the daily progress report of his application. This shook up the corrupt officials, since the answer would reveal that they had given ration cards to others who had applied after him, which would be conclusive evidence that they had no justification for delaying his card. Happy ending: The Ration card was given to him immediately. Our RTI-empowered Citizen had been able to enforce the majesty of the Citizen by using RTI. This story has been repeated many thousand times in getting a road repaired, getting an electricity connection, admissions in educational institutions and so on.

Right To Information Act 22 of 2005 is a codification of this important right of Citizens. The right existed since the time India became a republic, but was difficult to enforce without going to Court. The Act and its rules define a format for requisitioning information, a time period within which information must be provided-thirty days,- method of giving the information, some charges for applying,-Rs.10,-, and some exemptions of information which will not be given. There is some charge for providing the information,-typically Rs. 2 for an A4 size paper; the principle is that charges should be minimum, - more as a token. They are not at all representative of the costs, which may be incurred. Citizens can ask for information by getting Xerox copies of documents, permissions, policies and decisions. Inspection of files can also be done and samples can be asked for. All administrative offices of public authorities have to appoint ‘Public Information Officers (PIO).’ Citizens apply for information to the Public Information Officer of the concerned office. If it is not provided or wrongly refused, the Citizen can go in appeal to an Appellate Authority who would be an official in the same department, senior to the PIO. If this too does not give a satisfactory result, one can appeal to the State or Central Information Commissioner, which is an independent Constitutional Authority, being established under the Act. If the PIO refuses to take the application, or delays giving the information he is liable to pay a penalty of Rs. 250 per day from his salary. Thus RTI provides for a time bound and defined process for Citizens to access information about all actions taken by Public authorities. The penal provisions on the PIO are the real teeth of the Act, which ensure that the PIO cannot treat Citizen’s demands for information in a cavalier manner.

I have myself used the Right To Information in a variety of ways. In one case, a police inspector had raped a minor and was reinstated in service within five months! Using RTI as a pressure device resulted in the police inspector being dismissed from service. In another instance proof has been obtained about political interference in Police transfers, and I am using this to curb this nefarious practice. Public lands are being given for a pittance in the name of ‘caretaking’; lessees are allowed to continue illegal occupation of Public lands with no legal entitlement. I have partial data on these obtained under Right To Information, where I can calculate an annual loss of a few thousand crores. The primary power of RTI is the fact it empowers individual Citizens to requisition information. Hence without necessarily forming pressure groups or associations, it puts power directly into the hands of the foundation of democracy- the Citizen. Information obtained by me using RTI shows undisputable proof of a loss of public money of over a thousand crores in Mumbai by allowing the rich to continue to occupy Public lands where they have no legal rights.

Members of the Chartered Accountancy profession could use the Act with devastating effect to enforce good governance in various Government departments. A simple case would be to ask under RTI about the process and time for giving refunds. Various anomalies in the operation of the tax laws, the arbitrary manner of implementing policies would all provide great opportunities for obtaining information and ensuring corrective actions. Their inherent ability to understand and unravel the complexity of law and figures will make them the best protectors of law and sentinels against corrupt practices. Both the central and state governments have a rule that stipulates that public servants should submit an annual declaration in which details of moveable and immovable properties are provided. In a landmark RTI case in Karnataka, the Information commission has ruled that these have to be given to applicants under Right To Information. This can become a very powerful tool to expose disproportionate assets and sudden spurts in the wealth of Public servants.

Another important aspect is that in India we have not given respect and prominence to the rights of the individual Citizen. True democracy is impossible until we recognize the majesty of the individual Citizen. If individual Citizens are empowered to ensure greater accountability and transparency in governance, it can bring about a major change. There has been no vehicle available for individual citizens to impact the governance structure. In a system reeking with corruption and becoming increasingly insensitive to the problems of the disadvantaged Citizenry, the Right To Information has shown promise of empowering Citizens to get accountability and act as an enforcer of good governance. The Right to Information is available to every Citizen, and can be used by individual Citizens from their own houses. It is also fairly inexpensive to use; it does not require getting together in groups. Since Citizens operate as individuals, they do not have to make the compromises required in maintaining the groups. Citizens, without any organisation, reinforce the principle of the Individual Citizen being at the centre of Democracy. Whenever, there are major issues which expose lack of governance in terms of proper public policy, or corruption, Citizens will come together on a particular issue. The strength of this Common good will build a stronger and more ethical Civil Society.

As we ask for details of illegal Acts, and also about the basis and laws based on which actions are taken, we will be able to transform ourselves into a truly participative democracy, which works for the Citizens. We as individuals have the power and the responsibility of bringing Good governance by using and spreading the use of Right To Information. Going beyond stopping corruption and getting the Citizens their rightful due, Right To Information also lends itself to being used by Citizens to address issues of Governance and a rational basis for public policy. Indian Citizens have an opportunity to realise ‘Swaraj’ – true and enlightened self-governance, which they missed in 1947. The responsibility of ensuring that the RTI Act will deliver its potential rests with us. We need to build an awareness to seize this opportunity through a sustained campaign- a National Campaign for People’s Right to Information. If we can get a million regular users of the Right To Information across the nation, we can bring about a major positive change in the governance of India.