FRiDAY SPOTLiGHT: People rise to save democracy

DailySouthAsian

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“Today, by organizing protests in Lucknow, Delhi, Varanasi, Gorakhpur, Jaipur and Patna we want to warn the government that they dare not change the Act. The people are going to put up a valiant fight to save their democratic right.

Whenever democracy has been in danger in this country the people have risen and taught a lesson to the rulers who have dared to suppress the people’s rights. Today once again the people have exhibited the courage to take on the corrupt bureaucracy and politicians” – noted social activist and Magsaysay Awardee Dr Sandeep Pandey statement on ending his 7 days long fast against the proposed amendments to RTI Act.

In this week’s Friday Spotlight, read:

1) People rise to save democracy

      (by Campaign to SAVE RTI Act)

2) Text of the letter sent to Shri Suresh Pachauri, Minister of State for Personnel, Government of India

3) News: Amendment will weaken RTI Act (Shillong Times)

4) News: THE THIRD EYE: Of RTI Drive and UP districts

              (Hindustan Times, by Magsaysay Awardee 2002 Dr Sandeep Pandey)

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1) PEOPLE RISE TO SAVE DEMOCRACY

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            The Union Cabinet was proposing to bring about 7 amendments in the Right to Information Act, 2005. This Act for the first time in the history of the country gave its citizens a right to know how decisions are being taken, how policies are being shaped and how money is being spent in the name of the people. This is a useful tool to curb the arbitrary manner in which our bureaucracy and politicians function as well as for making them accountable to the people. A new democractic spirit, courage and enthusiasm had awakened in the people as a result of this Act.

            However, feeling that they were being held accountable for their decisions, the bureaucracy and politicians had moved to make the Act ineffective. The Union Cabinet had proposed seven amendments to the RTI Act, 2005. File notings, Cabinet decisions, information related to process of examinations or selections was going to be excluded from the Act. The identities of officers conducting enquiries, giving recommendations, were not be revealed. In any matter on which decision was under consideration, not just file notings but any kind of information would not be revealed. The basis for transfers and postings of officials were also to be kept secret. And most damaging amendment was to take away the independence of Information Commissions. Information Commission were supposed to enjoy autonomy equal to that of Election Commission. But the proposed amendment said that in matter of any dispute the final decision would be taken by the government.  These proposed amendments made sure that the Act would loose its teeth.

However, people started protesting strongly against the decision to bring about the amendments. A dharna is still going on in Delhi since 7th August, 2006 and Anna Hazare is fasting in Maharashtra since 9th August. Under pressure the government has announced that no amendments would take place in the RTI, 2005 Act.

Today, by organizing protests in Lucknow, Delhi, Varanasi, Gorakhpur, Jaipur and Patna we want to warn the government that they dare not change the Act. The people are going to put up a valiant fight to save their democratic right.

            Whenever democracy has been in danger in this country the people have risen and taught a lesson to the rulers who have dared to suppress the people’s rights. Today once again the people have exhibited the courage to take on the corrupt bureaucracy and politicians.

From: Campaign to save Right to Information Act

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2) Text of the letter sent to Shri Suresh Pachauri, Minister of State for Personnel, Government of India

To:

Shri Suresh Pachauri

Minister of State for Personnel

Government of India

17 August 2006

Dear Shri Pachauri,

      During our meeting yesterday, we requested you to share with us those instances or cases, where Government faced problems in the last 11 months due to disclosure of file notings or any other information under the RTI Act and which prompted these amendments. You informed us that there were none. You categorically said that the RTI had not caused any problems in Government’s functioning. Then what prompted these amendments? According to you, file notings were not supposed to be disclosed under RTI Act as per Government’s understanding and intentions. But the law, as passed by the Parliament was interpreted by Central Information Commission to mean that file notings had to be disclosed. This created confusion. It was to clear this confusion that the Government brought in these amendments. You also said that most of the RTI laws in Indian states and other countries did not allow disclosure of file notings.

      We feel that the RTI law is fairly clear and does not need any clarifications, at least at this stage. It is one of the best RTI laws in the world and should be allowed to evolve. Maybe the Government did not wish to allow file notings when they drafted the law and now the law is being interpreted to include file notings. But if the Government has not faced any problems in the last 11 months, there is no need to amend the Act and take file notings out. In fact, many officers have stated that the disclosure of file notings would actually strengthen the hands of honest officers. There is also no need for any clarifications. We do not agree that disclosure of file notings is completely out of bounds under State laws and in other countries. But in any case, why should we restrict ourselves to the boundaries set by others. If our RTI law has extended the boundaries of transparency and the Government has not faced any problems due to that, let us celebrate that rather than reverse it. Let the rest of the world learn from us.

      Further, the scope of the proposed amendments is far beyond just file notings. The Government had considered all arguments which are being given out in favor of these amendments, when the law was introduced in Parliament last year. If the Government has not faced any problem on any account in their implementation, we fail to understand the reasons for the rethink and need for amendments.

      We have had extensive discussions amongst various groups across the country. Though there is always a scope for improvement, however, we feel that a law should not be tinkered with too often. The RTI Act passed by the Parliament in May 2005 is fairly comprehensive. It should be allowed to function for a few years. Let us gain experience. If need be, all of us could then discuss and think of amendments a few years down the line. But no amendments should be considered without adequate public consultations.

      You assured us that you would take all our arguments to the Prime Minister. We again urge the Government to leave the RTI Act 2005 as it is for a few years. This is a historic legislation and this Government deserves to be congratulated for this. Let some people within the bureaucracy not be allowed to undo the good work of this Government.

      With regards,

Yours sincerely,

Madhu Bhaduri            Prashant Bhushan          Nikhil Dey           Arvind Kejriwal

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3) News: Amendments will weaken RTI Act

    Shillong Times

    August 17, 2006

SHILLONG: The Meghalaya Right to Information Movement (MRIM), in tune with the All India Right to Information Movement, will continue its protest against the proposed move by the UPA government to amend the Right to Information Act. The Left parties are also backing the Movement in their opposition to the amendment.

Addressing a press conference after attending the a protest rally in New Delhi in protest against the RTI amendment move on Thursday, MRIM member, Tarun Bharatiya said though the Cabinet had passed a resolution in favour of RTI amendment, no Bill had yet been tabled in the Parliament in this regard. The protest will continue until September 24.

He also wondered as to why the same government, under which tenure the Act was passed in 2005, was trying to amend the Act. "In the past, an Act passed under any government's term was amended only after a change in power; but in this case, the same government wanted to amend the Act," he said.

The clause mentioning "file notings", which the UPA government wanted to exempt from the Act except in some social development issues, is against the people's interest and it would weaken the Act, he warned. "File notings" are the list of facts based on which any particular decision is made by an office or a department.

"If an RTI mover is denied information on the 'file notings' then he would be in dark about the background of any official decision," Mr Bharatiya said adding that by going through the "file notings" corruption by an official could be unearthed.

Giving an example as what may happen if "file notings" is exempted from the RTI Act, he said in case of the amendment, an examinee applying for a recheck of the copies of either academic or competitive examinations would be denied access to the answer scripts.

Besides, the proposed amendment would dilute the power of the Central and State Information Commission, he said. "Decision of the government will be final to impose fine upon any officer failing to provide information sought by an individual and neither the Central nor the State Information Commission would have any say on the matter," he said.

Alleging that corrupt bureaucrats exposed through use of the Act are behind the proposal for amendment, he said, "Honest bureaucrats, on the other hand, do not want the amendment as they can defend themselves through the 'file notings'".

Mr. Bharatiya also urged the MPs of the region not to support the amendment move.

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4) News: THE THIRD EYE: Of RTI Drive and UP districts

              (Hindustan Times, by Magsaysay Awardee 2002 Dr Sandeep Pandey)

The centre’s move to amend the RTI Act is attracting widespread criticism and protests. But the ‘Don’t pay bribe: use RTI campaign’ has left Magsaysay Awardee and social activist SANDEEP PANDEY with a plethora of experiences. Here, he provides a lowdown on his first hand experience.

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August 06, 2006: On visiting Deoria, Gorakhpur, Moradabad, Faizabad, Mau and Kushinagar between July 1 and 15, (the period when the nationwide campaign ‘Don’t Pay Bribe: Use RTI’ was on) my experience was similar to those acquired during visits to Hardoi, Sitapur, Unnao, Chandauli, Varanasi and Sultanpur.

In these places, people didn’t know who the department’s Public Information Officer (PIO) was. The PIOs also didn’t wish to identify themselves and there was much confusion about how to accept the Rs 10 fee with every RTI application. The officials were trying to find every excuse to turn people away from their offices. People were being made to run from one office to another.

In Deoria, no application had been accepted till July 10. After speaking to CDO, JB Singh, who was officiating as DM, some applications began to be accepted on treasury chalan. The officials of the Education Department, the Basic Shiksha Adhikari, and the District Inspector of Schools (DIOS) were missing from their offices during the entire campaign period as most of the applications pertained to this department.

Gorakhpur was one of the best organized camps. In spite of the DM Dr Hari Om having inaugurated the camp on July 1, except for the Gorakhpur Development Authority and the Gorakhpur Nagar Nigam, no department had accepted fees with applications.

The Police department refused to entertain any RTI application. One PWD employee was able to get his Rs 16,000 pending healthcare expenses by applying under the RTI during this period.

In Moradabad, most people had not even heard of RTI or were confusing it with Lokvani, a computer programme through which people can file their complaints directly to the DM.

The awareness among people about RTI in eastern UP seemed to be better than that in western UP. It took more than two months for an activist to obtain the details about a Community Health Centre in Bilari. The young DM Pandhari Yadav agreed to look into the issue of institutionalizing a mechanism to accept applications under RTI.

Faizabad happened to be the most successful camp as every application prepared was accepted by a clerk stationed at the camp itself. This, of course, would not have been possible without the cooperation of the dynamic DM Amod Kumar, who also happens to be the brain behind the Lokvani innovation. He had initiated Lokvani as the Sitapur District Magistrate.

However Amod Kumar himself wasn’t sure whether the impact would remain when the camp was over on July 15.

In Mau too, not a single application had been accepted before this campaign. District Magistrate P Guru Prasad was still finalizing his list of PIOs in various departments when the activists met him on July 14. Most of the officials were pretending ignorance about the Act.

Kushinagar was the only district, among the 12 visited, where District Development Officer Ravi Kumar was issuing official receipt on Treasury Form no.385 to individual applicants. However, except for him, no other official was entertaining RTI applications.

District Magistrate Shashi Bhushan Lal Sushil was requested to replicate in other departments the system being adopted by his DDO for accepting RTI applications.

In many districts, despite assurances of officials, applicants continued to be turned away by ADM offices. However Unnao, Chandauli, Varanasi, Hardoi, Sitapur and Sultanpur seemed to be doing comparatively better. But applicants in Sultanpur had to pay the Rs 10 fees through challan.

Meanwhile in Lucknow, people who had to file their applications with a PIO, whose office is located inside the Secretariat buildings, had a tough time getting inside these buildings because it required a pass based on the approval of the concerned official before one could enter these buildings. The DGP’s office, which had initially torn 3 RTI applications saying that they were not covered by the law, began to accept applications. Slowly the reality of the law was clearly sinking into the officials.

The achievement of the 15 days’ national campaign seemed to be a heightened awareness among the common people. In at least 14 districts, in which camps were set up in UP, and beginning of some process, in real or pretense, by the district level officials to set into place a system to follow the very important law. The enthusiasm seemed to be infectious with the campaign spreading to other districts. Camps were planned in Azamgarh, Ghazipur, Naugarh and Chandauli.

Jaunpur District Magistrate Anurag Yadav spent 21 continuous days on his bicycle. He traveled for 4 hours a day in each block to raise awareness among people about RTI among other things.

The successes, though few, accomplished during the July 1-15 campaign were enough to keep the momentum among the people. It remains to be seen how long the officials will be able to avoid escaping implementation of the law.

(Source: www.hindustantimes.com)

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