Uniform RTI Rules Needed Across India to Protect Transparency Without Encouraging Misuse
Maharashtra’s new RTI rules spark fresh controversy as veteran activist Anna Hazare announces another fast demanding protection of citizens’ Right to Information.
NEWS365 TIMES | SPECIAL OPINION
By Subhash Chandra Agrawal
RTI Consultant | Guinness World Record Holder for Most Letters Published in Newspapers
Anna Hazare has announced yet other fast now against hike in fees by Maharashtra government for filing applications/appeals under Right-To-Information (RTI) Act 2005 and other changes in RTI rules by the state.
Undoubtedly RTI Act is being largely misused as a tool for blackmail, publicity-seeking and yellow journalism depriving genuine information-seekers from getting timely information apart from burdening public-exchequers on handling excessive applications and appeals (both First and Second) filed under RTI Act. But this does not mean that a state-governments or competent authorities may draft their own RTI rules in a manner to kill the very purpose of RTI Act.
Ever since first amendment in RTI Act was done ever since its implementation on 12th October 2005, some NGOs and opposition parties are crying that sunshine Act is diluted! But the amendment made in the year 2019 aimed to change status and tenure of Information Commissioners, in no way affected users of RTI Act. Insertion of section 44(3) in “The Digital Personal Data Protection Act 2023” removing riders to section 8(1)(j) of RTI Act in fact necessary to preserve Parliamentary privilege and remove confusion through the term “public-interest”.
RTI Rules Need Reform—Not the RTI Act
RTI rules (and not the RTI Act) need important modifications mainly to prevent misuse of the Act and minimising challenge to CIC verdicts in courts. Notification should be to declare all public-private-partnerships, sports-bodies, cooperative-societies and other such bodies, public-authorities under RTI Act. Land and Building Departments of central and state governments should study all cases of allotment of land or government-accommodations at subsidised rates or lease, and declare all these as public-authorities under RTI Act. For future, land or government-accommodations should be provided at subsidised rates on pre-condition of beneficiaries accepting to be under purview of RTI Act.
Constitutional Offices Should Not Function as ‘Post Offices’
Offices like those of President, Prime Minister, Governor, Lt Governor and Chief Minister must not act like “Post Offices” by transferring RTI applications under section 6(3) of RTI Act to concerned departments. These offices should entertain RTI applications pertaining to their respective offices only, and returning rest others to RTI applicants advising applicants to file RTI applications directly to concerned departments.
Bring Private Sector Banks Under RTI
Considering vast participation of public-money in private sector banks, all private sector banks must be under purview of RTI Act. Already all employees up-to highest post of CMD are public servants according to Banking Regulation Act. Reserve Bank of India (RBI) had to impose restrictions on withdrawal of money for some time on a prominent private sector bank. Former CMD of another prominent private sector Bank is under arrest for serious charges of misappropriation of public-money in the Bank. Inspection Reports of private banks revealed under RTI Act by RBI reveal gross misuse of public money by top management. Another private sector bank is in notoriety for large number of Non-Performing Assets (NPAs). Heavy fluctuation in share-prices of certain private sector banks tend to doubt regarding safety of public money in private sector banks. Deposit Insurance and Credit Guarantee Corporation (RBI subsidiary) has to pay maximum rupees five lakhs from state-funds to each depositor of the bank including those in private sector which collapses due to massive irregularities, which is public-funding to declare private sector banks as “public-authorities” under section 2(h) of RTI Act.
Need for Uniform RTI Fees Across India
Section 27 and 28 of RTI Act give power to Competent Authorities and state-governments to draft their own rules which include fixing of RTI fees. Several Competent Authorities and states misused their power by having RTI fees as high as rupees 500. However Supreme Court in its verdict dated 20.03.2018 imposed a capping of rupees fifty to be maximum RTI fees. RTI-fees should be uniformly rupees 50 inclusive of copying-charges of first twenty copied pages. Making basic RTI-fees at rupees fifty will largely prevent misuse of RTI Act. There must not be any fees for filing First or Second Appeals. Supreme Court once rightly imposed a restriction for highest RTI fees to be rupees 50 while earlier some competent authorities had highly excessive RTI fees of rupees 500 depriving common people from using RTI Act. RTI fees should be uniform at rupees 50 for all governments and competent authorities. RTI fees of rupees 10 fixed more than two decades ago in the year 2005 has lost all relevance when all other government-services like including railway-platforms, affidavits have been increased many-folds. However, reduced word-limit of 150 from earlier 300 and imposing RTI fees for filing First and Second Appeals by Maharashtra Government is not justified.
Modernising RTI Payment and Filing System
Handling cost of a postal-order of value rupees ten costs postal-department about rupees fifty with cost of handling of postal-orders by a public-authority and bank-clearing even extra. Postal Department should issue special RTI-stamps (like earlier stamps for licence-fees of radios and TV sets) in denominations of rupees 2, 10 and 50 which will save crores of rupees annually to public-exchequers in using postal-orders as mode of payment of RTI fees. These RTI stamps should be available at all post-offices and counters of public-authorities and other convenient sale-points.
Post-free RTI-applications addressed to central public-authorities should be accepted at all about 160000 post-offices rather than just about 4500 post offices presently. It is not difficult because every post-office however small it may be, daily sends post-bag to Head Post Office with registered post, cash and unsold revenue-articles. This post-bag can carry post-free RTI-applications received at the post-office.
Mandatory Identity Verification & Digital Reforms
Decision dated 02.11.2012 by Punjab & Haryana High Court in the matter “Fruit and Vegetable Union versus Unknown” (CWP 4787 of 2011) requiring ID proof compulsorily with every RTI application, First Appeal and petitions filed with Information Commissions should be compulsorily adopted throughout the country. Police-enquiry conducted at behest of some Indian missions abroad established that a petitioner approached Central Information Commission with name and address both of which did not exist.
RTI-responses and orders of First Appellate Authorities should be auto-emailed rather than RTI-applicants required to search portals for viewing of RTI-responses and orders by First Appellate Authorities as is the welcome system adopted by Supreme Court registry. Websites designed by National Informatics Centre (NIC) for central public-authorities should be mandatorily for all states. This has become necessary for state like Odisha which has made online filing of RTI-applications a mockery when it is compulsory to download online-filled RTI-application, and then send it by post to concerned department.
Repeal Obsolete State RTI Laws
Delhi High Court in its order dated 08.08.2018 in WPC 8278 of 2018 in the matter “Anil Dutt Sharma versus Government of NCT Delhi and others” mentioned – This Court is of the prima facie view that the Right-To-Information Act, 2005 would now override the Delhi Right To Information Act, 2001. DRTI Act has lost all with implementation of RTI Act 2005. Very few applications are filed under DRTI Act. All such acts legislated by individual states, before RTI Act 2005 came into existence must be repealed.
Concern Over Commercial RTI Workshops
Some organisation named Institute-Of-Public-
About the Author
Subhash Chandra Agrawal is an RTI Consultant and holds the Guinness World Record for the Most Letters Published in Newspapers.
Published by NEWS365 TIMES
“Voice. Governance. Accountability.”
