CHAPTER 6,7 RTI FOR FSL

CHAPTER 6
Position of RTI implementation in AP:

Tirupati: state Information Commissioner R. Dileep Reddy has expressed his displeasure over the lack of proper response from the various government departments in enforcing the Right to Information (RTI) act. During his surprise visit to a dozen departments in the town on Tuesday, he could hardly conceal his dismay over the `indifferent attitude’ of the departments even in displaying related circulars on notice boards of their respective office. At one stage he reportedly warned the officials concerned that they could be fined up to rs.25,000 each for not displaying the circulars duly highlighting the 17 items on which public could seek Information from them under the RTI. According to officials who accompanied the Commissioner , the latter was particularly unhappy with the commercial taxes office, office of the executive engineer (roads and buildings) and the e.e (irrigation).

Visakhapatnam: Jana Chaitanya Vedika on Sunday organised an elocution and essay writing competition on the role of Right to Information (RTI) act, 2005.

Vijayawada: the centre has taken up a pilot project in 24 districts across 12 states for effective implementation of the Right to Information act (RTI) by 2008, according to state Information Commissioner K. Sudhakar Rao. During his visit to several government offices in the city to examine the implementation of the act, Mr. Rao said that the centre and the United Nations Development Programme had selected Hyderabad-based Centre For Good Governance and pune-based Yashwanth Rao Chavan Academy Of Development Administration as implementing agencies for the pilot project.

R2i.net portal launch

Training would be given to officials at the state and district level, representatives of civil society organisations and media persons to make them resource persons for better enforcement of the act. Besides, a portal called would be hosted, in addition to holding workshops and publishing booklets. Mr. Rao said both the centre and the state government were keen on implementing the act in its true spirit. The state Information commission had received 840 appeals so far, out of which 600 had been disposed of. He wanted the officials to try giving the Information sought before the stipulated time frame. If the Information sought was not immediately available, whatever was ready should be provided and the remaining be given later.

Mr. Rao visited the Vijayawada municipal corporation (VMC) and expressed satisfaction over the manner in which the act was being implemented in the civic body. He suggested that the VMC’S website be linked to the district portal. In response to a point made by town planning officials that people were seeking building plans and layouts, Mr. Rao suggested that they be displayed at the public libraries and other offices. The Commissioner also visited the offices of VGTM-UDA, divisional forest officer, superintending engineer of irrigation, executive engineer of irrigation and deputy transport Commissioner . Mr. Rao made no secret of his displeasure over the implementation of the act when he paid a surprise visit on the office of deputy education officer. He wanted the manuals to be prepared in 15 days.

Hyderabad: private institutions that are “substantially-funded” by the government and those governed by Indian laws are also liable to be covered under the Right to Information (RTI) act, according to chief Information Commissioner , Government of India, wajahat habibullah. Inaugurating a workshop on `Right to Information ’ organised by the academic staff college of the university of Hyderabad on Monday, he described the RTI act as one of the most radical pieces of legislation even if comparisons were drawn with matured democracies. He said that the implementation of the act depended upon whether people wanted good governance and were ready to participate in the process of governance. At the same time, the RTI should not be an instrument of humiliating the government. Mr. Habibullah said enormous amount of awareness was needed across the country on the act and how to use it, as very few people made use of its provisions. He said the official secrets act had always been undemocratic and draconian and the RTI act would rectify these shortcomings. Answering a question from the audience about reports of dilution of the RTI provisions, he said that the commission was only concerned with what the parliament had passed. State chief Information Commissioner C.D. Arha said it was important for government employees not to view the RTI act as an adverse legislation that would affect their interests or functioning. “the act is pro-development”, he added.

Tirupati: the top brass of Sri Venkateswara University is in a fix over providing Information to an employee, who is presently under suspension. the vacillation on the issue has landed registrar N. Prabhakar Rao in trouble as the Information Commissioner has issued summons asking him to appear before the commission on July 28. The authorities would have had the last word under normal circumstances, but university engineer Ravi Shankar, who is presently under suspension, sought vital Information under Right to Information act. The details pertained mostly to the alleged irregularities in his very department. When the university did not act, he moved the appellate authority, who is the vice-chancellor himself. When there was still no action, he moved the Information Commissioner , who ultimately issued summons.


Karimnagar: state Information Commissioner s R Dileep Reddy and A Subba Rao had said that they will conduct review meetings in selected revenue divisions in the next three to four months about the implementation of Right to Information act.

Addressing a press conference here on Wednesday, the Information Commissioner s have said that they had already reviewed the implementation of Right to Information act in all the 23 districts and observed that there was awareness among the urban public about the act. Stressing on the need to spread the message of the act to grassroot level, they said that they will play a proactive role for the implementation of the Right to Information act.

The commission was taking all necessary steps to compile petitions received from the people and submit an annual report to the state assembly by November this year. The commission was constituted in the month of November, 2005 but the Right to Information act has been implemented in the state from October 12 onwards.

The Commissioner s urged the people to pressurize officials to extract the necessary Information required under the act. If the officials failed to provide information, the people could approach the commission for redressal of grievance. Earlier, at a review meeting with the district officials they had instructed the authorities to prepare manuals, in telugu also, under the Right to Information act by august 15. .

According to chief Information Commissioner Cd Arha, “the implementation of RTI in some offices is extremely satisfactory,” but not so in others. The RTI act is now being implemented across the state and all administrative offices have designated public Information officers, as mandated in the act. While the act came into force in September 2005, the government was able to provide the required machinery, including the appellate state commission, only by November 2005. The government has also enacted legislation making it mandatory for the administration to provide Information online.

The real transformation has to come from officialdom, by accepting the need for a paradigm shift in their working. Interestingly, a large chunk of the applications (about 80%) received are from within the establishment, seeking to know about promotion files, allotment of office quarters and sundry other personal issues among officials. “this is my greatest concern,” says Arha. Though the applications are legitimate and they have a right to this information, the RTI act has to be extensively used by the general public, he felt.

On the other hand, Jayaprakash Narayan, national coordinator, Lok Satta, which initiated an extensive campaign—including TV capsules, radio spots and other communication channels — to bring awareness and educate the public about the RTI before it become an act, says he is distressed at the lack of proper implementation. According to him, while the act clearly says that almost 95% of the Information should be in the public domain and some others on demand, it is not happening in the state. “pro-active Information disclosure is not happening.”

According to an official, another type of Information being sought by some members of the public is on land records, especially in the wake of a sudden jump in land prices all over. But the departments concerned are in a fix, being unable to furnish Information within the stipulated 30 days, as records are scattered in different locations and are also in bad physical condition.

Narayan says it should now be the efforts of the government and not that of civil society groups, to implement the RTI act in spirit. He rues that at the moment it is legal-centric rather than citizen-centric. Also, people do not know where many of the departments are. So, there is an urgent need for a ‘single window’ where citizens can approach for processing the requests. The government also needs to make a uniform format and also communicate it to the public extensively through the media, which should do it as a

Narasaraopet: state Information Commissioner dilip reddy has expressed dissatisfaction over the implementation of the Right to Information act in government offices at chilakaluripet and narasaraopet towns. However, he made an exception to the municipal offices. Dilip reddy, who was on a visit to the town on Saturday, went round different government offices in narasaraopet and chilakaluripet and reviewed implementation of the act. While he was making surprise checks in the town, the Commissioner had irksome experience at DSP office. Met by DSP B H Pridhvinarayana, dilip reddy posed some questions about the manual, which denotes officers’ duties and responsibilities, and also provisions of section 4/b of the act, the former cut a sorry face. However, DSP conveyed his regrets and assured to study the act thoroughly. Dilip reddy instructed all officials to display basic provisions of the act in Telugu in their respective offices.



Chapter 7
International background and basis
For Right to Information

1. Introduction : Abraham Lincoln on government by consent, 1854
‘no man is good enough to govern another man without that other’s consent.’
2. International scenario : 240 years ago, Sweden passed the first freedom of Information law in the law world, principally sponsored by a Finnish clergyman Ander Chydenius, who had been inspired by the humanist Confucian philosophy wherein the Chinese emperors were expected to admit their own imperfection as a proof for their love of the truth and in fear of ignorance and darkness.”

3. Chronology of freedom of Information laws:
 Sweden 1766
 Colombia 1888
 Finland 1951
 U.s.a. 1966
 Denmark, Norway 1970
 France 1978
 Australia, new Zealand 1982
 Canada 1983

So far, 68 countries have passed FOI laws including India which did so in 2005. It was preceded by similar act for Delhi in 2001 and the one for Maharashtra. There was a huge mass movement for the same in Rajasthan and in Maharashtra.

international right – to know day is celebrated on September 28th of each year

8. The following international conventions contain the universal basis for freedom of Information being treated as a fundamental right of the free men in any democracy:

united nations general assembly, in its session in 1946, adopted resolution 59(i), which states: “freedom of Information is a fundamental human right and … the touchstone of all the freedoms to which the un is consecrated”.

9. Article 19 of the ‘universal declaration of human right’, a united nations general assembly resolution 217 (iii)a of 1948 which recognises freedom of expression including freedom of Information and free press – a fundamental human right. Freedom of expression includes the right to seek, receive and impart Information and right to access Information held by public authorities.
10. Article 19(2) of the ‘international covenant on civil and political rights’ (ICCPR), a united nations general assembly resolution 2200a (xxi) of 1966 states: “every shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart Information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.”
11. Article 10 of the U.N. convention against corruption 2005 states: “…to combat corruption, each (member state) shall, in accordance with the fundamental principles of its domestic law, take such measures as may be necessary to enhance transparency in its public administration
12. The world conference on human rights, held in Vienna in 1993 has declared that the right to development adopted by United Nations general assembly 1986 is a universal and inalienable right and an integral part of fundamental human rights. Right to freedom of expression is regarded as closely linked to the right to development.
13. The following are the benefits of the act
 There are long-term benefits:
 In the political sphere,
 In the economic sphere,
 In the sphere of public administration,

14. Individual requests as “vexatious”
 The applicant makes clear his or her intention
 The authority has independent knowledge of the intention of the applicant
 The request clearly does not have any serious purpose or value
 The effect of redaction would be a render Information worthless
 The request is for Information which is clearly exempt
 The request can fairly be characterized as obsessive or manifestly unreasonable

11. Controversy about notings:
sec. 2(i) “record” includes “file”
file consists of a “note” portion and a “correspondence” portion.

 “Note portion consists of chain of ‘notes and orders’ relating to papers under consideration.
 “Correspondence” portion consists of papers under consideration serially filed.
 In all government offices, any issue which comes up for a decision starts with a file on the subject. This file has two parts: on the left, you have the note-sheets on which officers dealing with the issue at various levels record their opinions. On the right, you have correspondence and other papers relating to the subject. Very often, the notings on the left refer to papers on the right, which would be termed as P.U.C. (paper under consideration) . Let us suppose a flyover was to be built in a certain area. A file would be created on the subject. The officer concerned would put up the proposal which would pass through different levels till it received the final approval, say, the minister of the department concerned. Finally, the tender would be floated, the quotations received, evaluated and the proposal put up for awarding the contract. The amount of the contract together with the party (in this case, the contractor) would have to be finalised. This would be the stage when pressures would be exercised, kickbacks determined, bribes taken. Notings on the file would reflect all these. If those at the helm of affairs want to award the contract to a certain party, either for monetary considerations or on account of family connections or friendly relationships, they would exercise their influence and ask their subordinates to put up the cost, among other things. The proposal then would again pass through three, four or even more levels of officials. Then, although a number of officials would put down notings influenced by their superiors, there would be one or two officers in the set-up who are upright and would record their opinions on the file to the effect that the decision being taken was wrong and not in the public interest. This officer would then be overruled by his senior (in most cases he would also be reprimanded verbally) and the contract awarded to the party being favoured by the powers that be. Take another example: a poor person applies for a ration card. His application would result in opening of a file. The officials concerned would sit on the file till the poor person greased their palms. With the introduction of the RTI act, one could demand scrutiny of the file which would reveal names of officers delaying the case. With the opening up of the files for public scrutiny, people are getting their ration cards, passports, and electricity connections quickly, without paying bribes. Anything to do with the government process begins and ends with file notings. File notings reveal nuances of an issue: the element of corruption involved, who has exercised what kind of pressure and on whom, which officials have caved in, and who are the honest and upright officials (few indeed nowadays) who have opposed pressure. If the proposed amendments were to go through, we would be thrown back to an age of darkness after experiencing a very short phase of hope. By taking out file notings from public scrutiny, the government obviously wants to put a lid on corruption. The government will be in no position to take credit for introducing openness, transparency and accountability in public life, if it pursues these amendments. In a list of most corrupt countries of the world, our position is quite high. RTI gives us a chance to bring down our ranking in this respect. Let us not throw it away. [the writer is Commissioner , Central Information commission .]

 Uncalled for fear that exposing note portion would inhibit executive-both permanent and political from discharging their functions objectively. Uncalled for because honest persons not being parties to wrong decisions will also come out. If not remains secret, honest officers also will take blame. Requirement of disclosure would infuse objectively in discharge of functions. Note provides an Information trail that connects the decision to its cause its disclosure is a must to fix accountability.
 In satyapal v. Tcil (icob/a1/2006), the Central Information commission has held that “no file would be complete without note sheets having file notings. …. A citizen has the right of access to a file of which the file notings are an integral part.”
 The Right to Information law will be under some new clauses soon. The cabinet committee has given approval to an amendment in the existing law in 2006. It will restrict the process of file notings under the existing law. Some ‘Right to Information ’ activists express fear that this new nod will cripple the RTI.
 According to O P Kejriwal, member of Central Information commission (CIC), it’ll take the entire life out of the law, that is unfortunate. to know about the file notings is the simple way to detect corruption as it reveals the records of the government’s executive procedure it was said that the bureaucracy always wanted to cover the executive process that has been made uncovered by the Right to Information act since October 2005. The bureaucracy got success when the cabinet chaired by the prime minister permitting access to file notings only on policies, proposals, agenda and projects related to development and social issues.
 As on date the decision on notings is not yet law but only a cabinet decision. Information has been defined in sec 2 (f) of the Right to Information act 2005 and it includes “records” besides other Information listed therein. Sec 2 (i) defines “record” to include any document, manuscript or “file”. When considered to gather, above provisions clearly include file in the definition of “information”. Notings being integral part of “file”, notings can not be excluded. When we talk of a “file” we mean complete file with notings made in the file, which can not be separated. There is a clear provision in the present law that the notings in the file are available to the people. The department of personnel still seems to be flouting the act. On its website it still carries the words “Information does not include file notings”. Legal experts say this line is illegal and that file notings must be made public according to the Right to Information act.

12. Areas of concern
 Appointed of Information Commissioner s-persons with impeccable integrity should be appointed. It is difficult for a bureaucrat who has guarded Information till now to cope up with the new requirement overnight.
 Attitudinal change on the part of all the authorities and personnel in public life convince that it is a freedom for the honest and upright officer to speak.
 Right to inspect work and document coupled with non requirement of disclosure of purpose for seeking Information – may lead to harassment. Effective mechanism to keep out busybodies be worked out.
 Common man will face the problem of sifting the Information voluntarily disclosed. Better if some assistance is provided to him in locating the Information he wants.