<p>As India’s Right to Information (RTI) law completes 20 years, it has lost much of its potency and is facing an existential challenge. Hailed as a unique legislative measure that empowered citizens and sought to make governance transparent, the law has been rendered powerless through amendments by the government, efforts to stall its functioning, and a refusal to provide it with the necessary infrastructure and resources. </p><p>A progressive, transformative legislation such as the RTI law, which aligned with the country’s democratic system and the best principles of governance, should have been a cause for celebration on its 20th anniversary. Instead, it now presents an occasion to examine its failures and an uncertain future.</p>.<p>The picture is grim – the Central Information Commission is without a head, and has only two commissioners where there should be 11. Over four lakh cases are pending across the country. Six information commissions became defunct at the state level in the last year. Applicants continue to be denied responses to queries made under the law. Deadlines prescribed for the responses are not adhered to, and those who violate them are not penalised. There have been multiple cases involving officials getting away with incorrect responses. </p><p>Citizens who seek information under the law continue to be attacked; scores of activists have been killed. A nexus formed among the officials, politicians, and vested interests has grown in strength, hindering the functioning of the law. These forces have also enjoyed the backing of governments that see the obstruction of information in their interest.</p>.<p>The Supreme Court’s directions towards corrective action have not yielded results. It has criticised the delay in official appointments and told the government to initiate timely action on the matter. But the situation remains unchanged. In 2019, the government assumed the powers to decide the salaries and service conditions of the Information Commissioners, making them virtually subordinate to the dispensation. When the Commission is stripped of powers to act independently, it stops serving the purpose it was created for. The Digital Personal Data Protection Act 2023 comes with provisions that curb the right to know under the RTI law, in the name of the right to privacy. </p><p>The RTI was envisioned to deepen democracy by holding governments accountable for their actions. The shrinking and progressive neutralisation of this law is part of a larger pattern, where democratic institutions and the foundational ideas of transparency and openness in governance are being systematically undermined.</p>
<p>As India’s Right to Information (RTI) law completes 20 years, it has lost much of its potency and is facing an existential challenge. Hailed as a unique legislative measure that empowered citizens and sought to make governance transparent, the law has been rendered powerless through amendments by the government, efforts to stall its functioning, and a refusal to provide it with the necessary infrastructure and resources. </p><p>A progressive, transformative legislation such as the RTI law, which aligned with the country’s democratic system and the best principles of governance, should have been a cause for celebration on its 20th anniversary. Instead, it now presents an occasion to examine its failures and an uncertain future.</p>.<p>The picture is grim – the Central Information Commission is without a head, and has only two commissioners where there should be 11. Over four lakh cases are pending across the country. Six information commissions became defunct at the state level in the last year. Applicants continue to be denied responses to queries made under the law. Deadlines prescribed for the responses are not adhered to, and those who violate them are not penalised. There have been multiple cases involving officials getting away with incorrect responses. </p><p>Citizens who seek information under the law continue to be attacked; scores of activists have been killed. A nexus formed among the officials, politicians, and vested interests has grown in strength, hindering the functioning of the law. These forces have also enjoyed the backing of governments that see the obstruction of information in their interest.</p>.<p>The Supreme Court’s directions towards corrective action have not yielded results. It has criticised the delay in official appointments and told the government to initiate timely action on the matter. But the situation remains unchanged. In 2019, the government assumed the powers to decide the salaries and service conditions of the Information Commissioners, making them virtually subordinate to the dispensation. When the Commission is stripped of powers to act independently, it stops serving the purpose it was created for. The Digital Personal Data Protection Act 2023 comes with provisions that curb the right to know under the RTI law, in the name of the right to privacy. </p><p>The RTI was envisioned to deepen democracy by holding governments accountable for their actions. The shrinking and progressive neutralisation of this law is part of a larger pattern, where democratic institutions and the foundational ideas of transparency and openness in governance are being systematically undermined.</p>
