Citizens must fight to keep RTI alive

The Right to Information (RTI) Act had broken new ground in India by reaffirming the value of, and the need for, transparency in government and, by extension, in public life. Ever since the RTI law was enacted in 2005, it has provided a mechanism both at state and central levels which provided information on demand on decisions, activities and policies of governments and empowered the citizen with the right to ask questions and obtain answers. As the law has completed 17 years, a stock-taking would produce a mixed picture, with the bright patches increasingly coming under shadows. While the law and the machinery functioned fairly well in the first few years, they are facing challenges now. These challenges are coming from the governments, and there have been determined and systematic attempts to undermine the law and the idea that it represented.

About 3.15 lakh appeals and complaints are pending in information commission offices across the country. The number of pending cases has increased every year. According to an analysis, in 12 information commissions, there is an estimated waiting period of one year or more to dispose of a matter. Penalties which should be imposed for delay and non-disclosure of information are not imposed in 95 per cent of the cases. This will send a message to government employees that there is no penalty for violation of the law, and that would effectively make it a dead letter. Over 40 of the 165 posts of Chief Information Commissioner and Information Commissioner are vacant. The government has not cared to fill the vacancies in time and the choice of persons for the posts is often questionable. The necessary infrastructure and facilities are not available in many commission offices. The number of support staff is inadequate, and many are untrained. It has been reported that the commission does not even exist in Tripura and Jharkhand now.

Over the years, budgetary allocations for the RTI machinery have come down. The RTI Act has also been diluted, affecting the independence and autonomy of the office. There is a campaign against the RTI system which says that it affects or delays decision-making and that silly, vexatious or motivated enquiries are made. But these are excuses to stall the operation of the RTI law and to deny citizens information. It has been found that only less than 4 per cent of the queries are “silly” or inane. The fact that RTI activists face many difficulties, and even threats, shows the value of the law. The right to know is a basic right of the citizen, but governments are loathe to recognise that right. It is for the citizens to fight for their right.