Amending the RTI Act

Why is the issue?

The government has proposed amendments to the RTI Act that would allow the withdrawal of an application in case of the applicant’s death.

What are its implications?

• The RTI activists are already exposed to violence, all the more so as the Whistle Blowers Protection Act (2011) is not implemented.
• 70 RTI activists have been killed thus far, besides other cases of assault & harassment.
• In most situations, cases aren’t even filed and even when filed action has been paltry. 
• This impunity creates conditions conducive for more violence against the RTI activists.
• Allowing the withdrawal of an application in case of the applicant’s death makes the job of those who file RTIs even more risky.
• It would also send disturbing signals to the defenders of human rights.

What has been the spread of RTI related violence?

• A considerable number of cases are from rural India, a clear sign that the RTI has also been active in the village.
• The richer states that otherwise have a better track record on crime have seen a larger number of RTI related casualties.
• Maharashtra, Gujarat and Karnataka recording the highest number of RTI related crimes.
• This is not surprising since RTI mostly fights against the appropriation of public goods by vested interests, which are comparatively stronger in affluent provinces.
• This prevalence of violence is only proof of the effectiveness of RTI, that makes vested interests and the government nervous.

What issues have been the focus of RTI’s?

• The nature of the RTI activist’s work is revealing of the character of corruption in India today.
• Problems pertaining to land, illegal construction and property disputes are the root cause of most of the cases.
• Then come conflicts due to government schemes – notably MGNREGA.
• The third category that is also well represented is made of illegal mining, including the sand mafia’s activities.

• Media Impact - Even if no action is taken, the media often publicise the cases and give bad publicity to the offenders.
• In fact, some of the most dedicated RTI activists are journalists.
• Also, the reasons why small-town journalists are murdered, assaulted & harassed are similar to the RTI activists.

How has RTI changed the political landscape?

• The RTI activists not only expose corrupt practices and crimes, but also provide alternative leadership at the local level.
• Some of them have become community mobilisers and have been elected sarpanch.
• The RTI Act has indeed empowered young Dalits, Adivasis and members of the minorities.
• NGO leaders have played a vital role in this change by touring villages and educate people on how to file RTIs.

What are the other issues plaguing RTI?

• Pendency - While it had already reached 7.55 lakh annually in 2015, it rose by 22.67% in 2016.
• The number of RTI applications continues to grow & pendency is increasingly becoming a major issue with UP crossing the 48,000 mark.
• The number of applications filed could easily decrease if the frequently asked questions are identified and other structural reforms taken up.
• Also, the job of Information Commissioner has become a post-retirement sinecure for former bureaucrats who do not necessarily feel the urge of idealism, thereby aggrevating the problem.
• Opacity - Some of the government agencies (like the PMO) repeatedly refusing to disclose the required information.
• The Commission does not have enough power for getting responses to its questions and does not have the mechanisms for following up on whether its orders have been complied with.
• Training  - Also, the Information Officers do not necessarily get the right training. This calls for streamlining the process.  
• Universities could include the RTI Act in their train people for making RTIs more proactive.

Source: IndianExpress