Jump to content

Report Card on the Performance of Information Commissions in India

According to a “Report Card on the Performance of Information Commissions in India” prepared by Satark Nagrik Sangathan (SNS) and Centre for Equity Studies (CES), transparency is a key to promoting peoples’ trust in public institutions. The assessment found that several ICs were non-functional or were functioning at reduced capacity, despite large backlogs, as the posts of commissioners, including that of the chief information commissioner (CIC), were vacant during the period under review. In many cases, the appointments of information commissioners were found to be set aside by courts due to lack of transparency in the process of appointment and for being in violation of the provisions of the RTI Act and directions of the Supreme Court.
In addition, the Report, says, “By failing to disclose information on their functioning, ICs continue to evade real accountability to the people of the country whom they are supposed to serve. The legal requirement for the central and state information commissions to submit annual reports every year to Parliament and state legislatures respectively, is to make, among other things, their activities transparent and available for public scrutiny. However, very few ICs fulfil this obligation, and even fewer do it in time”. 
As part of the assessment, and in order to access information about the functioning of information commissions, both SNS and CES filed RTI applications with the 28 state information commissions (SIC) and the Central Information Commission (CIC). A total of 169 RTI applications were filed seeking identical information from all the 29 information commissions. The RTI applications were tracked to assess how each information commission performed as a public authority, in terms of maintaining and disclosing information. Three information commissions from Madhya Pradesh, Andhra Pradesh and Tamil Nadu did not respond to, or even acknowledge, the RTI applications filed within stipulated time.
"Several ICs, like from Bihar, Chhattisgarh, Maharashtra, Rajasthan and Uttar Pradesh rejected requests for information invoking provisions seemingly in violation of the RTI Act. In all these cases, an appeal was filed against the denial of information. However, till the time of publication of this report, the requisite information had not been disclosed," the report says.
Apart from Tamil Nadu, three State Information Commissions (SICs), Odisha, Sikkim and Kerala returned the RTI applications citing procedural deficiencies.
Only 13 out of 29 ICs provided full information in response to the RTI applications filed as part of this assessment. Of the 107 chief information commissioners for whom data was obtained, the overwhelming majority (84%) were retired government servants including 67% retired Indian Administrative Service (IAS) officers and another 17% from other services. Of the remainder, 10% had a background in law (5% former judges and 5% lawyers or judicial officers).
Read more...

Resistance from banks in revealing Loan details to corporate entities

The RTI query, sent to the Ministry of Finance, sought details on individual exposure of various PSBs to corporate borrowers. The questions that were asked in the RTI query sought information on the loans given to the Reliance Industries, Adani Group, GVK Group, GMR and Jaypee Group. The RTI was first directed to the Finance Ministry, which then forwarded the RTI request to various banks asking them to provide the information. The RTI had questions on the money loaned to big industrial houses by government-run banks. However, all public sector banks except Andhra Bank and Allahabad Bank have refused to divulge information citing either the 'personal nature' of questions or how they don't fit under the provisions of the RTI Act. 
In their reply to the RTI query, the banks have said that the information available with banks under "fiduciary relationship" is exempted from disclosure.
Read about: Fiduciary Relationship under RTI
While Andhra Bank and Allahabad Bank have disclosed the loans given to big corporates, all other lenders refused to do so. Banks which did not disclose any detail in their reply to the RTI query include State Bank of India (SBI), Bank of Maharashtra, Corporation Bank, Indian Bank, Canara Bank, UCO Bank, Indian Overseas Bank, Central Bank of India, Bank of India and Syndicate Bank. Earlier this month, Finance Minister Arun Jaitley informed the Rajya Sabha that loans worth Rs 81,683 crore were written-off by public sector banks (PSBs) in 2016-17.
Country's largest public sector lender, the SBI, said, "The information sought by you under point number three to eight is the third party personal information held by the bank in a fiduciary capacity, the disclosure of which is not warranted for any larger public interest and as such is exempted from disclosure."
Read more...

Upper limit of Rs 50 imposed on RTI Fee by Supreme Court

The Supreme Court fixed on Tuesday an upper limit of Rs 50 as application fee that government authorities can charge those seeking information under the right to information (RTI) act, the country’s transparency law.
Also, a bench of justices AK Goel and UU Lalit said public authorities cannot ask for more than Rs 5 for each page as photocopying charge, and an applicant need not mention the “motive” while filling out the application form.
The order came on petitions challenging high fees set by different public bodies, including high courts and state assemblies.
The decision can be downloaded from here:
 
Read more...

43 years for RTI case finalisation in West Bengal- study

A biennial study conducted by Satark Nagrik Sangathan and Centre for Equity Studies has revealed a grim picture of RTI Act implementation with waiting time at information commissions running in years and commissions in several states becoming non-functional owing to unfilled vacancies. The study has found that if an RTI appeal were to be filed in West Bengal state information commission on November 1, 2017, it would be disposed of in 2060 – after 43 years. In Kerala, it would take six years six months and Odisha 5 years 3 months. The main reason for such a long waiting time is the reduced number of information commissioners that commissions are working with. 
The report has brought out, what it calls a “concerning trend”. The information commissions, which are the last resort for the common man to complain against wrongful denial of information, are increasingly returning cases. The highest number of cases have been returned by CIC, followed by Gujarat, Assam and Uttarakhand.
Read more...
sidmis

Power of RTI: girl gets back valuables from groom

Recommended Posts

sidmis

Power of RTI: girl gets back valuables from groom

 

As Reported in Calcutta News.Net Friday 20th June, 2008 (IANS)

 

Rashi (name changed) knew nothing about the Right to Information (RTI) Act until the 23-year-old daughter of a retired bus driver used it to get back her valuables from her estranged fiancee's family.

 

The resident of Kalyanpuri area in east Delhi had got engaged to a man in January 2008. The groom's side took cash, jewellery and household items from Rashi's family and forced them to throw a lavish party on the occasion.

 

Rashi's father spared no expenses even though he has three other children to bring up on his modest savings as a retired bus driver.

 

However, the groom's family refused to announce the marriage date, saying they first wanted a car, and kept the matter hanging for a couple of months. The distressed girl's family, unable to fulfil the dowry demands of the groom's side, approached an NGO to help them get the money and household items back. Only then did they come to know about RTI.

 

'RTI has cut many inflated egos to size. At the behest of the groom's family, Rashi's father threw a lavish party in a community hall with over 200 guests. The groom's family also took Rs.51,000 in cash, jewellery and other household items,' social activist Amita Joshi, who was approached by Rashi's family, told IANS.

 

Counselled by the NGO, Rashi's family decided against the marriage and also wanted the money and valuables back from the groom, who is a daily wager with a civic agency in the capital.

 

'On March 18, they filed a complaint with the women's cell at Nanakpura, which asked them to file the same with the women's cell in Krishna Nagar,' Joshi said.

 

However, police did not take any action. About 15 days later, the girl's family decided to file an RTI application in the matter, asking Delhi Police for the daily progress report in their complaint.

 

'The power of RTI can be gauged from the fact that after filling the application April 1, we received a call from the women's cell at Krishna Nagar on April 3. We had only asked about the action taken by police on our complaint,' Rashi told IANS.

 

The RTI Act was passed by the central government in 2005, empowering the common man to ask the government about all its activities, thus promoting transparency and accountability.

 

'The police called us and the groom's family several times but the latter refused to come,' Rashi said.

 

'Finally, we approached the deputy commissioner of police, east Delhi, who referred our case to the Kalyan Puri police station where the station house officer (SHO) called both the parties and settled the case.

'Within a week, we got our cash, jewellery and household items back,' Rashi said.

 

The girl, who has passed Class 12, has now decided to start life afresh and is applying for a constable's post with Delhi Police.

 

Power of RTI: girl gets back valuables from groom

Share this post


Link to post
Share on other sites

  • Similar Content

    • Shrawan
      By Shrawan
      CENTRAL INFORMATION COMMISSION




      Appeal No.ICPB/A-1/CIC/2006


      Right to Information Act – Sections 6/18

      Name of Appellant : Satyapal
      Name of Public Authority : CPIO, TCIL

      DECISION


      Decisions appealed against :
       
       
      The CPIO, TCIL has declined to supply a copy of a document on the ground that the same forms part of “file Noting” which, according to CPIO is exempt under the RTI Act. Appellate authority also has confirmed the decision of the CPIO. The appellant contents that he has the right to seek information contained in the “File Notings”.
      Facts
      Shri Satyapal – appellant, a resident of Delhi, applied to the CPIO, TCIL seeking for copies of certain documents by a letter dated 17th October, 2005. By a letter dated 14th November, 2005, CPIO, TCIL furnished copies of certain documents, however, stating that a particular document sought for was a file noting in the Department of Telecom and as such it was exempt from disclosure. By a letter dated 17th Nov. 2005, Shri Satyapal again wrote to the CPIO, TCIL pointing out that the information sought for by him did not fall within the ambit of Section 8 of the RTI Act and as such the same should be supplied. He also brought to the notice of CPIO, TCIL that in respect of information already furnished, a copy of a bill in respect of advertisement relating to independence day 1996 had not been supplied. By a letter dated 28th Nov. 2005, the CPIO, TCIL while furnishing a copy of the bill, once again reiterated that file notings are exempt from disclosure in terms of the clarification given by the Department of Personnel in their website. Aggrieved by this decision, Shri Satyapaul preferred an appeal to the appellate authority by a letter dated 14th Dec. 2005 stating that file notings are not exempt from disclosure in terms of Section 8 of the RTI Act. He followed up the same by letters dated 14th Dec., 31st Dec. 2005 and 5th January, 2006. The appellate authority by a letter dated 5.1.2006 rejected the appeal stating “The information sought by you pertains to the file notings of the Department of Telecommunication as also that of TCIL. I am of the view that TCIL is exempted from disclosing the information sought by you under Section 8(1)(d)&(e) of the RTI Act. UO No.7-17/95-PP dated 4.10.1995 is a part of file notings. You have mentioned in your appeal that the information has been denied misconstruing it as “file notings” by CPIO, TCIL. I confirm that these are notings in the file”. Aggrieved with the decision of the appellate authority, Shri Satyapal has filed this appeal before this Commission. According to Shri Satyapal, there is no specific exemption from disclosure as far as file notings are concerned in Section 8 of RTI Act.
      Commission’s Decision :
      It is seen that while the CPIO declined to furnish the information sought for on the ground that file notings are exempt from disclosure, the appellate authority, without confirming or rejecting the stand of CPIO that file notings are exempt from disclosure, has relied on Section 8(1)(d) and (e) of the RTI Act to deny the information.
      As is evident from the Preamble to the RTI Act, the Act has been enacted to vest with the citizens, the right of access to information under the control of public authorities in order to promote transparency and accountability in the working of any public authority. Conscious of the fact that access to certain information may not be in the public interest, the Act also provides certain exemptions from disclosure. Whether file notings fall within the exempted class is the issue for consideration.
      Section 2(f) defines information as “Any material in any form, including records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law or the time being in force”.
      Section 2(j) reads : “Right to information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of document or records; (iii) …… (iv) …. “. In terms of Section 2(i) “Record” includes (a) any documents, manuscript and file;
      In the system of functioning of public authorities, a file is opened for every subject/matter dealt with by the public authority. While the main file would contain all the materials connected with the subject/matter, generally, each file also has what is known as note sheets, separate from but attached with the main file. Most of the discussions on the subject/matter are recorded in the note sheets and decisions are mostly based on the recording in the note sheets and even the decisions are recorded on the note sheets. These recordings are generally known as “file notings”. Therefore, no file would be complete without note sheets having “file notings”. In other words, note sheets containing “file notings” are an integral part of a file. Some times, notings are made on the main file also, which obviously would be a part of the file itself. In terms of Section 2(i), a record includes a file and in terms of Section 2(j) right to information extends to accessibility to a record. Thus, a combined reading of Sections 2(f), (i)&(j) would indicate that a citizen has the right of access to a file of which the file notings are an integral part. If the legislature had intended that “file notings” are to be exempted from disclosure, while defining a “record” or “file” it could have specifically provided so. Therefore, we are of the firm view, that, in terms of the existing provisions of the RTI Act, a citizen has the right to seek information contained in “file notings” unless the same relates to matters covered under Section 8 of the Act. Thus, the reliance of the CPIO, TCILO on the web site clarification of the Department of Personnel to deny the information on the basis that ‘file notings’ are exempted, is misplaced.
      However, it is seen from the decision of the appellate authority that he was of the view that TCIL was exempted from disclosing the information sought, under Section 8(1)(d)&(e) of RTI Act. In terms of Section 8, there shall be no obligation to give any citizen information relating to matters covered under subsections (a) to (j) of that Section. Section 8(d) exempts information including commercial confidence, trade secrets or intellectual property and Sub section (e) exempts information available to a person in his fiduciary relationship. Even then, at the discretion of the competent authority even these information could be disclosed if he is of the opinion that public interest so warrants. From the decision of the appellate authority of TCIL, which is not a speaking one, it is not clear whether the file notings, a copy of which was denied to the appellant, relate to commercial confidence or trade secret or intellectual property or is available to TCIL in its fiduciary relationship.
      Direction :
      Since we have held that file notings are not, as a matter of law, exempt from disclosure, the CPIO, TCIL is directed to furnish the information contained in the file notings, on or before 15.2.2006 to the appellant. However, if the CPIO, TCIL is still of the opinion that the said file notings are exempt under Section 8(d) & (e), he is at liberty to place the file notings before the Commission on 13.2.2006 at 11 AM to determine whether the same is exempt under these sections and even if so, whether disclosure of the same would be in the public interest or not.
      Let a copy of this decision be sent to CPIO, TCIL and the appellant.


      Sd/-




      (Padma Balasubramanian)




      Information Commissioner




      Sd/-




      (Wajahat Habibullah)



      Chief Information Commissioner


    • avdhesh
      By avdhesh
      News I read from The
      Cronicle Herald.ca about Nosa Scotia Province Freedom of Information implimentation.

      =======================

      Better, but far from perfect

      Province has gotten better, but N.S. charges highest fees for public info
      By DARCE FARDY
       
       
       
      Or as Alasdair Roberts, an expert in Canadian freedom of information legislation, and professor at Syracuse University, puts it: "Politicians and bureaucrats are not going to give up power easily. Given the opportunity they will try to reclaim it."
       
      Outgoing federal information commissioner John Reid was upset by a decision of the new Conservative government to stall on an election promise to introduce a much stronger Access to Information Act. He wonders whether the government’s plans were "simply hijacked by bureaucrats who saw their culture of secrecy threatened for the first time in decades."
       
      I have concluded, after 11 years as Nova Scotia’s independent review officer under the Freedom of Information and Protection of Privacy Act, and after nine months as the president of the Right to Know Coalition of Nova Scotia, that things will not change as long as citizens give no indication they care. The evidence is that they don’t, at least not in significant numbers.
       
      Let me make it clear this is not a partisan issue. Information commissioners across the country do not expect, nor do they see, any improvement in access when a government changes, even when members of the new government, while in opposition, stood four-square in support of access to information legislation and often criticized the party in power for its lack of transparency.
       
      I also want to say that the situation in this province does not match the one faced by the federal information commissioner.
       
      Nova Scotia has one of the best freedom of information acts in the country. It is the only legislation that requires governments and other public bodies to be "fully accountable" to the public; the act covers all government departments and agencies with rare exception; cabinet records are subject to requests and the records are made available to the review officer in their entirety during a review of a government decision; all municipalities, universities, colleges, school boards and hospitals in the province are subject to freedom of information legislation.
       
      Recently a provincial cabinet minister appeared at a public forum to discuss transparency and accountability in government and to face a critical public. Mark Parent, minister of the Environment and Labour, accepted my invitation to join a panel with other politicians. He answered questions, replied to criticism and stayed until the forum was over. I suspect there was no lineup of ministers wanting to appear in his stead.
       
      For some years now, the deputy minister of Justice, whose department is responsible to the legislature for the Freedom of Information Act, has appeared publicly to explain and defend the legislation. To my knowledge, no other minister has done what Mr. Parent did and no senior bureaucrat has followed deputy minister Doug Keefe’s example.
       
      Many of the employees who handle applications under the act for government departments have improved their approach significantly. I said in public recently that some of them are now "advocates of access to information" though I suspect many of them would like more support from their bosses.
       
      A recent audit by the Canadian Newspaper Association placed Nova Scotia fourth among the 10 provinces for its willingness to provide information on selected applications. Nova Scotia scored 89 per cent. Eight out of nine applications to different public bodies were met. The provinces ahead of Nova Scotia scored 100 per cent compliance. In a similar audit last year, Nova Scotia placed last in the country.
       
      Applicants for information from public bodies can now look for support in some 28 Nova Scotia court rulings brought down since the existing legislation was passed in 1995. All but one came down firmly on the side of providing the information or most of the information requested.
       
      So much for the good news. Nova Scotia has the highest freedom of information "user fees" in the country, inhibiting access to information from public bodies. I heard no good explanation for the substantial increase in fees five years ago from $5 for an application and no charge for a request for review by the Review Officer, to $25 for each step.
       
      I did not buy into the reason made public: that it would stop frivolous applications. In my experience frivolous requests were rare, and these fees do stop genuine applications.
       
      Revenue gathered from these fees is negligible. The government estimates that the act costs $1 million a year but this is likely a rough estimate.
       
      However, we can’t expect that this important program, like any other, can be done at no cost. It is money well spent.
       
      Whatever the true cost of administering this act, the government has been slow to give its administrators the resources to allow them to get out among the public to explain to people how and why they should take advantage of their fundamental rights to information from public bodies.
       
      As far as I know no government in Canada has claimed, as Sweden has, that its freedom of information legislation has made government more efficient. Freedom-of-information legislation no doubt has promoted efficiency because public bodies would require proper records-keeping in order to meet their obligations under the act.
       
      The establishment of the Review Office reveals that the government at the time appeared to have no idea what resources would be required. Hence no budget was provided. The government believed that a "part-time" review officer working a few days a month could handle "rare" appeals from the public.
       
      In my first year in the job I received 54 appeals, increasing in significant numbers each year until the fees were increased. Working alone at the time I found myself coming to the office six and sometimes seven days a week.
       
      It took government several years to admit that the job required a full-time review officer and changed the legislation to confirm this. Only then was a budget applied to allow me to hire two staffers.
       
      Nova Scotia’s Review Office had a staff of three before I retired. The freedom of information review office in Manitoba, a province of comparable population, had a staff of 15.
       
      While the budget for the Review Office was increased over the years, this increase was hardly commensurate with the amount of work required by the office and left precious little to allow for public education.
       
      The government’s lack of attention to the Review Office is further reflected in its failure to appoint a new review officer. An acting review officer has been filling in for 10 months.
       
      As far as other public bodies are concerned, many municipalities have not yet embraced their obligation to be open and transparent in their decision making. Some are unfamiliar with the legislation.
       
      Few feel obliged to share their deliberations with the people who put them in office.
       
      Apparently these municipal councils believe they work more efficiently if they don’t involve the public. It no doubt hasn’t occurred to them that citizens might have some good ideas worth considering.
       
      Nova Scotia’s school boards have refused the Atlantic Institute for Market Studies student information that was provided by the other three Atlantic Provinces. The Halifax Regional School Board has warranted public scrutiny several times recently and, one would hope, would be anxious to demonstrate its openness and accountability. School boards’ decisions, after all, have a tremendous impact on children, parents and, probably, grandparents. We need to know more about the reasons behind information supporting the decisions made by these boards.
       
      The committee organizing the Commonwealth Games may be losing public support by its reluctance or inability to provide enough information to assuage the concerns of those who fear the Games are going to lay too heavy a financial burden on the taxpayer. Even though I’m a supporter of the Games, I believe the organizers may have been receiving poor advice.
       
      In too many municipalities, universities, hospitals and school boards, the culture of secrecy still prevails.
       
      Let me return to a point I made earlier: politicians and governments are unlikely to improve the legislation, including reducing user fees, if the public demonstrates no interest. A campaigning politician once told me that not a single constituent he met on hundreds of doorsteps ever mentioned freedom of information, transparency or accountability.
       
      There’s evidence that thousands of Nova Scotians are unaware of their rights under the Freedom of Information Act and few of those who are aware take the time to exercise these rights. Although the annual audit by the Canadian Newspaper Association is welcome to all advocates of "open government," journalists themselves, at least in this province, are not frequent users of the act.
       
      In some cases their editors and producers do not give journalists who are inclined to use it the time to do so. The public deserves better from the media. The rewards for an enterprising reporter can be significant and the results useful to all of us. Reporter Jeffrey Simpson’s recent articles on restaurant inspections in The Chronicle Herald attest to this.
       
      Enter the Right to Know Coalition of Nova Scotia. Our mission as a non-profit agency is to educate the public about their rights to information and to advocate transparency in public bodies. The deplorable voter turnouts in recent elections make it clear that not enough Nova Scotians are engaged in the political process. This can’t be in anyone’s best interest. The coalition believes the Freedom of Information Act is an important avenue to take to create a better informed electorate.
       
      The members of the board of the coalition were encouraged by the turnout and vigorous debate at a recent forum at King’s College. We intend to continue our efforts and expand on them when we acquire the necessary funding.


×

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy