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  1. ashakantasharma


    International Journal of Humanities and Social Science Invention ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org Volume 2 Issue 2 ǁ March. 2013ǁ PP.11-22 RIGHT TO INFORMATION ACT: CHALLENGES Since came into force on 15th June, 2005 Right to Information act has been successfully working in most of the Indian states. The act is enacted by the state government of Tamilnadu (1997), Rajasthan (2000), Delhi (2001), Maharashtra (2002), Karnataka (2002), Assam (2002), Madhya Pradesh (2003), and Jammu & Kashmir (2004). Research studies shows that in their operation area the Right to Information act has been facing many severe challenges. These are as follows:- (a) Low level of awareness among people is the major challenge before successful implementation of Right to Information act. People, particularly in remote areas are not concerned with the Right to Information act. The research studies observe that the major sources of awareness are - (1) Mass media like- television channels, newspapers, magazines, journals etc. (2) Word of mouth. The nodal agency specifically the state government has not taken any potential step to promote Right to Information act. (b) Illiteracy and poverty is another major challenge before successful implementation of Right to Information act. Right to Information act has does not have any meaning for a Persons who does not have enough money to live, who is not educated and who does not have freedom. In fact, their first requirement is the right to live (right to eat, right to work and right to shelter) and then Right to Information. (c) Most of the uneducated even educated peoples do not have the proper knowledge about public Information officers, the procedure of paying fees and to get information. (d) Non-availability of user guide is another main challenge before successful RTI act implementation. Absence of user guide creates difficulty on the part of the Information seekers to gather knowledge about the process for submitting a RTI request. (e) Lack of commitment in efficient record management both state and central government instructions posing challenge before successful implementation of RTI act. (f) Due to the lack of efficient record management system, the public Information Officers face difficulty to get accurate and easy access of information from the concerned department, so that it can be provided to information seekers. (g) The non-cooperation from the part of bureaucracy is another major hurdle before RTI act implementation in India. The ―Babu type mentality (colonial mindset) makes them to use information as their own prerogative. Sometimes for their vested interest or to show their superiority, the bureaucrats do not want to disclose the basic information to citizens. (h) Bureaucracy also hides information for fear of criticism and to give a good image of them before public. (i) Lack of effective coordination and cooperation among state information commissioners and the non cooperation of departments with PIO hinder the process of smooth implementation of RTI act. (j) Lack of monitoring and review mechanism also hampers in successful implementation of RTI act in India. (k) The limited use of technology has hindered effective implementation of RTI act. Except in a few states no effective IT system have been establish to monitor and report on the disposal of application by public authorities. (l) The implementation of RTI act is uneven. It is not equally implemented to all the states. Therefore, awareness level also differs from state to state. In states like Arunachal Pradesh, Uttarakhand and Punjab the awareness level about RTI act is high, on the other hand awareness of people in Gujrat, Madhyapradesh, Jharkhand and UP is not high. Moreover different rules for different states especially on fees and costs make the RTI filing ineffective. (m) Generally, it is observed that retired bureaucrats are being appointed for the post of highest level of RTI officials i.e. the information commission at the central and state levels. These commissions are the independent of the government. Activists are of the opinion that these officials often show sympathetic attitude towards their fellow babus. (n) Non-availability of basic infrastructure is another serious hurdle before RTI implementation. The smooth implementation of RTI act requires the Public Information Officers (PIO) to provide information to the applicant through photocopies, soft copies etc. Though these facilities are easily accessible at districts level, but it is a challenge to get information form the block/Panchayat level. PIO claims that lack of infrastructure blockade RTI implementation at block level. Recommendations/Suggestions for effective implementation of RTI act- (a) As stated above due to ignorance, most of people have not heard about RTI act. To tackle this issue government should allocate huge fund for publicity budget of RTI act. However, this fund should be spent through central Information commission. (b) Publicity is very essential for RTI implementation. NGO‘s and civil society groups can take initiative to make massive awareness campaign to educate citizen about RTI act. This awareness programme may be at national, state and block level. Before making awareness programmes, the NGO‘s and CSC groups must identify the target i.e. vulnerable categories of citizens specifically- women, farmers and families, middle and working class. In this regard media and newspaper can play an effective role. (c) Children are considered resources for the future health of a nation. Therefore, RTI act should be added in the school syllabus to arouse curiosity of children about RTI at the grass-root level. (d) As the nodal administrative authority at the district level, every deputy commissioner and district collectors must be given responsibility of monitoring and implementation of RTI act by various departmental authorities within the respective district. (e) State Administrative Training institute can organize appropriate training intervention for the stakeholders. (f) There should be efficient and scientific record keeping agency so that applicants can get accurate information. Without modernizing and digitizing management of information and record providing information would take several days often exceeding the legal deadlines. (g) Government departments should be entrusted responsibility to make the implementation of RTI easy for applicants seeking information rather than tough procedures. (h) Inculcation of political will is necessary for judicious working of RTI act. The Bureaucrats must come forward to help the aggrieved citizens. (i) It is the moral responsibility of the government to protect RTI activists and users and to take legal action against the attackers. (j) There is also need strong and robust monitoring and evaluation system. It will help periodically review implementation of the law and provide feedback to government agencies to address the shortcomings. (k) There should be proper coordination among state information commissioner and departments for the effective implementation of RTI act. (l) It is a recognized fact that for enabling and effective implementation of RTI act, the central and state information commissions need to strengthen their technical and IT capability. (m) Fast action to be taken to integrate different websites of all information commissions through a common IT gateway or national portal on RTI. This will prove to be grateful to common citizens. (n) Chief information commissioners should have frequent interaction with all information commissioners so that approach of all information commissioners may be similar in dealing with appeals/complaints before them. (o) According to the act it is mandatory to provide the information in the given time frame of 30 days. Since the information system is not integrated, therefore it becomes difficult to provide information in the given time. Moreover, many departments could not prepare themselves to respond according to the act. (p) Exemption provides under section 24 to the security and intelligence agencies are irrational and contrary to national interest. This exemption should be removed not by amendment of the act but by withdrawing the list of notified agencies in the 2nd schedule of the RTI act. (q) Training of officials of all departments and representatives of public authorities is essentially required so that they are made aware of their duties and obligations under the act. (r) Government of India should set up a National RTI council, which has members, people from various states, so that problems in implementation the RTI can be monitored regularly. (s) Last but not the least, political influence may anomalies in the functions of high level officials, so they have to maintain integrity by ignoring the vested interest. CONCLUSION Thus it can be rightly mentioned that Right to Information act is an agent of good governance. It makes administration more accountable to the people. It makes people aware of administration and gives them an opportunity to take part in decision making process. It promoted democratic ideology by promoting openness and transparency in the administration. It reduces the chances of corruption and abuse of authority by public servants. Since the act is prepared for people‘s interest, hence it success also depends on how they exercise the act. Moreover, there is need active participation from people, NGO‘s, civil society groups, coordination among RTI officials, integrity among government departments and political will from government and elected leaders.
  2. ashakantasharma

    Kinds of Rights

    Kinds of Rights Rights can be of many types such as natural, positive, legal etc. (a) Natural and Legal right According to some views, certain rights derive from a deity or nature. Natural rights are rights which are derived from nature. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and can't be taken away. For example, it has been argued that humans have a natural right to life. They are sometimes called moral rights or inalienable rights. Legal rights, in contrast, are based on a society's customs, laws, statutes or actions by legislature. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as civil rights, the "right to have rights". Legal rights are sometimes called statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning. Some thinkers see rights in only one sense while others accept that both senses have a measure of validity. There has been considerable philosophical debate about these senses throughout history. According to Jeremy Bentham legal rights are the essence of rights, and he denied the existence of natural rights. According to Thomas Aquinas the rights which were purported by positive law but not grounded in natural law were not properly rights at all, but only a facade or pretense of rights. (b) Positive rights and Negative rights In one sense, a right is a permission to do something or an entitlement to a specific service or treatment, and these rights are called positive rights. However, in another sense, rights may allow or require inaction, and these are called negative rights; they permit or require doing nothing. For example, in some democracies e.g. the United States of America, citizens have the positive right to vote and they have the negative right not to vote; people can stay home and watch television instead, if they desire. In other democracies e.g. Australia, however, citizens have a positive right to vote but they don't have a negative right to not vote, since non-voting citizens can be fined. Positive rights are permissions to do things, or entitlements to be done. One example of a positive right is the purported "right to welfare." Negative rights are permissions not to do things, or entitlements to be left alone. Often the distinction is invoked by libertarians who think of a negative right as an entitlement to "non-interference" such as a right against being assaulted. Though similarly named, positive and negative rights should not be confused with active rights which encompass "privileges" and "powers" and passive rights which encompass "claims" and "immunities"
  3. ashakantasharma


    DEFINITION OF RIGHT An entitlement to something, whether to concepts like justice and due process, or to ownership of property or some interest in property, real or personal. These rights include various freedoms, protection against interference with enjoyment of life and property, civil rights enjoyed by citizens such as voting and access to courts, natural rights accepted by civilized societies and human rights to protect people through out the world from terror and torture. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture, and the history of social conflicts can be found in the history of each right and its development. The connection between rights and struggle cannot be overstated. Rights are not as much granted or endowed as they are fought for and claimed, and the essence of struggles past and ancient are encoded in the spirit of current concepts of rights and their modern formulations. The Modern English word right derives from Old English riht or reht, in turn from Proto-Germanic ‘riχtaz’ meaning "right" or "direct", and ultimately from Proto-Indo-European ‘reg-to’ meaning "having moved in a straight line", in turn from ‘(o)reg'(a)’ meaning "to straighten or direct". In several different Indo-European languages, a single word derived from the same root means both "right" and "law", such as French droit, Spanish derecho and German recht. Rights are widely regarded as the basis of law, some theorists suggest civil disobedience is, itself, a right, and it was advocated by famous thinkers. There is considerable disagreement about what is meant precisely by the term rights. It has been used by different groups and thinkers for different purposes, with different and sometimes opposing definition and the precise definition of this principle, beyond having something to do with normative rules of some sort or another, is controversial
  4. Nand Lal first came to Delhi in 1992 looking for employment. However, he was forced to live on the streets and beg.Nand Lal has clearly made the phrase — “don’t under estimate the power of the common man” — his life’s mantra.Homeless, disabled and uneducated, Mr. Lal, who calls his cramped tri-cycle his home, hasn’t let anything stand in the way of filing three Right to Information [RTI] applications seeking information on rights and entitlements for the homeless and the disabled in the city.Read more at: Disabled activist demands his rights - The Hindu
  5. Dear Esteemed Members of the August Forum, I had filed a complaint on Human Rights Commission, Haryana regarding the human rights violation in the premises of District Courts. I complained(Copy of undersigned Complaint Enclosed): QUOTE " 1) There are no seats to sit for clients/litigants in Gurgaon District Courts and even for advocates which results In thronging the doors of the Court resulting in hampering Court Work; 2) Senior Citizens who are ill and physically challenged have no seating arrangements in District Courts in Gurgaon; 3) There are a couple of toilets in District Gurgaon Courts for a visiting citizens of around 2000 people daily which are so unhygienic that it is difficult to use these toilets: " ' 4) There is no litigant bench at district courts in Gurgaon; 5) There is no Case Status Display in District Courts; 6) The Courts are housed in bathrooms in District Gurgaon Court Complex thus living no space even to stand in these courts; 7) There is no ramp system for physically challenged citizens of Gurgaon in District Gurgaon Courts and no lift for elderly and physically challenged citizen's of Gurgaon to visit second floor Court rooms in Gurgaon District Courts. The above reasons contribute to human rights violations in District Courts in Gurgaon and-as such pray to Hon'bte Commission to pass appropriate orders under relevant section of the said Human Rights Act as deem fit by Hon'ble Commission." UNQUOTE The Hon'ble State Human Commission Haryana took cognizance of undersigned complaint bearing number 1064 of 2014 and on hearing held on 13th Oct 2014 and issued notice to Deputy Commissioner, Gurgaon for submission of reply/report in eight weeks and next date of hearing was fixed for 12th Feb 2015. (Copy of Order Enclosed) On 12th Feb 2015, the double Bench of Hon'ble Human Rights Commission ordered that in view of serious nature of Complaint, the Deputy Commissioner of Gurgaon to file reply/report within four weeks and next date of hearing on 08th May 2015.(Copy of Order Enclosed) The matter is of having larger public interest and is clear cut case of Human Rights Violations as the conditions in District Courts premises in Gurgaon is pathetic and situation there inhuman. Harinder Dhingra RTI & Human Rights Activist HUMAN_RIGHTS.pdf
  6. Hello, I am a disabled person. I need a human rights activist in Jaipur to guide me in human rights violations Thank you
  7. Dear members of this August Forum, I filed a Complaint with Haryana Human Rights Commission, Chandigarh seeking directions to DGP Haryana /CP Gurgaon for constructing ladies washrooms in nine Police Station of Gurgaon Commissioner-ate of Police. The absence of this facility is violation of Human Rights of our girl child/sisters. The information about non-availability of wash rooms was received from ACP Gurgaon under RTI Act 2005. Kindly find below the text of undersigned Complaint to Human Rights Commission: To Dated 11th March 2015 The Chairman, State Human Rights Information, Haryana Chandigarh Sub: Human Rights violations: Prayer fordirections to Chief Secretary/Home Secretary/ Director General of PoliceHaryana for implementing Hon’ble Punjab & Haryana High Court directions tohave ladies toilets in nine police stations of Gurgaon Commissioner-ate Sir, Respectfully submits that human rights of Citizens areviolated in following Police Stations of Gurgaon Commissioner-ate by not havingladies toilets namely; 1) Pataudi Police Station; 2) Kherki Daula Police Station; 3) Bhondsi Police Station; 4) Farooq Nagar Police Station; 5) Badshahpur Police Station; 6) Metro Station Police Station; 7) Civil Lines Police Station; 8) Rajendera Park Police Station; 9) Udyog Vihar Police Station; The above information has been provided by learned ACPHQ cum SPIO of Gurgaon Police under RTI Act 2005 (Copies Enclosed) That above Police Stations situated in Commissioner-ateof Gurgaon in the State of Haryana are not having separate toilets for ladies,the basic human right and privacy of the female police personnel and othersfemale visiting police stations are being deprived. I draw your kind attentionto Hon’ble Punjab & Haryana High Court order in CWP No. CWP-10756-2014 dated28th May 2014 (H.C. Arora Vs. State of Punjab and other) (Copy ofthe order enclosed) the Hon’ble Court directed, QUOTE “ The petitioner, appearing in person, seeks toadvance the cause of lady constables in the police stations as it is allegedthat there is absence of lady toilets in police stations and police posts, thedetails of which he has obtained after serving notice on the respondents. There is no doubt that adequate facilities in respectof the aforesaid are required. We would expect the Government to look into thisissue expeditiously and the Director General of Police with the Department ofHome Affairs to take necessary action for provision of toilets for ladyconstables in different police stations. We would also expect the action to betaken within a maximum period of four months from today. The petition accordingly stands disposed of.” UNQUOTE PRAYER AND RELIEF SOUGHT This is a fundamental right of our girl children/sisters.Thus, the Police Department must also be directed to construct separate toiletsfor ladies in Police Stations in the district of Gurgaon. The above reasons contribute to human rights violationsin above named Police Stations situated in Gurgaon District and as such pray toHon’ble Commission to pass appropriate orders under relevant section of thesaid Human Rights Act as deem fit by Hon’ble Commission. Thanking You, Yours truly, Harinder Dhingra RTI & Human Rights Activist, mobile number xxxxxxxxxxxx D-4A/7 DLF Phase 01, Gurgaon-122002 CWP_10756_2014_28_05_2014_FINAL_ORDER.pdf ACP Grg reply on ladies washroom in PS.docx rti cp women toilet in PS.docx
  8. Under the 2006 Forest Rights Act, providing land rights to forest-dwelling communities of the country, only 15 lakh complainants out of the 39,56,262 cases filed; were given the legal recognition to their property. Responding to an RTI query, the Ministry of Tribal Affairs stated that 39,56,262 complaints were filed under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 till November last year. Read at: 82 per cent of tribal rights entitlement cases quashed: RTI | Business Standard News
  9. Reported by David Ingram in In.reuters.com on March 10, 2015 U.S. NSA sued by Wikimedia, rights groups over mass surveillance | Reuters The U.S. National Security Agency was sued on Tuesday by Wikimedia and other groups challenging one of its mass surveillance programs that they said violates Americans' privacy and makes individuals worldwide less likely to share sensitive information. The lawsuit filed in federal court in Maryland, where the spy agency is based, said the NSA is violating U.S. constitutional protections and the law by tapping into high-capacity cables, switches and routers that move Internet traffic through the United States. The case is a new potential legal front for privacy advocates who have challenged U.S. spying programs several times since 2013, when documents leaked by former NSA contractor Edward Snowden revealed the long reach of government surveillance. Other lawsuits have challenged the bulk collection of telephone metadata and are pending in U.S. appeals courts. The litigation announced on Tuesday takes on what is often called "upstream" collection because it happens along the so-called backbone of the Internet and away from individual users. Bulk collection there violates the constitution's First Amendment, which protects freedom of speech and association, and the Fourth Amendment, which protects against unreasonable search and seizure, the lawsuit said. The plaintiffs include the Wikimedia Foundation, which runs the online encyclopedia Wikipedia, the conservative Rutherford Institute, Amnesty International USA and the National Association of Criminal Defense Lawyers, among other groups. The groups said in the lawsuit that upstream surveillance "reduces the likelihood" that clients, journalists, foreign government officials, victims of human rights abuses and other individuals will share sensitive information with them. Legal standing, which requires the organizations to show individual, particular harm, is the most significant obstacle for them, said Stephen Vladeck, a professor at American University Washington College of Law. While it might stand to reason that the plaintiffs' communications are being intercepted, they can only use legally public information, which the government has acknowledged or declassified, to show harm, Vladeck said. It is "not beyond the pale" that the government could make more information public while the lawsuit is pending, he said. For now, the lawsuit is a “longshot” according to Vladeck. An Obama administration official said: "We've been very clear about what constitutes a valid target of electronic surveillance. The act of innocuously updating or reading an online article does not fall into that category." The U.S. Department of Justice, which was named as a defendant along with the NSA, said it was reviewing the lawsuit. The NSA did not immediately respond to requests for comment. "By tapping the backbone of the Internet, the NSA is straining the backbone of democracy," Lila Tretikov, executive director of the Wikimedia Foundation, said in a statement.
  10. Hello, Dear Sir, I need to know that whether there is any rule that land donor can take action against the education society governing body if they are not working properly and giving chaiman position to a person who is illitrate and not good in characte as its a question for future of the students studying in school or colleges under that society.
  11. Hello, my father lived in villege after retirement in central govt .he purchased house site from very close few years ago ,they couldnt provide us house extract Dform patta it was stolen already ,we have strong purchase agreement ,but few days back my father died .after that we are trying to increase parapat wall,who stolen patta they are not allowed us to continue to contruct , when my father alive they didnt do like that .Except patta who stolen person they dont have any proofs , now how we go further ,revenue department is it related to solve our problem can any one have help me?
  12. fidelis_dcosta

    Tenancy Rights to Room

    Hello, I am in the possession of my grand father's room who expired in 1976. The then existing landlord was demanding money to transfer the same on my grandmother's name and had filed suit for vacant possession of the room. Until then till April-1994, we were paying the rent in the Court under the Standard Rent Act. My grandmother was then over 70 yrs of age and we were looking after her. I have since then transferred all my credentials (Ration Card, Mobile No., Voters' ID Card etc.) to the said address. My mother was the only daughter of her parents. Unfortunately, my mother died before my grandmother and we could not transfer the room on anyone's name as we were having legal issues in our personal life. In the meanwhile, the landlord has sold the development rights under a conveyance deed to a builder. Initially, the builder assured us of transferring the said property in our name. He wasted over 2 years making us run from pillar to post (advocates) who were asking us to pay stamp duty for the same. I have been requesting the new landlord to accept the rent, but he has only made me dance. He asked to pay huge sum and wanted me to surrender my tenancy rights, which I refused now he has been threatening us that at the time of re-development he will file a suit against me for possession of the tenancy. I have been sending the Rent to him from time to time by cheque, but he refuses to accept the same. I am now in a dilemma as to what is the best course of action. Can anyone help me out - FSD
  13. Hello, off-topic - if someone could suggest a discussion forum for "Human Rights" violation. sorry for spam.
  14. my great grandfather and there brothers fished and guarded this piece of wasteland once lake now a waste grassland. me and my cousins are trying to claim our rightful land as we don't have any legal papers of it. and on one side few builders have claimed wasteland by giving najrana to talati office. he claims it is his but it is of villagers. so how to claim its rights can anyone help us please ??
  15. Respected sir, I am from Agra I want to know the rights and duties of Mayor of Agra Municipal Corporation. Please send me information about this as early as possible.
  16. Alibaba10


    Hello All Fellow RTI Members, I am Anupam Goyal, Management Consultant, based in Aurangabad, Maharashtra. I have joined this group as I see its great potential in empowering people of India in getting their due rights This post is just to say HI to all the members and to thank the RTI India.Org for providing a platform to all interested in getting their rights honestly and thereby making India strong. Regards, Anupam
  17. I do have a question about the property right. Before that I would like to state the foll. Facts: The property was passed on to my mother by my grandfather (My Mother’s Dad) as a Gift. I recollect my Mom used to get a notice for Gift tax.. This property belonged to my great grandfather that was received as a inheritance by my Grandfather. My Mother has 2 children (Son - My Brother & Daughter - Myself). She wants to pass on the property to me for foll. Reasons: My brother does not look after my Mother nor does he provide. Whereas I do provide for her expenses. My Brother was educated (Engineering capitation fee as well as fees) by selling my fathers property (1 acre) whereas I was not. Altho’ Mom has no physical evidence of paying his fees etc…. Also, my brother took from my Mom Rs. 50,000 in 1990 for a business and lost all money. My Mother paid it in cash; hence no physical evidence is there. [*]My Mom has done a settlement deed in my name for the above property wherein she has mentioned that he does not look after and has been educated by selling off Fathers property. [*]Our religion is Christianity. Want to know the foll. - Can my brother contest for the right? - If so, is there a way that the entire property can be made in my name without my brother having legal right over it as this is my Mothers wish.
  18. Hi to all! I am new to this community yet not to the concept of RTI. The time has gone when red tapism was guarded by the vanguards of privacy! The RTI law has been made, but wait, laws are made to be twisted and broken in our country by those who command the power for the same. The law in itself is not a remedy but just a way through which common man can let himself some space to breadth and feel independent. The right to information can be used in the right way and for the right cause only when the poorly informed people of India are taught and helped to raise their voice against any injustice caused to them just because they are supposed to be mum. We the well informed people are fortunate that we know what RTI is and how it can be channelized to grease the rusting wheels of our system. But the cause of RTI can be won only when we, the fortune ones, come out of our protected homes to reach the real India which still is dwelling in the country side. I will continue to join my hands with anyone who wish to work for my country, or our country I should say. Take care my fellow citizens of Informed India! Anuranjan Sinha
  19. Hello, My question is: Should the application for information be confined to the administrative matters of the public authorities only or can citizens ask for matters in which his own personal rights or individual crimes involved?
  20. The fact that criminal justice system has almost collapsed in our country seems to hold good when we analyse the conviction rate in criminal cases. In order to verify the low rate of conviction an application was given to Police HQ Delhi on 05.01.07 by a member of SDJ team seeking information about current status of criminal cases filed with various police station . After passing of 60 days information in respect to 3 police zones out of total 11 zones were received. After analysis of information furnished some of the interesting and thought provoking points came into light. Details Ajit Kumar This is an effort by SDJ Team Society for Development and Justice - Home
  21. Srinagar, September 13: The Commonwealth Human Rights Initiative (CHRI) while describing the Right to Information (Amendment) Bill of 2007, adopted by the two houses of the state Legislature, as ‘half-hearted effort’, has urged Governor, Lt Gen (Retd) S. K. Sinha, to withhold his consent on the plea that the Bill had a number of lacunae. The State Legislature has made some amendments in its existing Right to Information (RTI) Act, claiming to make it at par with Central Act. However, the rights body stresses that the amendments need lot more amendments. In a communication to the Governor, the Human Rights body has requested Sinha to withhold his consent to the Bill under section 78 of the state constitution. "The amendments to the RTI bill were inadequate and do not provide citizens seeking information from the public bodies in Jammu and Kashmir the same guarantees and protection available to people in other states,” the rights body remarked. It has also been requested the Governor to withhold his assent till the state Legislature makes the Bill at a par with the central act passed in 2005. “The proposed amendments are a half-hearted measure and do not go the whole length of the way to bring the State RTI Act at par with the Central RTI Act. There was no visible public consultation conducted by the State Government prior to the tabling of the Amendments. Several MLAs had strongly argued for referring the Amendment Bill to a joint select committee consisting of members of both Houses of the J&K Legislature for detailed consideration of the Act and the amendments as this is an important law giving effect to a fundamental right of citizens something that was ignored by the state legislature,” the statement issued by the CHRI claimed. According to CHRI press statement the amendments do not effectively secure the fundamental right to access information for citizens in Jammu and Kashmir. If the Amendment Bill becomes law, citizens will have inferior rights in matters relating to seeking and obtaining information from the Government as compared to that enjoyed by citizens in other parts of the country. Furthermore the amendments will create a weak enforcement mechanism for securing compliance of public bodies with the provisions of the J&K RTI Act. The Amendment Bill requires several changes if it is to bring the Jammu and Kashmir RTI Act at par with the Central RTI Act, Kashmir Watch :: Headlines
  22. Lucknow, August 24: Inmate Sunder Lal was arrested a couple years back. As the days passed, he lost the count of the years he had been staying inside the prison. Recently, Lal, using his Right to Information Act, wrote to the state Prison Department asking about the number of years he was behind bars. Inmate Avinash Shukla, who was held for a murder case, asked about the sections of IPC he was booked For the first time, with the help of Right to Information Act, inmates at different prisons of the state have inquired about their term status, section they have been booked, status of state prisons, jail officials and other details. Officials said with the involvement of inmates, the communication gap between the inmates and officials will bridge and that would bring in transparency in their work. Speaking to The Indian Express, Lucknow District Jail Jailor R P Singh said, “Interestingly, the inmates have asked various questions like their term, jail officials etc. We have prepared a record book, in which the queries are noted down. Then it is passed to the concerned official. We try to provide the information as soon as possible.” Advocate Rohit Kant said that “it is a positive sign that inmates are getting aware of their rights and are using the Right to Information Act”. Sources said though inmates can also collect the details from the court, but it seemed that they prefer more on using RTI Act. The provisions of the act give rise to several communication issues. The public needs to be made aware of its right to seek information from the government, and the administration on its part has to be reassured that the act is pro-government in enhancing accountability and bringing people closer to governmental processes, officials in the state Jail Department said. RTI in jail: Inmates wake up to their rights, living conditions
  23. Kashmir is the only state in the country where the RTI regime has not really worked New Delhi: Kashmir, which has been a theatre of conflict for decades and recently dubbed the second most corrupt state in the country, may, for the first time, guarantee its citizens access to government records, like the rest of the country. The state government is planning to strengthen the Right To Information (RTI) regime by setting up a dedicated State Information Commission, pruning the exempted documents list and giving citizens access to even Cabinet decisions and file notings. “We plan to make significant changes in the RTI Act in order to widen its scope and ensure accountability,” says Khurshid A. Ganai, principal secretary to the Jammu and Kashmir government. However, security agencies and the defence forces stationed in the strife-torn state, which have on many occasions been accused of human rights violations, are likely to be exempt from the updated Act. Kashmir is the only state in the country where the RTI regime has not worked as the existing Act does not even provide for a dedicated information commission. The state’s move is expected to beef up the now watered down version of the RTI Act used in the state, and to set in place a machinery that will hold bureaucrats accountable for supplying information sought by citizens. Some senior politicians in the state, however, want the new RTI regime to be of help in cases of human rights violations as well. “We have additional problems of human rights violations and people disappearing across the state. It will be great if people start asking for information and if the state is forced to become accountable (in such cases) and on deployment of funds, etc.,” says Mehbooba Mufti, the Peoples’ Democratic Party president who represents Anantnag in the Lok Sabha. In the three years since the Act was implemented, only 50 RTI applications have been received by officers in charge and controlling officers of various departments in the state. In comparison, the Central Information Commission (CIC), in the last two years alone has received over 4,000 cases and state commissions in Gujarat, Karnataka, Andhra Pradesh and Mahrashtra, for example, have received thousands of cases each. “It is ridiculous as a government servant (in Kashmir) can just sit on the RTI application and do nothing,” says an official with the CIC, whose expertise was sought to prepare a draft Bill by the Jammu and Kashmir government. The Central RTI Act, which came into force in 2005, extends to all parts of the country except Jammu and Kashmir due to its special constitutional status. The legislation passed by the Jammu and Kashmir assembly, the Jammu and Kashmir RTI Act, 2004, is weak as it has no provisions to hold erring information authorities accountable and does not stipulate penalties. Under the present Jammu and Kashmir Act, authorities can even reject requests for information on the ground that collection of the information would cost considerable expense and time. According to Ganai, a draft Bill has been prepared to amend the RTI Act. “It will be soon sent to the Cabinet and, if approved, will be put up before the assembly in the coming session,” he said. The Bill is expected to change nomenclature of the RTI officers and also cut down on the long list of documents that are exempt. The attempt, says Ganai, is to bring the state Act “in line with the Central Act,” with one exception. As per the Central Act, applications pertaining to security agencies and the defence forces, who are usually exempt from the Act, can be accepted if they pertain to human rights violations. “However, we have not included any specific provision to allow for human rights related petitions as we already have the state human rights commission in place to take care of such cases,” Gani said. Central Information Commissioner Wajahat Habibullah said the move to strengthen the RTI regime in Kashmir was a “significant milestone”. According to the him, a state information commission in Kashmir can go a long way in improving transparency in the state. According to the Congress MP from Jammu, Madan Lal Sharma, the state’s chief minister Ghulam Nabi Azad has recently highlighted that, of the Rs5,500 crore Central assistance given to the state, only about Rs1,000 crore has been used. Said Sharma: “Soon, people will be able to keep track of the various schemes and measures implemented by the government using RTI.” Kashmir to lift veil on government data except for human rights issue - livemint
  24. ganpat1956

    Rights & Wrongs

    An article by Priya Kanungo in The Financial Express(29.04.2007) As citizenspeak goes, the Right to Information (RTI) Act means great ‘people power’. It’s the kind that India hasn’t ever had in the past. We’ve had several laws drafted for us which most of us don’t know of and can’t understand. But thanks to social activists and the media, the RTI Act is probably the only one the common man says is “mine”.While earlier, he was considered lucky if he got what was rightfully his, whether it was his passport or ration card, now, RTI is the key with which he gets most doors ope. It’s been one and a half years now since its inception on October 12, 2005. The babus have, under the law, ceased to be guardians of “official secrets” and the hoi polloi is having its way like never before by asking a few smart questions. Thousands of RTI applications have been sent to Public Information Officers (PIOs) of the appropriate government departments, information has been given within 30 days and people have gone back satisfied. As Magsaysay-award winner and Mazdoor Kisaan Shakti Sangathan representative, Aruna Roy says: “While stories of the use of RTI by people in urban areas occupy our newspapers, the extensive use of the RTI Act by ordinary people in thousands of villages across India is less known.” Whether it is to do with wages, employment, rations, health or land deeds, Roy feels it is RTI that has made the happy difference. One remarkable application of the RTI, she feels, has been in the social audit of the National Rural Employment Guarantee Act (NREGA) works (See box). It has involved thousands of people in mass campaigns, applying for information, verifying records and ensuring the transparency of muster rolls. “While the urban critics of the NREGA point to the stories of frauds as evidence of its failure, what they fail to perceive and, therefore, acknowledge, is that it is the use and success of the RTI, through social audit in NREGA, that has brought this corruption to light,” she says with pride. So that’s when information is asked for and given. But when information is not obtained and the appellate machinery is used, the story is a sad one to tell... In fact, it can be a pain in the neck. Under the law, the PIO has to reply to an RTI application within 30 days. If the reply is not given within 30 days, the applicant can go on first appeal to the PIO’s senior, who is the appellate authority (AA). If the applicant draws a blank here too, he has the right to approach the final appellate authority, which is the Chief Information Commission (CIC). That’s where he could get stuck because of a hole in the Act—there is no deadline given to the CIC to get back to the information seeker. This is why cases keep hanging and Information Commissioners (there are five at the Centre right now, apart from those in the states, who form the State Information Commission) have an eight-month waiting period before they deign to hear a case. It’s a deficiency in the Act which commissioners are obviously making good use of. Ask the Chief Information Commissioner and a former bureaucrat, Wajahat Habibullah about this, and he admits there is a long queue (which a click on the CIC website would reveal too), but defends it thus: “When we started the commission one and a half years ago, we were pretty much on virgin territory. This was a new Act and we needed time to understand it. We didn’t know whether we were to function as bureaucrats or judges. Our administrative systems had to be put in place. Today, we are far more systematic and our commission is accessible to the public. We are also looking at cases at a much faster rate.” Prof M M Ansari, an Information Commissioner with the CIC, adds: “Not only is there no stipulation as to by when we need to dispose of our cases, the fact is that the commission is currently working at half its strength. While the Act says there should be 10 commissioners, right now we are just five.” Ask him whether people are truly making use of the Act, Habibullah says the awareness about the Act has grown, thanks to the intervention of social activists and the media. “Initially, neither the citizen nor the officers in government knew about the powers of the Act. But with growing awareness, PIOs are falling in line and information is being furnished. But another Magsaysay-award winner and founder of Parivartan, Arvind Kejriwal begs to differ. He believes and so do most acknowledge, that the RTI Act is perhaps the only law in the country today which penalises a government officer for not doing his duty. Under the Act, for every day’s delay beyond the specified 30 days, a PIO is liable to be fined at the rate of Rs 250 per day, up to a maximum of Rs 25,000. So far, if the records of the CIC are examined, there have been a total of only 27 cases on which penalties have been imposed, out of the thousands that have come to the commission since October 2005. (This is apart from what happens in the state commissions, which have a different set of numbers to crunch). “When the Act came into being, most in the government were afraid of penalties being imposed for not furnishing information. But in the last one-and-a-half years, the word is spreading fast that the CIC isn’t interested in imposing penalties. PIOs go round saying to citizens: ‘you can go on appeal. Nothing is going to come of it.’ So the fear of being penalised isn’t there,” adds Kejriwal. And that’s where the Act gets defeated. There is a further fall-out to this, says Kejriwal. “One of the causes for pendency (the long waiting list of cases) is that because the commissioners are not imposing penalties, people are coming back with fresh appeals. The cases are building up as a result.” There are other issues too. Many times applicants have been fobbed off with answers like ‘We can’t find the file’ or ‘it has got lost’. There is another grievance. The Act states clearly that there isn’t any format for filing an application. This is to facilitate uneducated citizens who might not know the nitty-gritty of writing complicated applications. But often, their requests are rejected because they are not in the proper format. When these issues were raised, Habibullah said: “”Yes, cases of files getting lost have come to us. So now we are telling the officer concerned to show cause and that an FIR should be lodged for the disappearance of office property.” He goes a step further to say: “Sometimes a PIO tells us he asked the officer of the concerned department to furnish information that was sought by the applicant, but that he did not get it. So now, instead of penalising the PIO, we fine the officer concerned, who then becomes the deemed PIO.” Then there are cases of dismissal of cases without a hearing. Both Ansari and Habibullah admit there have been such cases but they cite the following reason for it: “Sometimes applications come to us which state “Why have I not got my promotion?”; “When will so and so decision be taken?” or even absurd ones like “Has the British Raj come back to India?” Now for questions like this, we don’t really need a hearing, which will further delay matters. We just direct the concerned department to furnish the information which might be useful for the applicant. After all, we are an Information Commission. We can help people get information. We can’t settle their disputes,” says Habibullah. There is yet another accusation against the commission—that it is soft on government officers. As yet another Magsaysay-award winner and social activist Anna Hazare, who is currently touring 110 tehsils in Maharashtra to spread awareness about RTI, says: “The commission, both at the Centre and in the states, has become a resting ground for ex-bureaucrats. All their lives they have been protecting their lot, so how do you expect them to be strict with officers now? We need people from the judiciary, military and independent professionals who have an expansive view of India to be commissioners. Not former bureaucrats.” But he is hopeful that as people all over the country are made aware of the Act, there will be a better tomorrow. “About 70 % of corruption in government can be reduced by exercising RTI. Sarkaar ki naak dabne se, mooh khul jayegi,” Hazare says emphatically. So, adding to the potholes that plague the RTI journey is the government and its characteristically lackadaisical nature. As Kewal Semlani, who has fought several RTI cases in Maharashtra, points out: “According to Section 4 of the RTI Act, every public authority (read: government-funded organisation) must maintain a website and records which give details of its functioning. Unfortunately, most of these public authorities don’t. This goes against the ‘voluntary disclosure’ norm. So people have to apply to these public authorities for information, which they could have otherwise got freely had it been made available on the internet.” But amidst this blame game, where the RTI Act sometimes becomes a casualty, there are innumerable victory stories of both individuals and organizations. There is a great deal of fine-tuning to be done though. After all, the RTI Act rests on four legs—civil society, government, social activism and the information commission. There is no use blaming any one of them. It could be a case of differing perceptions too. As Gujarat Information Commissioner, R N Das, says: “Section 25 (5) of the RTI Act talks about the spirit of the Act, which is tilted towards the citizen. Yes, evidence has to be evaluated neutrally. But when it comes to arguments, there could be a philosophical divide. It’s better to help the citizen, who might not know the intricacies of the law, rather than the representative of a public authority, who would know its finer nuances. That is an individual decision that every commissioner has to take.” Perception or otherwise, it’s a great feeling to know there is a law today that has the power to remove the shroud of secrecy that has, for decades, surrounded most government activity.
  25. The Imphal Free Press imphal, mar 18: In the first instance of its kind in the state, Human Rights Alert has filed a complaint with the Manipur Information Commission against the information officer, department of home, government of Manipur for failing to furnish information sought under the Right to Information, RTI Act. According to a statement issued by the Human Rights Alert, one of its programme executives had on February 9, 2007 filed an application under section 6(1) of the RTI Act with the information officer of the state home department seeking information relating to inquiries instituted by the state government under the Commission of Inquiry Act 1952 in the past three decades. It said the officer concerned has been approached repeatedly to obtain the requested information, but the officer neither allowed access to the information, nor gave any official response to the request. The statement said a complaint was accordingly filed before the Manipur Information Commission on March 13, 2007. The state information commissioner, RK Angousana has in this connection registered a complaint case and asked the officer concerned to furnish objection if any on March 26, 2007. The information sought by the HRA included, total number and particulars of inquiries instituted since 1980 by the state government, total number of inquiry reports submitted to the government and action taken thereof, total number of inquiries whose report have been submitted but not considered by the government. The HRA had also sought copies of the inquiry reports concerned by the government of Manipur along with the memorandum of action taken. Rights body files complaint under RTI Act :: KanglaOnline ~ Your Gateway
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