Saturday, June 2, 2018

Governor urged for effective execution of RTI Act in Odisha


Governor urged for effective execution of RTI Act in Odisha


 On 31.5.18., A Five-member delegation of RTI Activists of Odisha Soochana Adhikar Abhijan ( Sri Akhand, Chitta  Ranjan Satapathy, Kalandi Mallik, Ranjulata Mohapatra) met  Hon’ble Governor, Odisha and submitted memorandum urging His Excellency  to direct State Government  not to dilute and destroy RTI Act in the state.  The Delegation Team  also appraised  His Office  about  anti-people provisions of  Odisha RTI Rules   which is ultra-vires to Mother Act. This Rules needs to be amended  in order make it citizen-friendly after due consultation with Civil Society Groups and RTI Activists. The Activists  also  discussed  about  how office of Odisha Information Commission  has become political rehabilitation centre of  State Government  and Information Commissioners are  being appointed  without  following any transparent procedure  despite  direction of Supreme Court in  the matter of Namit Sharma vs Union of India  dated 3.9.2013 ( Review petition No. 2309/2012).  Governor  was urged to direct the State Government to formulating transparent procedure for appointment  of  Information Commissioners  in line of  Supreme Court Judgement. Activists  also requested  His Office  to review   performance of Odisha Information Commission, as  the Information Commissioners like Sashi Prava Bindhani  could not conduct hearing properly   for which more  10,000 cases are pending in the  Commission.  The way  the Information Commissioners are conducting hearing , it  will take  minimum five years to  conduct first hearing of  a fresh  appeal / complaint case. Increasing  Attack on RTI Activists was point of discussion  with Hon’ble Governor. The delegation Team appraised   Him  how RTI Activists exposing  corruption are tortured  mercilessly beaten up  and harassed  by police.  Governor  wanted  the  list of RTI Activists who have been attacked . He also assured the Team to take action positively.
  A  day-long Mass Dharana   of RTI Activists was  organised   under banner of Odisha Soochana Adhikar Abhijan  at Raj Bhawan, Bhubaneswar  to publicly highlight   the  following issues   relating to implementation of RTI Act in the state.

  1.Within 12 years of its implementation, RTI has been proved as most empowering law for the citizens of the country. The  common people   are seen using   this law extensively  starting  from accessing  information  about  their rights  and entitlements guaranteed   under various welfare schemes to exposing scams and irregularities  in development projects, tracking  ATR  on  their  complaints/ grievances  submitted to the public authorities,  enforcing transparency  and accountability  in the administration. This law has been biggest weapon in the hand of RTI Activists to fight out corruption at various levels and paved the way for generating debate for introduction of robust grievance redessal mechanism to redress grievances of the people in time bound manner. RTI Activism in India generated   nation-wide movement led by Anna Hazare for constitution of Lokpal at the centre and Lokayukta in the state through enactment of the Lokpal and Lokayukta Act, 2013.

2. But from the very beginning , the implementation of RTI in Odisha  has suffered  severe setback due  to anti-people Odisha RTI Rules, 2005 which is well-designed  by Odisha bureaucracy to subvert the sun-shining law. Tall  claim of  chief Minister  that his Govt. is transparent Government  is observed false and designed  to befool  the people. The Chief minister  never takes  name of RTI  while pronouncing  slogan of transparency  in his administration. RTI under his regime has been diluted, subverted  and destroyed  to  keep  continuity his corruption without any hassles.   For example, the Form-A ( Application for information) under the said Odisha Rules is too long, complex and over-damaging one  which not only frightens away the ordinary members  of the public from applying for information under the Act but also ultravires too of the mother Act. The column-2 asking for Father/ Spouse name, column-3 asking for permanent address and Column-4 asking for particulars in respect of identity of applicant  are very much personal details , the disclosure of which  by an applicant  before the PIO  has been forbidden  under section 6 (2) of the RTI Act.  Similarly  demand for proof of citizenship from an applicant filling RTI Application  under Odisha Rules  is also  contrary  to  section 6 (2)  of the RTI Act. The State Govt. has also made arbitrary provision of charging Rs. 20/- and 25/- towards  First Appeal fee and Second Appeal fees  respectively is also  absurd  and illegal under RTI Act.  Since last several years, RTI Activists and Civil Society Organisations have been demanding for withdrawal of these anti-people provisions of Odisha Rules. But  the State Govt.  has not taken any steps  to make Odisha RTI Rules people’s-friendly. It still remains absurd and illegitimate.

3.As per section 4 (1b) of the RTI Act, each Public Authority  is required  to voluntarily  disclose  17 types of information within 120 days of enactment of RTI Act i.e., 12th October 2005. As per section 4 (4) of the Act, these information will be disseminated in odia language.  But within 12 years of RTI Act in Odisha, the State Govt. has  developed  a fantastic website www.odisharti.in which is a storehouse of   proactively  disclosed  information of many departments  and  sub-ordinate offices.  But  it is interesting  to note here that  these information are  outdated  and not  a single information is found correct.  Even  the  voluntarily disclosed  information of  the office of Speaker, Odisha legislative  Assembly  and  office of Governor, Odisha  is not updated.   Not  a single  information  is disseminated  in Odia language despite enactment of Odia Language ( amendment ) Act.   The Common people hardly access this information. Display Board  about RTI Act  is hardly noticed  in any office  of the state.

4. Odisha has  witnessed  series of   attacks   on RTI  Activists which is  increasing  day by day.  A good number of RTI Activists  who  are  at forefront of   exposing  corruption, irregularities  in  implementation of Govt.  schemes and programme  are seen harassed, tortured  and mercilessly  beaten up, petrol attacked   and also murdered  by powerful people  due  to  police inaction, denial of registration of  FIR and lack of investigation   and nexus of the police  with  the vested groups.   It has been noticed  that within period of last three years, more than 50 RTI Activists  have been beaten up, attacked  and socially ostracised  by influential and corrupt  people  in the state.  Despite  several complaints  to higher authorities  for immediate investigation into FIRs lodged   by RTI Activists  and  ensuring their protection , the State  Govt. has not taken any steps  in this regard.

 5. As per the RTI Act,  the State Information Commission is the highest adjudicating body  entrusted  with task of deciding appeals and complaints  of the information-seekers, penalising erring PIOs and recommending  disciplinary proceedings against  them for persistent violation of the RTI Act and awarding  compensation  to  the affected  citizens who got harassed  due to  denial of information by the PIOs. The Information Commissions are  having  power of Civil Court  to conduct inquiry into  any  complaints/ appeals, call  for  any reports , summon attendance of  persons and  examination of witness and documents etc. But  the  functioning of  Information Commissioners  are  highly  disgusting and frustrating. Lack of transparency in appointment of Odisha Information Commissioners, appointment of  inefficient ICs  has brough disaster  in the  functioning of the  Commission.  Long delay in hearing of the case, lingering of the cases  by the Commission fixing so many dates, non-imposition of penalty  on erring PIO  has frustrated  the  appellant-citizens  and discouraged  them  to pursue  any case  to get justice from the Commission. From a close study of 9 months of performance of Odisha Information Commission (from August, 2017 to April, 2018) , It was observed that    Smt. Sashi Prava  Bindhani , SIC disposes only 27 cases  per month,  while  Sri L.N.Patnaik ‘s monthly disposal rate is just 56 . The disposal rate of the cases (85) by Sri Sunil Mishra, SCIC is 3 times more than that of Sashi Prava Bindhani.  It is evident that the Information Commissioners   do not have expertise and experience and having lack of interest to   render justice to the citizens. Neither they recommend  for  disciplinary proceedings  against  erring PIOs { section 20(2) } nor award  compensation  to the aggrieved  citizens  under section 19 (8b) of the RTI Act.  As  transparency procedure is not followed by the selection Committee headed  by Chief Minister,  the most inefficient, law-illiterate persons are  getting appointed   in the post of ICs. The State Government  has made  Odisha Information Commission  as political rehabilitation centre.

Prepared  by 
Pradip Pradhan
State Convener, OSAA
M-9937843482
Date-  2.6.18


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