Monday, October 14, 2019

Press Note on 14th RTI anniversary released by NCPRI


Press Note on 14th RTI anniversary

 October 12, 2019, marked 14 years of implementation of the RTI Act in India. The law has empowered millions of people across the country to exercise their fundamental right to seek information and hold the government accountable.

 Never has the government’s commitment to transparency been as questionable as it is today, on the 14th anniversary of the Right to Information law- information of critical national and public importance continues to be denied and the Act itself was weakened through amendments..

 The convention, organized by the Central Information Commission is the first since the RTI Amendment Act 2019 was passed by Parliament which dealt a serious blow to the law. Despite protests across the country and opposition from several political parties, the BJP government brought in amendments to the RTI Act. There were no public consultations on the amendments and in fact even the text of the amendment Bill was not made public before being introduced in Parliament. The amendments empower the central government to make rules regarding the tenure, salaries, allowances and other terms of service of the chief and other information commissioners of the Central Information Commission (CIC) and all state information commissions (SICs).

 It has been more than 2 months since the amendments received the assent of the President on August 1, 2019. However, till date the central government has not promulgated rules. Though the DoPT MoS Jitendera Singh and Home Minister Amit Shah spoke at the inaugural session of the CIC convention, they did not make any reference to the recent amendments to the law nor did they give any indication of the time-frame in which rules will be made.

 In complete denial of the dismal reality of the implementation of the RTI law Home Minister, Amit Shah claimed that this government is committed to transparency.

 The abrogation of articles 370 and 35A has meant that the J&K RTI Act stands repealed. The transparency law in the state was repealed without any transparency in the process itself! There is no clarity about the status of the appeals and complaints pending before the J&K State Information Commission as the commission was set up under the J&K RTI Act. The state Act also had some progressive provisions not contained in the Central RTI Act- such as time bound disposal of second appeals.  

 The track record of the government on openness has been questionable. For instance, the government resisted disclosure of records and deliberations regarding demonetisation. Electoral Bonds were introduced as a mode of anonymous funding of political parties through an amendment to the Finance Bill. Preposterous claims were made by the government that this was being done to bring in greater ‘transparency’. BJP was the biggest beneficiary of the electoral bond scheme launched by the government in 2017-18, bagging 94.5% of the bonds worth a little over Rs 210 crore masking the unholy nexus between corporates and the ruling party. The government has also kept under wraps information about bank frauds and NPAs. It also tried to suppress the release of the unemployment data.

 ‘Report Card of Information Commission 2018-19’ brought out by Satark Nagrik Sangathan (SNS) and CES on the functioning of information commissions across the country has found that despite the directions of the Supreme Court in judgment in February 2019 to appoint information Commissioners to the Central and State Information Commissions, many appointments to the information commissions have not yet been made. In fact currently four posts of information commissioners in the CIC are vacant.

 Furthermore, scores of RTI users have been attacked and more than 84 killed in their quest for information and accountability. This month itself an RTI activist in Rajasthan was allegedly killed in police custody. Even as the attacks continue unabated, the government has failed to operationalize the Whistle Blowers Protection Act which was passed in 2014.

To mark the anniversary of the RTI law, NCPRI members in many states held events resolving to protect RTI, increase it's usage and overcome the attempt to weaken one of the most radical freedom on information legislations in the world. After the amendments were passed in the Parliament, the National Campaign for Peoples’ Right to Information launched a year long "Use RTI, Demand Accountability" campaign on August 1st 2019. To demand accountability from the government, RTI users and citizen campaigns have been filing and will continue to file RTIs on pressing issues of public interest. Some of the RTIs already filed sought information on issues such as district mineral funds, lynching cases, Aadhaar and voter ID linkage, electoral bonds, the National Food Security Act amongst many others.

By NCPRI , New Delhi
On 13.10.19

No comments:

Post a Comment