Rti Act Overview, Challenges & Remedies

By Author: Santosh Kumar
Total Articles: 4
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Of all the myriad legislations we have in our country today, the RTI (Right to Information) Act has been one of the most fervently debated. The reasons are apparent: a perceptible lack of faith in the powers that be and a sense of pervasive corruption in the establishment have led to a growing uneasiness amongst the populace, prompting the latter to exert their RTI rights with a renewed vigour. And this has kept the government squarely on its toes, which - amid the flurry of applications, cases and disposals – is doing its best to convince citizens that all is indeed well within its framework.
So, is the RTI Act in its current form fulfilling its objective of information dissemination? What additional steps can be taken to make the RTI machinery more robust? Let us dwell on these questions briefly.

A powerful everyman tool

Under the RTI Act, all Indian citizens (save those of Jammu & Kashmir) have the right to fundamentally ask for information, inspect records, extract copies and take samples of any material related to any government body or constitutional authority. What's more, private entities ...
... and NGOs significantly financed by the government have been held to fall within its ambit. Though the state of J & K is not covered by the Act, it has its own RTI legislation.
Thus the Act has sufficient teeth and is quite a potent instrument in the hands of the general public who, until the Act became a reality, had no option but to retract their grievances. The present RTI application system is essentially transparent, lucid and organized and interestingly no reason need be given for requesting information – if an application is duly made and the fees paid, it suffices.
Little wonder then that in the first year of its implementation (2005-2006) over 40,000 applications were filed and the numbers are compelling even today. Recent amenities like the ability to file and track RTIs online at the MCD (Delhi) site have further facilitated the process.

Challenges & Impediments – and the suggested ways forward
Notwithstanding the popularity of the legislation, the RTI mechanism is not bereft of its own set of complexities and practical concerns:

1. A struggle to handle the surge of applications: The massive influx of applications have put a definite strain on the resources of the Central and State Information Commissions, leading to tardy submission of the information demanded.

The solution: The establishment would do well to quickly rejig the existing settlement framework to accommodate the rush of petitions. For this, more coordination is needed amongst the various information commissions to dispose of appeals expeditiously.

2. Doubts over corruption eradication: Experts opine that the Act's basic thrust was and should be the gradual elimination of the entrenched corruption in society. However, even though the Act's provisions are stringent and exacting, general corruption is still rife in the country raising questions whether auxiliary regulations are needed to strengthen the Act.

The solution: Indubitably, citizens have the right to demand any information – even subjective and individualistic - they deem fit. However, to extirpate the malaise of corruption, more applications are needed that address systemic functioning at a broader, more macro level. Of course, this has to be accompanied by measures to eliminate graft ingrained in the establishment, all of which can be supervised by the judiciary.

3. Debate over inclusion of core bodies: Recently, there has been a trend to exempt certain key bodies from the provisions of the Act through various official directives (recent case in point being the complete exemption allowed to the CBI – hitherto it enjoyed only partial exemption). This has created widespread uncertainty and deliberation amongst the civil society who feels such regulations may undermine the transparency and effectiveness of the RTI procedures.

The solution: The judiciary needs to keep a tighter vigil over all such proposed directives so as to proactively negate regulations that may vitiate the Act adversely. It is heartening to note that recently such notices have been issued by some courts seeking answers on such directives.

4. Lack of safety for RTI proponents: Lately there have been several acts of violence and oppression directed towards RTI activists and applicants, which is a worrying sign and antithetical to the very principles of the Act.

The solution: It is earnestly hoped that the establishment takes note of these negative developments, neutralizes all vested interests and guarantees safety to all RTI proponents.

5. Invalid applications: It is sometimes evidenced that ordinary citizens, in the enthusiasm of seeking information or getting their appeals redressed, end up submitting untenable applications. Incomplete, ambiguous and extraneous applications are likely to be rejected by the concerned Public Information Officer (PIO).

The solution: It is firmly recommend making all applications in a concise and unambiguous manner- this will ensure that the information demanded is made available within the stipulated time.

6. Low penetration in rural areas: Though the RTI Act has caught on in a big way in urban areas, statistics reveal that its reach hasn't matched the same levels in the interiors and rural areas of the country.

The solution: Concerted efforts should be made to explain the RTI provisions in all areas where knowledge levels are low. This can be achieved through print media campaigns, awareness drives and more involvement of the provincial state officials.
In conclusion, it would be prudent to consider the aforementioned remedies to impart greater foundation to the Right to Information!

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