Right to Information

Right To Information

• secrecy root cause of corruption
• india inherited colonial administrative structure
  • basic objective $\to$ exploit the country
  • brits could continue exploitation only if complete secrecy
  • Indian Evidence Act 1872 and Official Secrets Act 1923 passed to promote culture of secrecy in governance
• post independence, same legislations continued
• govt promoted even more secrecy with All India Civil Services Conduct Rules and Regulations 1959, 1964
• India opted to be welfare state and govt started implementing hundreds of welfare schemes
• by mid 1980s, realized most schemes resulted in massive corruption due to secrecy in implementation
• 1990: demand by Rajasthani villagers to know about schemes implemented by state
• got support from Majdur & Kisan Shakti Sangathan (MKSS) (an NGO led by former IAS Officer Aruna Roy)
• Finally, administration forced to furnish info demanded by villagers
• 2005: part of right based approach to development, Parliament passed RTI
• Citizens could file RTI with ministries and depts demanding info that is NOT part of section 8 of RTI
• responsibility of Public Information Officer (PIO) within stipulated period of 30 days
• if info not provided, citizens have Grievance Redressal mechanism in form of Information Commission
• These IC can receive applications and direct concerned PIO to provide info
• also have power to impose fines on ministries and depts
• in 2009, 2nd ARC submitted report regarding challenges faced in implementation of RTI

Challenges in RTI

• Official Secrets Act: passed for objective of hiding info from citizens
  • promoted culture of secrecy within governance
• 2nd ARC: as long as there is Official Secrets Act, RTI can’t be implemented in letter and spirit
  • recommended repeal of Official Secrets Act
  • all info related to national security can be part of National Security Act and rest of info be made available to citizens under RTI
• RTI derived from Freedom of Information Act of USA
  • in USA, even Top Secret info be made available to citizens after 30yrs
  • but in india, certain info never made public

Response of Govt

• rejected recommendations
• argued only 3% info is part of OSA

What should be done?

• realize objectives of complete transparency in administration OSA should be removed and replaced with National Secrets Act
• top secret info be made available after 30yrs