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Friday, May 06, 2005

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Giving people a right to information

G. Srinivasan

FIFTY years after the country gained Independence, India's citizens can confidently hope to secure access to information under the domain of public administration.

The United Progressive Alliance Government took this first significant step by annulling the existing Freedom of Information Act, 2002 and enacting a new legislation — the Right to Information Act, 2004. The new nomenclature is in keeping with the avowed democratic credentials of the world's largest and practising democracy.

The Cabinet gave its nod for setting up Information Commissions in the States and the Union Territories and creating posts for manning these Commissions to purvey information to citizens.

For the fourth estate — the watchdog of a free society preserving and protecting the rights of the people however low in the hierarchy, and exposing the peccadilloes of persons however highly they may be are placed — the Right to Information Act, 2004 may seem a dream come true. As professional journalists interacting with tight-lipped and sealed-mind bureaucrats, information gathering invariably descends to information wresting; often even the most innocuous information is refused on various grounds.

There are instances of political bosses, stung by adverse publicity, virtually ordering officials not to interact with the media. For two weeks in the run-up to the Union Budget 2005-06, North Block, headquartering the Finance Ministry, was barred for even accredited journalists. But this did not bar the business and economic dailies and magazines from publishing all sorts of "reliable" and "speculative" stories on the Budget.

For the common man, whose plight in eliciting information from public servants or administration on issues that have a bearing on their interests can be well imagined considering the helplessness of even seasoned journalists, the Freedom of Information Act, 2004 promises manna.

The Right to Information (RTI) Bill, on becoming an Act, would essentially require all departments and ministries (public authorities) to set up the requisite infrastructure to operationalise the proposed Act.

Unlike the Freedom of Information Act which left it open to the Central government to resolve the date from which the Act would come into force, the RTI stipulates that the new RTI Act would come into force on the 120th day of its enactment. Given the Government's stance that the RTI Bill is to be brought up for consideration of Parliament in the current session itself, the Bill shall become an Act before long, leaving just four months to set up the requisite infrastructure.

Small wonder that the Ministry of Personnel, Public Grievances and Pensions has swung into action with alacrity directing all the Secretaries to the Government of India to "gain valuable lead time in complying with the mandatory provisions" of the proposed RTI Act by setting up at least a part of the infrastructure such as preparing manuals, appointment of Public Information Officers (PIOs).

It is interesting to note that a PIO who fails to provide information without any plausible cause within the specified time span would be liable to punishment.

This sounds incredible but given the experience of journalists who invariably find resistance, reluctance and even rejection from public servants while gathering information, the new law will hopefully make them more tolerant and less belligerent.

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