Orissa Review * November - 2006
RIGHT TO INFORMATION - A STUDY
The Right to Information refers to the right of In this direction the union
every citizen of the state to access information government recently enacted the Freedom of
under the control of public authorities InformationAct 2002. Despite the right to
consistent with public interest. The main information bill having received presidential
objective of providing information is not only approval seven months ago, citizens may have
to promote openness, transparency and to wait some time, before they can exercise their
accountability in administration but also to right to access government files, as the
ensure participation of people in all the concerned authorities are yet to set a
matters related to Governance. Right to timeframe for framing the rules. Some states
Information is a very effective tool in the hands of like Goa, Tamilnadu, Karnataka, Rajasthan, Delhi
citizens to make the objectives of Good and Maharashtra have also passed Right to
Governance (SMART) realizable. information laws, how ever there is criticism
that the working has not been satisfactory.
Right to access information held by
public bodies is a fundamental human right, THE NEED FOR RIGHT TO
protected under constitutional law of India. It INFORMATION
is accepted by supreme court that Right to (a) Ensures people's participation
information is an inherent part of Right to
Since most of the governmental
Freedom of Speech and Expression under
works are carried out for the people, people
article 19(1)(a) and the Right to Life and
must be involved in the planning process and
Personal Liberty under article 21 of the
must know exactly how things are being done.
constitution. But then, the question arises why To participate in planning processes and
we need a separate law for freedom of judgment of whether certain plans and
information when there is a constitutional schemes are useful for them or not, people must
provision. In spite of Constitutional have sufficient information about the nature of
Provisions, Which guarantee fundamental rights the projects and programmes. This will enable
we have not been able to create a culture and them to give their opinion well in time for
climate where values of freedom, rights and a required changes or modifications. This will
democratic way of life are respected. One of reduce project costs and will increase project
the purposes of making laws like the right to outputs manifold.
information, which is primarily a human right,
is to help create this culture. Hence Right to (b) Ensures Principle of accountability
Information must be guaranteed by a strong Ours is a democratic system of
legislation and the process of law-making itself governance in which the government is run
must be participatory. for
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Orissa Review * November - 2006
the benefit of the public at large and not for is the lack of transparency regarding selection
the benefit of one person or a few persons. for public posts. The selection of
Governance from the village to the central inappropriate employees in to the
level therefore has to be accountable to the government adds to the inefficiencies and ills
people. People have a right to know what the
in the government. The right to information is
government is doing. A Right to Information
therefore important to check abuse of
will ensure that people can hold public bodies
administrative discretion and to ensure fair
accountable on a regular basis, without
process.
having to lay the entire burden on their
elected representatives who are themselves (e) Protects the Civil Liberties
often unable to get the information sought in The right to information is essential
spite of all the resources at their command. for protecting liberties of citizens by making it
(c) Transparency easier for civil society groups to monitor
There is a presumption that everything wrongdoings like custodial deaths and the
that is done by the government is done for the abuse of preventive detention legislation.
public good-which means, it is done to Custodial institutions are some of the most
further the objective of public well-being, is opaque places in the country. Violations in
done honestly with optimum benefits from custody range from deaths in custody,
the funds used. However, as we all know, in keeping convicts in jail long even after they
recent times, this presumption has been have served their sentences, and abuse of
eroded to a great extent by misuse, women. Effective community monitoring of these
misappropriation and also careless use of public institutions is dependent upon access to
funds. To counter this, it is essential that there information. Some government are even
should be complete transparency in all considering providing the right to
public dealings. This is bound to bring about information explicitly in relation to prisons.
a more careful utilization and application of (f) Effective and Proper Implementation of
funds. Transparency will also help people to
Schemes of Government
hold the officials accountable for their
mishandling of public time and money. In rural areas, numerous schemes for
Transparency would go a long way in helping providing food, housing, employment and
to expose the corrupt and allowing the honest to education are run by the central and state
do their jobs without fear or favor. government. These schemes are meant for
(d) Limiting the discretion powers given the poorest of the poor in the rural areas.
to Officials There is wide spread criticism that these funds
have been routinely misappropriated or
Officials can abuse their discretion to suit misused on a large scale. In most cases,
various political or other vested interests, as people do not know about the existence of
well as to misappropriate funds. In absence these schemes, even if they know they do not
of legislation on Right to information they tend get their entitlements under the scheme,
to be hidden from disclosure. Although it is paving the way for them to accept less than
possible to seek the court's intervention to
their allocation. Furthermore, records are
compel disclosure of this information, in
often tampered because no one outside the
practice this is not possible for poor people or
administration has access to them. By providing
villagers, given the cost, distance and delays
entire information on these schemes to the
involved. Another problem
public would make the administration more
accountable.
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Orissa Review * November - 2006
(g) Makes media more effective Convention on Human Rights (ECHR)
Even if the government provides for which guarantees freedom of expression and
the right to information, the citizens resort to information as a fundamental human right in
media like newspaper, radio, television etc Article 10. In US in 1985, the Inter-American
for day to day information about government Court of Human Rights, interpreting Article
activities The media provides a link between the 13(1), recognized freedom of information as a
citizens and its government. So, it is essential fundamental human right which is as
that media is able to access information. The important to a free society as freedom of
media's right to information is not a special expression.
privilege but rather an aspect of the public's right In a number of countries, freedom of
to know. The lack of a right to access official information, including the right to access
information causes many problems for the information held by the State, has been
media. Balanced reporting becomes difficult recognized at the constitutional level, either by
when the primary sources of information are courts which have interpreted general
denied. In absence of exact information, guarantees of freedom of expression as
they provide biased news, suppressing or including it, or through specific constitutional
distorting information. By providing right to provisions recognizing it.
information, media and citizens would Now, over 40 countries have
together make the government more comprehensive laws to facilitate access to
accountable. state records; over 30 more are in the process
GLOBAL PERSPECTIVE of enacting such legislation. In Western Europe,
only Germany and Switzerland lack legislation.
Freedom of information, including Nearly all Central and Eastern European
the right to access information held by public countries have adopted laws as part of their
bodies, is protected under international and democratic transitions. Almost a dozen Asian
constitutional law. Authoritative statements and countries have either enacted laws or are in the
interpretations at a number of international process of doing so. Similarly, in South and
bodies, including the United Nations (UN), the Central America, several countries are
Commonwealth, the Organization of considering laws. Many countries in
American States (OAS) and the Council of southern and central Africa are following
Europe (CoE), as well as national South Africa's lead, with varying proposals
developments in countries around the world, for formulating freedom of information laws.
amply demonstrate this.
In Asia, Philippines recognized the
In 1946, during its first session, the right to access information held by the State
UN General Assembly adopted Resolution relatively early, passing a Code of Conduct
59(1) which stated "Freedom of information and Ethical Standards for Public Officials and
is a fundamental human right and the Employees in 1987. A Code on Access to
touchstone of all the freedoms to which the UN Information was adopted in Hong Kong in
is consecrated". The importance of freedom of March 1995, and in Thailand, the Official
information, including the right to access Information Act came into effect in December
information held by the State, has been 1997. In South Korea, the Act on Disclosure
recognized by the Commonwealth for more of Information by Public Agencies came into
than two decades. The Council of Europe effect in 1998, and in Japan, the Law
(COE), an intergovernmental organization is Concerning Access to Information held by
composed of 43 member states. One of its Administrative Organs was enacted in April
foundational documents is the European 2001.
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Orissa Review * November - 2006
Despite this global recognition of the The rapid proliferation of freedom of
fundamental right to information, to date no information laws in countries in all regions of
State in SouthAsia has a nationalfreedom of the world is a dramatic global trend and one
information law giving practical effect to this of the most important democratic
right. However, change is now very much on the developments of recent times. The use of the
agenda. Superior courts in some countries in right to information will be able to contribute
South Asia have recognized the right to to solve many social and cultural problems of
information as part of the constitutional the countries like India as it is one of the main
guarantee of freedom of expression or thought. human rights that protect and develop the
Civil society groups in all countries in the human life.
region are demanding that governments POSITION OF INDIA AND INDIAN
respect the right to information, and pass STATES REGARDING LEGISLATION
legislation giving effect to it. These groups ON RIGHT TO INFORMATION
have the support of global civil society, as well
The passage of the much awaited
as of many intergovernmental organizations Freedom of Information Bill-2002 is an important
and the international community generally. landmark in the history of Indian democracy.
They are also deriving increasing support from The Bill grants statutory right to the citizens to
the people, who are no longer prepared to access information from the Government. The
tolerate corrupt, undemocratic, secretive legislation is in accord with both Article 19 of
government. the Constitution as well as Article 19 of the
Governments in SouthAsia have Universal Declaration of Human Rights. With
started to respond to these pressures, and take the passage of the Bill, India is now among the
on board the global recognition of the right to 20 countries to have legislated a measure,
information. Indian Parliament has already which is in the direction of providing
enacted Right to Information Act and several transparency, openness and accountability in
government functioning. Despite the right to
Indian States have already adopted freedom of
information bill having received presidential
information laws or orders. In Pakistan, a
approval ten months ago, citizens may have to
Freedom of Information Ordinance was wait some time before they can exercise their
introduced in 1997, but allowed to lapse right to access government files, as the
shortly thereafter. A similar Ordinance was concerned authorities are yet to set a
circulated in 2000, but failed to become law. In timeframe for framing the rules.
both Nepal and Sri Lanka, there has been some
In Indian context, there are essentially
official acceptance of the need for legislation
two types of information
and it is hoped that developments currently
underway will lead to the adoption offreedom of * information to which access must be
information laws. given upon request; and
September 11 attacks have actually led * information which must be published and
some countries to limit information access. disseminated suo motu (proactively) by public
The restrictions have been most profound in authorities, including information which would
the United States and Canada where affect fundamental rights such as food,
environment and civil liberties.
proposals to limit national and local freedom of
information acts have been adopted. In the UK, The Freedom of information Bill, 2002
implementation of the long-awaited provides both information upon request and
information act has been delayed until 2005.
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Orissa Review * November - 2006
proactive publication of certain information private bodies executing government works.
in chapter II called Freedom of Information Despite tall claims made by the State
and Obligations of Public Authorities. A government regarding transparency and
government sharing information proactively, openness to strengthen democracy, Goa Act
without being asked for it, is a true indication also ironically contains several peculiar
of a democratic and transparent society. It provisions, which allow the State to withhold
marks a paradigm shift from the culture of information without sustaining reasons for it. The
secrecy to transparency. This proactive role of Act needs further clarification on the vague
the state is of special significance to a society exemptions mentioned in it. It was also not
like ours, where due to social and educational clear as to who would be the competent
reasons, many people are not able to exercise a authority to furnish the information. Another
right provided to them. major weakness is that it has no provision for
Important state initiatives pro-active disclosure by government.
Inspired and encouraged by the Karnataka: The Karnataka Right to
exercises taken up by the Press Council of Information Act (KRIA) was enacted in 2000,
India, Working Group and the Central and came into effect in July 2002 when the
Government, the State Governments also Rules were notified. KRIA requires that once the
yielded under popular pressure and started Competent Authority receives an application
preparing draft legislation on Right to under KRIA and if information is being
Information. A number of states have provided, the applicant must be informed of
already introduced the Bill on Right to the fees payable within 7 days from date of
Information, many even before the union has application. The information must then be
enacted its law. provided within 15 working days from date
offee payment. If information is being denied, the
Tamilnadu : Tamilnadu was the first state to
applicant must be informed of reasons for
set an example byintroducing the Right to
denial within 15 working days from date of
Information Act on l7thApril, 1996. The Bill
application. In addition, all offices of public
was modeled on a draft legislation
authorities are required to display
recommended by the Press Council of India.
information regarding particulars of the
The enacted legislation was full of exemptions
organization, its functions and duties, details of
and inadequacies, so it has failed to evoke
facilities available to citizens for obtaining
much response from the public and devoted
information on notice boards outside their
NGOs and other concerned activists.
offices. The findings revealed that in cases where
Tamilnadu, the first State of India to pioneer
information has been provided, the applicants
the enactment of such a 'progressive'
had to engage in constant follow- up indicating
legislation, has clearly borne out : a Right to
that systems for implementation of KRIA have
Information Act, if not properly formulated
not been set up in the pubic authorities.
following a thorough- going public debate,
might turn just into its diametrical opposite i.e. Delhi: The Government of Delhi has enacted
Right to No Information Act. Frontline" editor the Delhi Right to Information Act, 2001.
N. Ram observed that the Tamilnadu The Act has come into force with effect from 2
legislation, in its prelude, made all the right October, 2001. This law is along the lines of
noises. It was the catalogue of exceptions the Goa Act, containing the standard exceptions
carried in fine print that made the' act an and providing for an appeal to an independent
uninspiring model for others to emulate. body, as well as the establishment of an
advisory body, the State Council for Right
Goa: Goa was the second State to enact the
to Information. Many
Right to Information legislation. The act also
applies to
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Orissa Review * November - 2006
departments of Delhi government have been Maharashtra: The Maharashtra assembly
brought under the purview of this Act through recently passed the Maharashtra Right to
a notification. In each Department, one officer
Information (RTI) Bill, following sustained
has been designated as a competent authority.
pressure from social activist and anti-
Under this Act, any citizen can approach the
competent authority in any of these corruption crusader Anna Hazare. The
departments and seek any information on the Maharashtra legislation has been called the
activities of that department and take copies of most progressive of its kind. The Act brings
documents with some exceptions from the not only government and semi-government
civic body after paying a nominal fee. The bodies within its purview but also state public
corporation has to provide it within amonth, sector units, co-operatives, registered
failing which the concerned officials could be societies (including educational institutions)
penalized and are liable to pay Rs.50 per day and public trusts. It provides that Public
for any delay beyond 30 days, subject to a Information Officers who fail to perform their
maximum of Rs.500 per application. It is also duties may be fined up to Rs.250 for each
clearly stated that wherever the information day's delay in furnishing information. Where
is found to be false or has been deliberately an information officer has wilfully provided
tampered with, the official would face a incorrect and misleading information or
penalty of Rs.1,000 per application. information that is incomplete, the appellate
Rajasthan: After five years of dithering, the authority hearing the matter may impose a
right to information act was passed in 2000. fine of up to Rs.2,000. The information officer
The movement was initiated at the grassroots concerned may also be subject to internal
level. Village-based public hearings called Jan disciplinary action. The Act even provides for
Sunwais, organised by the Mazdoor Kisaan the setting up of a council to monitor the
Shakti Sangathan (MKSS), gave space and workings of the Act. The council shall be
opportunity to the rural poor to articulate their comprised of senior members of
priorities and suggest changes. The four government, members of the press and
formal demands that emerged from representatives of NGOs. They are to review
these Jan Sunwais: the functioning of the Act at least once every
1) Transparency of panchayat functioning; six months. Exclusion clauses have been
2) accountability of officials; 3) social audit; reduced to barely ten.
and
4) redressal of grievances. The Bill as it was 5. CONCLUSION
eventually passed, however, placed at least Information is indispensable for the
19 restrictions on the right of access. Besides functioning of a true democracy. People have
having weak penalty provisions, it gives too to be kept informed about current affairs and
much discretionary power to bureaucrats. broad issues on political, social and economic
Despite this, at the grassroots level in front. Free exchange of ideas and free debate
Rajasthan, following systematic campaigns are essential for a democracy like India. In
waged by concerned groups and growing this Age of information technology, Right to
people's awareness of their own role in Information is a critical factor in ensuring
participatory governance, the right to country's socio-cultural, economic and political
information movement thrives, it was the development. In a fast developing country
Jan Sunwais that exposed the corruption that
like India, availability of information needs to
pervaded several panchayats and also
be assured in the fastest and simplest form
campaigned extensively for the right to food
possible.
after the revelation of hunger and starvation-
related deaths in drought-ravaged districts. However in India the free flow of
information is restricted due to
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Orissa Review * November - 2006
1) The legislative framework includes The essential requirements of
several pieces of restrictive legislation, such as the legislation on right of access to information
Official Secrets Act, 1923. Although the which is in the possession of the state are
union government and some state
governments have made legislations regarding 1. a right of access which is broadly
right to information, most states governments defined and extends to all the organs,
still lag behind. agencies, or departments of the state;
2) The pervasive culture of secrecy and 2. a narrow definition, in precise and
arrogance within the bureaucracy. specific language, of the exemptions to
the right of access;
3) The low levels of literacy and rights
awareness amongst India's people. 3. statutory language which makes clear
that access is to be the norm, and
So the first step in making right to exemptions are to be resorted to only
information realistic would be to have a in exceptional cases;
comprehensive legislative frame work at both
union and state levels. Only making the 4. speedy processing and disposition of
legislation will not do justice to the information requests for access;
seekers unless it is implemented with strong 5. independent review of denials of access;
conviction. Laws by themselves are not
adequate. What is needed is that such 6. minimal or no fees or other charges for
progressive laws must be backed by people's the processing of documents requested.
movement. Alaw for right to information or 7. The creation and training of a cadre of
Freedom of Information can be made effective officials to assist persons making
only through people's active involvement. access requests;
There is a view that there are many 8. Wide publicity about the right ofaccess and
pre- conditions which are related to economical, explanation of the procedures to be
social, cultural and political development for followed.
realizing the right to information in a developing
country. And unless a country has solved the
main problems like hunger, education, health,
social security and political freedom, it is not
possible to realize the right to information.
However there is no harm in passing legislation
on Right to information so that the legal pressure (Courtesy : RTI Cell YASODA)
is maintained on the government officials to
provide information even if asked for by an
elite group of people.
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