Strengthening RTI Act with practical reforms

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Strengthening RTI Act with practical reforms

Saturday, 12 October 2024 | Subhash Chandra Agrawal

Strengthening RTI Act with practical reforms

As the Right to Information (RTI) Act completes 19 years, it is time to amend the rules and expand its scope to ensure it continues to serve its purpose effectively

The Right to Information (RTI) Act, implemented on October 12, 2005, marked a monumental step toward government transparency and accountability in India. Over the years, the Act has been instrumental in exposing corruption and various scams, empowering citizens to demand information from public authorities. However, while the Act has undeniably brought about significant reform, certain amendments to the RTI rules—not the Act itself—are necessary to prevent misuse, streamline the process, and reduce the burden on the courts.

Addressing Misuse and Unnecessary Litigation

One of the key challenges facing the RTI framework today is the misuse of the system by individuals and groups, often leading to unnecessary appeals and challenges in courts. The Central Information Commission (CIC), tasked with handling RTI appeals, is often burdened by frivolous cases that clog the system and delay the resolution of genuine complaints. Amendments to the RTI rules, particularly in the area of public-private partnerships (PPPs), sports bodies, and cooperatives, could alleviate some of this pressure.

By declaring PPPs, sports bodies, and cooperatives as public authorities under the RTI Act, a significant amount of time and resources could be saved. These entities often handle substantial public funds, and their exclusion from RTI coverage has raised questions about transparency. Including them under the Act would not only enhance accountability but also reduce the number of cases that reach Information Commissions and courts, streamlining the entire RTI process.

Bringing Government Allotments Under RTI

A critical area that requires attention is the issue of government land and accommodation allotments. Many government-owned properties are allotted at subsidised rates, often raising concerns about favouritism or corruption. To address this, all such allotments should be brought under the purview of the RTI Act. Moreover, future allotments should be made conditional upon compliance with the Act, ensuring that beneficiaries are transparent about the process and accountable to the public. This move would further reduce the burden on Information Commissions, as it would discourage non-compliant beneficiaries from evading public scrutiny. It would also provide citizens with a tool to question and monitor how public resources are being allocated, contributing to more transparent governance.

Streamlining High Offices’ RTI Applications

High offices such as those of the President, Prime Minister, and Chief Ministers often receive RTI applications that may not be directly related to their functions. To improve efficiency, these offices should only address RTI applications that pertain specifically to their roles. Any other applications should be returned to the applicant, along with advice on which department or authority they should approach instead. This measure would reduce the workload on these high offices while ensuring that citizens receive the information they seek from the correct sources.

Bringing Private Sector Banks Under RTI

The financial sector has long been an area where greater transparency is needed, particularly in light of recent scandals and issues of financial mismanagement. While public sector banks are already subject to RTI, the private sector remains outside the Act’s purview. This is a matter of concern, given the extensive use of public funds by private banks and the critical role they play in the economy. To address this gap, private sector banks should be brought under the RTI Act. This would allow citizens to seek information about their financial practices, thereby increasing accountability in the sector.

Standardising RTI Fees and Preventing Misuse

Another issue that plagues the current RTI framework is the inconsistency in application fees across states. RTI fees should be standardised nationwide at Rs 50, which would cover the cost of 20 photocopied pages. Furthermore, no fees should be charged for appeals. These changes would simplify the process for citizens and eliminate confusion regarding varying charges in different states. However, there is also a need to address the misuse of free RTI applications by certain vested interests. For instance, contractors have been known to exploit Below Poverty Line (BPL) workers by having them file RTI requests on their behalf, thus avoiding fees. To prevent this, the free provision for BPL applicants should be limited to 20 pages.

Any additional pages should incur a nominal charge, ensuring that the system is not abused while still providing free access to information for genuinely disadvantaged individuals.

Enhancing Accessibility and Digital Integration

To further streamline the RTI process, post offices across the country should accept post-free RTI applications. This would make it easier for citizens, particularly those in rural areas, to file applications without worrying about postage costs. In addition, a mandatory requirement for ID proof, as seen in states like Punjab and Haryana, should be implemented nationwide. This would prevent misuse of the RTI system and ensure that applications are being filed by genuine individuals seeking information.The introduction of online RTI portals has been a positive step in recent years, but there is still room for improvement. All states should adopt the National Informatics Centre (NIC)-designed RTI websites, which allow for greater standardisation and ease of use. These portals should feature auto-emailed responses and alerts, keeping applicants informed of the status of their requests. Moreover, outdated state-specific RTI laws, such as the Delhi RTI Act, should be repealed in favor of the national RTI Act to ensure uniformity across the country.

(The writer is a RTI activist; views are personal)

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