In an interview with Kavitha Alexis of CIOL, Habibullah speaks
about India's Right to Information Act, its implication to the Indian citizens
and the role of information communication technology. Excerpts:
What are the implications of RTI Act on the Indian democracy?
The Indian RTI Act 2005 is one of the most advanced Right to Information
legislations in the world. The Act is based on the principle that all government
information is the property of people. It takes democracy to the grass root
level and is also a step towards ensuring participatory governance in the
country. RTI Act is a source of strength for all Indians as it would ensure
timely response to their information needs on government functioning and lead to
greater transparency in governance.
How advanced is RTI Act 2005, compared to such legislations across the
world?
Across the world, 56 countries have some form of legislation on Right to
Information. Our Act has taken a more democratic approach in imparting
information to the people. It vests ultimate authority on the central
information commission (CIC), constituted by the central government. Citizens
can directly approach the CIC for appeal. The US Freedom of Information Act
enacted in 1966 mandates citizens to approach a federal court if access to
information is denied. In UK too the procedure is very complex. The Indian RTI
Act is more based on the Canadian pattern, which has a central structure in
which the final authority rests with the information commissioner.
In India, the Act provides autonomy to the information commissioners who are
not subjected to any directions from any other authority. It mandates the
central and state public information officers to provide timely and accurate
information to the citizens, failing which they are liable to penal action.
Article 19 (1) of the Indian constitution speaks about Right to Information
as part of our fundamental right. Why did it take so long to enact legislation
on this?
The RTI Act went through an evolutionary process. After independence, we
followed the colonial Official Secrets Act, which imposed restrictions on
disclosing information to the citizens. However, the effort towards enacting RTI
legislation started long back and gathered momentum in the 1990's. The present
RTI Act 2005 follows the Freedom of Information Act of 2002.
How relevant is IT in enabling citizens to exercise their information
right?
Information Technology is a key tool to ensure that the citizens have access
to any relevant information that they seek. Computerisation of records and use
of Internet are specified in the Act.
To start with, all offices of government are to have websites with relevant
information. Most of the government departments are working towards this.
Ministry of panchyati raj is setting up e-panchayats to reach information to the
grass root levels. There is continuous effort from department of information
iechnology in spreading the use of IT. Community information centres (CICs) are
being set up across the country. The knowledge commission under Sam Pitroda and
the MS Swaminathan Research Foundation are also putting in their efforts to
disseminate information.
An RTI oortal developed by National Informatics Centre (NIC) is also getting
ready for the citizens to do quick search of information put up by various
government departments.
All said, much more has to be done in ensuring people's access to
information, as majority of Indians do not have access to Internet.
How important is IT for the information commission to simplify its
processes?
Going through the archived physical records is a tedious task for the
information commission. Digitization of all government documents is very
important to address the information needs of citizens. Digitization of records
being undertaken by government departments is a key effort in smoothening the
process of the commission. Easy access to files will ensure speedy redressal of
citizens' grievances with regard to their information rights. Central
information commission has set up a website www.cic.gov.in, where all the
information pertaining to the information commission can be accessed by public.
What is the role of NGOs and government authorities in ensuring RTI?
The RTI Act 2005 is a product of the efforts made by Mazdoor Kisan Shakti
Sangathan, (MKSS) an NGO based in Rajasthan. Though the Act is in place today,
the awareness levels of the people is very less. More has to be done on this
front. Only a few states, where NGOs are working closely with rural population,
have people exercising their right to information. More NGOs should come up to
create awareness about RTI.
The states governments have a big responsibility to create awareness in their
respective states. The RTI Act mandates the governments to develop educational
programmes for awareness creation, to promote timely and accurate information by
public authorities. They should also empower the NGOs to take up the cause.
Training for central and state public information officers (PIO) are also
important to ensure the reach of information to the grass root levels. The
centre for good governance in Hyderabad is imparting training to PIOs.
What are the challenges faced by information commission in its effort to
honour the Right to Information needs of the citizens?
The central information commission is a young establishment set up after the
enactment of the RTI Act in October 2005. At present, we are located in Delhi
and are mandated to take up citizens' queries and complaints from all over the
country. So giving access to people is tough. However, we are working on an
institutional framework, which would simplify our processes and make the
information commission more effective.