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| The most powerful right | | | THE right to information is the best news for the citizens of this country. Each of us has a duty to read the law, understand it, share the information with friends, speak about it in organised forums, educational institutions, associations or groups and the offices we work in. This is a must.
All training hereafter ought to include knowledge about the Right to Information Act or else it will result in ignorant employees committing mistakes which could have been prevented. This would also be a poor reflection on supervision and leadership capabilities.
The vital clauses which persons in position of responsibility must know that the citizens under this law (a) have the power to inspect works, documents, and records, (b) take notes, extracts, or certified copies of documents and records, (c) take certified samples of material, (d) obtain information in form of print outs, diskettes, floppies, tapes, video cassettes or in any other electronic mode or though printouts.
Hence, information means any material in any form. Namely, records, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, samples, models, data material, held in any form etc…
Any information which does not compromise security and integrity of the country or information which would not impede the process of investigation, apprehension or prosecution of offenders, has to be provided for or refused within 30 days…And if it is concerning life and liberty then information has to be given within 48 hours. Every day of delay within the Act is punishable incrementally.
Let me frame just a few questions as an illustration for the citizens regarding policing: How many policemen are sanctioned for their area? What is the security plan for their neighborhood? Do they have any specific plan for the senior citizens of the area? If so, what are the details? By when will a particular nuisance, may be it is a case of noise pollution (if reported) be removed? Why did it take so long? (If it did) etc.
People may have similar questions concerning civic authorities or other essential services or government agencies, which they may be unhappy with and want to see remedied.
The RTI Act has empowered ordinary citizens to ask for even basic information which they could never get before. Therefore, how will they seek information if they do not know their rights? Hence, creating awareness is very important. The more aware and informed the citizen, the more responsive or careful the official will be.
This new development is a culmination of very painstaking, thoughtful, dogged and relentless effort spread over last 16 years by concerned citizens of this country. Initial efforts to formulate legal right to information began in 1989. The first draft of the ‘right to information’ was attempted in 1995. Since then, the process gathered all round momentum. It co-opted all sections of society, rich, poor, rural, urban, men, women, educated or not, to stand up and be counted. The print and visual media played the catalyst role of transmitters and campaign managers with amazing persistence and space.
In the process, the movement for right to information brought to the country many more Magsaysay Awards — Arvind Kejriwal being the latest, while having already amidst themselves, Magsaysay Awardees, Sandeep Pandey, Aruna Roy and Anna Hazare, who spearheaded a fast unto death if the ‘notings on file’ were not considered integral to the Right to Information Act.
Notings on file reflect all considerations and decisions recorded on the file concerning a particular issue. It clearly reveals who wrote what. On which date? And in what context? The persons may go or retire but the reasoned file notings speak for themselves, years on. These sheets of paper have a very long span of life.
Smart office hands play smart games with not so smart seniors. They may put up part files; not quote the rules correctly; not make the notes properly as proper reference; not enclose the annexures; including the original rule or an earlier decision or the prevailing policy or duly flag them for quick reference; or omit a reference to an earlier decision; suppress information to get a contrived decision based on inadequate information before the senior. Any of such ways are possible and happen all the time. Seniors who are hard pressed for time tend to rely on notes and propositions as they are proposed at that time. It calls for very alert ‘reading’ to ‘read between the lines…’
Alongside the development process what is most evident from reading file notings is the speed at which the case is disposed of. How long each person takes to initiate the file? Who sits on it and for how long? All these notings are valuable information for vigilant citizens as well as good supervisors and effective managers.
If these are in the realm of public domain or information, it will naturally pose a great challenge for any office hand. He will not be able to get away with merely pushing files anymore. This is because notings will clearly reveal who merely pushed and who did not? Who procrastinated and who was decisive? Who went by the rules and who did not? Who was being dynamic and who a mere pen pusher? Who was applying his mind and who merely endorsing? Who was doing justice and who was not?
The days of fault finding and helplessness should be left behind. Responsible and accountable rule-based governance can be here. It depends on the maturity of both sides. Both will need to exercise this new-found responsibility fairly and intensively as partners and not adversaries. It’s time for both to take charge. |
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