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The Right to Information Act (RTI) can be used in different ways not only to expose corruption in government offices

and public sector enterprises but also to force private NGOs and societies under Section 2(f) of the act to cough up information. Using the tool, noose can be tightened around those private agencies that try to fool people in the name of being associated with government-sponsored schemes. The option available in the act was utilized by oneVikas Sinha of Ranchi who applied for job in response to an advertisement published in a vernacular daily by Vikas Evam Kalyan Samity. Suspicious about the nature of the NGO, he filed an RTI application with the office of Ranchi deputy commissioner that resulted in a full fledged inquiry and exposure that the NGO was registered with Bihar government and had no association with Jharkhand. It still invited application for 455 posts under the so-called scheme, Jharkhand rural livelihood scheme, offering salary between Rs 6000 and Rs 12,000 for different posts. The application and inquiry constituted thereafter not only forced the NGO to pack up but the members involved were forced to return cost of application form (Rs 200 each) to all 200 applicants who had applied by the time the irregularity was exposed. Sharing this incident at the two-day regional seminar organized by Media Information and Communication Centre of India (MICCI), Friedrich Ebert Stiftung (FES), Federation of Jharkhand Chamber of Commerce and Industries (FJand the Jharkhand RTI Forum here on Sunday, Sinha insisted to better understanding of the act and its proper use to drive out corruption and cheating. The seminar, "RTI: A potent weapon against corruption", aims at experience sharing and discussion on various ways of using provisions of the act in everyday life. Welcoming the delegates, Jharkhand RTI forum president Balram said that people have to understand and use the act because it still remains confined to the activist and has not been weapon of every ordinary man. "We are making efforts to explain to them the easy ways and applicability of the act besides sensitizing departments to come up for educating people about their rights," he said. FES India senior adviser Rameshwar Dayal said that the concept of RTI originated in Germany and given the success of the act it is now being used by citizens in 120 countries. RTI activistNandini Sahay who remained associated with the movement for legislating RTI since 1995 said that the form of act adopted in India is one among the best because it has penal provisions for the official delaying or denying information to the seeker. As director of MICCI, she has been associated with awareness drives and sharing success stories of the act. She also hailed Jharkhand RTI Forum's idea of felicitating the commoners who have made best use of the act in betterment of individual or society. The platform was used to announce names of all 26 RTI champions who have been selected for the RTI-2012 awards. RTI can help politicians, Govt to be accountable RANCHI - The effective and prudent use of Right to Information Act (RTI) can make the politicians and the Government accountable if it is used properly by the citizens, MICCI director Nandani Sahai said while addressing a two-day seminar at FJCCI. To review the practical implications of RTI for better governance and the use of the Act by the common people and media a regional seminar was organised on Sunday jointly by

Media Information and Communication Centre of India (MCCI), Friedrich Ebert Stiftung (FES), Federation Jharkhand chamber of commerce (FJCCI), and Jharkhand RTI Forum. Discussions were carried on proper implication of RTI Act that would eradicate corruption from the society and bring transparency in the working of the Government. Addressing people at the seminar Jharkhand RTI forum president Balram said, RTI is the most potential weapon against corruption and through its wise use it can be helpful in eradicating the seed of corruption from the society. Near about 25 citizens were awarded with Lalit Bajla RTI award for successfully using this weapon bringing a drastic change in the system. Sahai in her keynote address said, RTI movement started at the grass-root level in India. It should have been come earlier. Suggesting bringing certain changes in the Section 4 of the Act she said, There should be a provision to impose penalty on the public authorities who do not take a suo motto action to reveal their workings on websites. Sahai added, RTI is the movement for life and livelihood but the thing is that it should not be misused in any way. The seminar was attended by Rajeshwar Dayal, senior advisor, FES-India, Prof Santosh Kumar Tiwari, central university, SB Gadodia, Ex-advocate general, Jharkhand, Sajjan Sarraf, president FJCCI, and session co-coordinator Vishnu Rajgadia. The main purpose of the seminar was to focus on the effective use of the act for good governance and to bring transparency in the working of the Government.

You Can Kill Corruption with RTI too, Lokpal Not the Only Way
By Sabir Ahamed

There is a loud cry all around demanding strong Lokpal bill to curb corruption. Not denying Lokpal's significance, RTI activist Sabir Ahamed says that RTI is a tool stronger than any ombudsman and has all strength to fight corruption. All we need to do is, sharpen it and use to its optimum The dust around enactment of Lokpal bill has settle down, but the ugly head of corruption still held high in India. Although corruption was one of the biggest issues in the recently concluded state elections, who can guarantee that curbing corruption wouldn't occupy space in periphery when the political parties own the election. What we seem to be completely ignoring at this crucial juncture is the Right to Information (RTI) Act 2005, which is of utmost importance for maintaining transparency in governance. There should be a healthy dialogue about how to strengthen the provisions of the RTI Act along with stress on having a strong Lokpal Bill. Right to Information Act 2005 was aimed at curbing the corruption and Lokpal Bill is

certainly also a remedy. In many ways a proper use of RTI can be a tool stronger than any kind of Ombudsman which the Lokpal bill envisages. It gives the right to an ordinary citizen the strength to bring in transparency, question the role of officials and political executive and weed out corruption. Strongest Sword In many counts, RTI has emerged as the strongest tool to prevent corruption so far and the provisions of this bill are all encompassing. For instance, the Center has already pointed that Prime Minister should be kept out of Lokpal Bill. However the RTI acts does not make any such exception in terms of the office of Prime Minister and one can file an RTI to Prime Minister's office seeking information. In fact, in the last six years many instances of corruption have been exposed, and brought into the public domain by using the Right to Information Act. A Lokpal will only become important once the act of corruption has been committed and the corrupt needs to be brought to the book. But if we ignore the RTI Act and not press for more proactive disclosure we would still be far from our goal of having corruption-free governance. RTI adds Transparency to the System Along with a strong Lokpal what needs to be stressed is transparency in government by strongly implementing the provision of RTI, 2005. Reasons behind failure of the development programs are corruption, poor implementation and lack of people participation. On the other hand, proactive disclosure ensures openness, transparency and accountability in administration, by making government more open to continuing public scrutiny. The link between transparency and good governance is well espoused by Amartya Sen in his "Development as Freedom". According to Sen, "Transparency guarantees - the freedom to deal with one another under guarantee of disclosure and lucidity- has a clear instrumental role in preventing corruption, financial irresponsibility and underhand dealings". The first step of transparency is however engraved in the RTI Act l itself--- Proactive Disclosure. Section 4 of the RTI Act- provision for proactive disclosure- categorically states that "It shall be a constant endeavor of every public authority...to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. It requires all public authorities to routinely publish 17 categories of Information, which includes structure of the organization, welfare schemes and its beneficiaries, financial details of the scheme, and details of accessing information etc. The logic of the provision is based on the premise: some information is so useful and important to the community at large, that it should be given out regularly, without anyone specifically requesting it. The provision for proactive disclosure in the Act is sound, most critical and forward-looking

clause of the Act. With the implementation of this provision, the demand for information through application will be reduced. More importantly, all pervasive corruption can be tackled effectively. The culture of proactive disclosure can be found in the historical context of India: Ashoka, the first ruler in ancient India, championed the proactive disclosure of information. All his directives, orders and welfare schemes were inscribed on stone. They were located at strategic locations - religious places, crossing of important roads - where large number of people regularly gathered. They provided an opportunity to have a glimpse of welfare programs. Script was in local language so that everyone could understand. Gaps to be filled Six years after the RTI, Act came into being; the implementation of proactive disclosure of information remains elusive. A rough estimate suggests an overwhelming seventy percent public authority neither complies with section 4 of the RTI Act, nor makes information accessible. Hence most of the people are deprived of the awareness that they have the right to know. In states like West Bengal, which have the most dismal record in filling RTIs or getting proper reply for it, the clause of proactive disclosure remains remotely complied with. A cursory examination of government website also tells of a lackadaisical attitude towards duty to publish. In 2007, the Ministry of Panchyat and Rural department, West Bengal made some efforts to build a model of disclosure, but largely remains on paper. Often various explanations are given by the state and practitioners of RTI to explain gaps in RTI functioning. Subrata Kundu, a noted RTI activist, from Development Communication and Research Centre, found an inherent gap within the Act. In his view, "in order to catalogue the data and information, there needs to be a substantial amount of money. Till date, there has been hardly any budgetary allocation for keeping data in readily available form". Hence, the conventional arguments of lack of resources came into play. Another explanation is provided by Public Information officers (PIOs) who feel that infrastructural deficiencies come in the way of providing information proactively. Nandini Sahai, Director, Media Information and communication Centre of India, Goa a veteran RTI activist can't agree with the infrastructural deficiencies argument. She says "lack of political will is the main stumbling block in proactive disclosure". In addition, Kundu mentions that proactive disclosure ought to happen within 120 days of its enactment. But the Act remains silent if that has not been complying within stipulated time. Baggage to be shed The State's pre-occupation with secrecy is not new. The immense hangover of The Official Secret Act 1923- a colonial tool to create the difference between rulers and ruledoverwhelmingly looms over the bureaucracy- it promotes and sustains the culture of secrecy. Governments systems, build on the colonial official secret act, had made systematical attempt to withhold information in order to create a gap between ruler and

ruled, patronize corruption, denied various rights and entitlement to its citizens. To make democracy broad based, information on governance, public money, policies should be disclosed widely. Similarly citizens should demand for proactive disclosure by various departments as it is envisaged in the RTI Act. Responsibility lies with the political executive in the states to strive for transparency through public disclosure as per the provisions of RTI Act, 2005. In fact, at this opportune moment if the government decides to take things in the public domain, the departments' expenses, its loans, salaries, expenses of ministers, development plans. The cabinet decisions, minutes of meetings of every department all can be put on government websites as per the provisions of proactive disclosures. About the author: Sabir Ahamed is an RTI activist based in Kolkata. He can be reached at sabirahamed@gmail.com

Use RTI Act to weed out corruption


Special Correspondent The Hindu From NREGS, says Ashok Gehlot

JAIPUR: Rajasthan Chief Minister Ashok Gehlot has sought application of the Right to Information Act for elimination of corrupt practices in the much talked about National Rural Employment Guarantee Scheme.

NREGS is an excellent scheme. The country as well as the State cannot afford financial bungling and anomalies in such a vital scheme, he said addressing a meeting of District Collectors here. He was candid enough to accept that the nascent scheme was already afflicted with the malady of corrupt practices. What you have told the gathering here only confirms my notion on the existing corruption in NREGS, Mr. Gehlot said in his concluding address here after the District Collectors, the State Chief Secretary and Ministers of various departments placed their views.

When I was in the Opposition too I had been talking about corruption in

the scheme. About 10 lakh persons officially under the scheme must rather startling observation on the widely considered one of the better

out of the 40 lakh who got employment have been bogus, he said making a goings-on in a State which ironically is States in NREGS implementation.

In his first collective interaction with the Collectors after taking over as Chief Minister for the second time six months ago, Mr. Gehlot also conceded that NREGS had a bad start in Rajasthan. During the meeting, convened to brief senior district officials on linking the ambitious new Harit Rajasthan scheme with NREGS, Mr. Gehlot asked the Administration to implement the provisions of the RTI to bring about better transparency.

RTI brought marked decline in corruption in India: Study


Jaipur, Feb 1: Published by the Transparency International, India's corruption index showed a marked decline from 88 to 70th position. The single-most reason for the drop in corruption in government was attributed to the Right to Information Act. Right to Information (RTI) Act has served as a powerful weapon in fighting corruption which has shown a marked decline in the country, according to the latest Corruption Perception Index . Published by the Transparency International, India's corruption index showed a marked decline from 88 to 70th position. The single-most reason for the drop in corruption in government was attributed to the Right to Information Act. Mr George Cherian of the Centre for Consumer Action, Research & Training (CART) informed this at a semiar on ''One year of RTI in Rajasthan:Problems and possibilities'' here today. He said out of the 183 countries' corruption indices, India's index declined by 18 points compared to that in 2005 and the major reason attributed to this steep fall is the public scrutiny through Right to Information Act. Chief Information Commissioner of Rajasthan M D Kaurani, speaking on the occasion, emphasised the need for a separate executive wing and fund for

the commission to make the implementation of the law more effective. He said at present the Home department is entrusted with the responsibility of execution and it is one among many responsibilites with the Home department. Besides, there is no separate fund allocated for RTI. He said the Commission would soon launch a helpline in the state and added that ''though the significance of the law has been acknowledged, there is need to make it more powerful and effective with more fund and staff''. Mr Venkatesh Nayak of the Commonwealth Human Rights Initiative(CHRI) and Mr Nikil Dey of the Mazdoor Kisan Shakti Sangatan also spoke on the occasion.

Right to Information Act-A path leading to corruption free India

With the celebrating reverberations of the 4th anniversary of the Right to Information Act being heard across the country theres much more to hype on. The RTI Act which came into effect on 12th October, 2005 allowing every citizen to question the government, politicians and government officials was deemed to be one of the most effective instruments in our democracy. For setting out the practical regime of right to information for citizens so as to secure access to information under the control of public authorities and also in order to promote transparency and accountability in the working of every public authority the Central and State Information Commissions were constituted.

Under the RTI Act the responsibility of a public authority and its public information officers (PlO) is not confined to furnish the information asked for; but they also have to provide necessary help to the information seeker wherever necessary. While providing information or rendering help to a person, it is important to be courteous to the information seeker and to respect his dignity. This way RTI was meant to sweep the cobwebs of corruption away from Indias opaque governance bringing transparency and accountability.

But under the so called pompous Indian officialdoms ability to camouflage things within itself it would not be a news of great surprise that as per a study of National Right to Information Awards Secretariat a person has only a 39 percent chance of getting information sought under the highly glorified Right to Information Act (RTI). Various reasons tantamount to fabrication are often cited for not revealing the information by those who feel that their reputation could be sullied by the RTI Act. As the Public Information Officer (PIO) and the First Appellate Authority are from the same public authority and there isnt much difference in the echelon of the designations therefore the chances of getting the information in a prevaricated manner cant be ruled out.

The much hyped RTI Act has no doubt some flaws within. The maximum time limit of 30 days each given to the Public Information Officer (PIO) and the First Appellate Authority leaves the information seeker with Hobsons choice of waiting for the reply till the stipulated period expires. The concerned officers who are bound to provide the information under the RTI Act but do not do same or who reply in a prevaricated manner are rarely penalised as per the Act.

Another reason which hampers the RTI Act to unleash its effect is that around 60% of the Public Information Officers have had no training in RTI and also there is lack of awareness of RTI Act among the public.

The Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, Government of India (GoI) has launched an 'Online Certificate Course on RTI' for various stakeholders on, both, the demand and supply sides of the RTI implementation regime. This Online Certificate Course on RTI is launched in association with the Centre for Good Governance, Hyderabad. This Online Certificate Course is aimed at Public Information Officers (PIOs), Assistant Public Information Officers (APIOs), Appellate Authorities, Officials assisting the above designated officers or other public officials, Citizens, Representative of Civil Society Organisations (including Media Organisations), any other person(s) who could be a direct / indirect stakeholder. The objectives of this course are to

reach out to those who have not had an opportunity to participate in any training / sensitisation initiatives on RTI Act 2005, bringing greater clarity on RTI among designated implementing officials (i.e. APIOs / PIOs / FAOs), ensuring appreciation for RTI Act 2005 and its mandate among the officials designated under it and also among the citizens, facilitating timely delivery of information by PIO and having better informed citizens, civil society and other stakeholders.

The proposed outcome of this course are a sound knowledge of the provisions of the RTI Act 2005 among the people taking this course, good understanding of the roles and responsibilities of organisations / persons concerned with implementing the law and with enforcing the rights under this law, proper appreciation of rights / obligations as applicable for effective use of this right, reliable guidance on following the right process / procedure to implement the provisions of this Act and to benefit from this Act, good understanding of remedies available when an implementing organisation fails to comply with this Act, testing the understanding of 'Information Providers' and 'Information Seekers' using this tool for implementing this Act or exercising their right under it. A certificate for learners of this course on its successful completion is also awarded as an incentive.

The initiative taken by the Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, Government of India (GoI) to create awareness of RTI Act among the nationals of India is being seen as a step of mutation to immaculate corruption.

The government must realise that eventually it will have no other option than to bring transparency in its system. RTI best weapon to check corruption By: Oken Jeet Sandham The other day, we had a panel discussion on TV at DDK, Kohima, on the issue of Right to Information (RTI) Act, its functioning and public responses to it since its implementation in the State two years back. I was privileged to be there in the midst of State Chief Information Commissioner Mr P Talitemjen, Information Commissioners

Rev Dr Ponsing Konyak, Dr Zhimomi and villagers from Jotsoma Village. From the very discussion, it is very clear that the citizens are yet to understand the real meaning of the RTI, although Talitemjen and his two Commissioners explained about the Act, its newly coming to the State and their concerted efforts to create awareness amongst the citizens in the State. Throughout the discussion, it was agreed that media play an important role not only in disseminating news of the Act but also educating the citizens to properly use it in cleansing the dirt that has been in vicious circle in the system. And the State medias contribution towards this has been immense, besides they keep regular interactions with CIC and ICs in the State. Right to Information or RTI means the freedom of people to have access to government information. It implies that citizens and non-governmental organizations should enjoy a reasonably free access to all files and documents pertaining to the governmental operations, decisions, and performance. In other words, it means openness and transparency in the functioning of the government. Thus, it is antithetical to secrecy in public administration. The RTI is necessary for these points: 1. It makes administration more accountable to people; 2. It reduces the gap between administration and people; 3. It makes people aware of administrative decision-making; 4. It facilitates better delivery of goods and services to people by civil servants; 5. It facilitates intelligent and constructive criticism of administration; 6. It increases peoples participation in administration; 7. It promotes public interest by discouraging arbitrariness in administrative decisionmaking; 8. It reduces the scope for corruption in public administration; 9. It upholds the democratic ideology by promoting openness and transparency in administration; 10. It makes administration more responsive to the requirements of the people; and 11. It reduces the abuse of authority by the public servants. The above explanation clearly shows that RTI Act is one of the strongest weapons that can be systematically used by the citizens to check the activities of the government either from time to time or continuously as they wish to. Although the response from the citizens in using the Act is welcoming, it is still very negligible. Since the implementation of this Act in Nagaland, there have been a lot of scams and scandals that rocked the State; even heated exchange of words was there on the floor of State assembly. There were text book scams, bogus teacher appointment scams, mid-day meal scams, NPSC selection scandals, etc. etc. Many of these scams and scandals had been unearthed by state media and for which the citizens of the State should be very grateful to them. In the meantime, we have also witnessed series of protests against these scandals and scams by powerful Naga Students Federation (NSF) and still the latter is demanding the State Government to probe into the scandals and scams. Surprisingly, they are yet to realize that the very RTI Act that is already in operation in the State could be one of the best weapons to easily fix the problems. While of course not discouraging their efforts to check corruptions in government departments through their various forms of protests in the State, it is advisable that they use the Act to dig out the evil nexus that has been in vicious circle in the government departments. I am sure once the powerful NSF uses the Act, more heads will roll. Even our Naga NGOs can use the Act to know details of the ongoing Indo-Naga political issue as to what stage the progress has reached.

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