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The  Hindu, Chennai, 18 Mar 2008
RTI Act, the right road to empowerment

The State Information Commission office has received 43,500 petitions since April 2006

Chennai: If knowledge is power, then the Right to Information Act (RTI) of 2005 has certainly empowered a lot of people.

The landmark Act has helped citizens snip through government red tape in their quest for information. Take the case of Ramesh D.Jain, a resident of Park Town, who spent two years trying to find out the status of his ration card application. He approached Vinod O.Jain, a member of non-governmental organisation Fifth Pillar, for assistance in filing a petition under RTI. The petition was made to the Public Information Officer of the Tamil Nadu Civil Supplies and Consumer Protection Department on February 7 seeking the status on the card. About a week ago, Mr. Ramesh received his card.

“Seeking information related to civic grievances has speared organisations into action. Some organisations manage to sort out the grievance before sending a response to the petition,” says State Chief Information Commissioner S. Ramakrishnan.

In 2006, the State Information Commission received 8,550 petitions and in 2007 it received 31,951 petitions. In January and February this year, about 3,000 petitions have been received.

How it works

Applications are first made to the Public Information Officer in the department concerned. If a reply is not received in 30 days or if the information is insufficient, the petitioner can make another application to the appellate authority, usually the head of the department. If a reply is not received in 30 days or if more information is required, the petitioner can send an application to the State Information Commission. (For list of public information officers, log on to www.tn.gov.in/rti/pio_appellate.htm)

Government departments have been receiving a steady flow of RTI petitions. Every month, the Tamil Nadu Pollution Control Board office in Chennai receives about 25 to 30 petitions and district offices another 10 to 15 petitions. “We don’t reject any applications and give replies to all of them,” said Mohan Naidu, Public Information Officer and Joint Chief Environment Engineer.

The Chennai Metrowater Board gets about 50 petitions a month for details pertaining to tax and charges and coverage of areas in schemes. In-house petitions from the organisation about promotions and salary were also received regularly. Such petitions formed about one-third of the RTI applications.

Regional Provident Fund Commissioner I. K. Srinivasan said some petitions sought personal details such as nominations, list of employees of companies and so on. “But the office does not entertain such petitions since we consider the privacy of individuals sacred. We do furnish details of settlements, claims and balances to respective individuals,” he said.

The School Education department is an organisation that gets a large number of RTI petitions. A senior official said that the questions are often long-winded and asked for a large amount of information. He said officials end up having to answer RTI petitions at the cost of other work. He suggested that a separate RTI cell be formed in the department to tackle the queries.

In 2007, the Chennai police received 380 applications under the RTI Act. Petitioners usually ask if their stolen property has been recovered or if there was any progress in cases where they had registered complaints. Commissioner of Police G.Nanchil Kumaran said that all Deputy Commissioners of Police heading police districts in the city act as the Information Officers for their jurisdiction, while the Deputy Commissioner of Police (Headquarters) is the Information Officer at the Commissioner of Police Office, Chennai.

Scope for improvement

Implementation of the RTI Act has a plenty of scope for improvement. Noted criminal lawyer K.S. Dinakaran said that some departments refused to disclose information, saying that it was classified. “The RTI Act is an enactment that is like a paper tiger most of the times. Things like State secrets or the movement of the Army must be kept secret. But even everyday administrative things are being classified as confidential,” he said.

R.L.Saravanan, an advocate who has filed 264 RTI petitions, says crisp questions get better responses from the government agencies. Among the government departments, the Revenue Department takes a long time to reply and people have to wait for months before getting a document, he said.

Non-governmental organisations seeking information based on large public issues are in for a long wait, at times. Citizen, Consumer and Civic Action Group’s project officer Rajesh Rangarajan says there are procedural delays. There have been instances when he has not received any response.

“In terms of information we get, it is often vague and one-line answers,” says Mr. Rangarajan. The Information Commission sometimes fails to award the penalty even when there has been a three- or four-month delay. In the long run, the time limit should be reduced to 15 days and the Information Commission should also have a fixed deadline for the second appeal, he says.

Some NGOs such as Ffth Pillar and Transparency International have become nodal organisations to help people with RTI application procedures. They suggest that a letter to the public information officer ideally should not have lengthy preambles. One can start the letter saying “Under the RTI Act, kindly supply the following information” and number the questions. Another important tip to remember is that court fee stamps are accepted as payment in State government departments but not in Central government departments.

Although not mandatory, sending an RTI petition by registered post is useful because the acknowledgement is proof that the application has been received.




http://www.hindu.com/2008/03/18/stories/2008031858120300.htm

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