WHETHER RTI ACT 2005 HELPED CONTROLLING CURRUPTION IN PUBLIC LIFE ?

RIGHT TO INFORMATION ACT 2005 is a bivalent peace of legislation and I think it is an act used by the citizens in most frequent way. This act is one of the most frequently used act by a common man even sometimes by  illiterate Citizens  of India. The importance of act can be understood by the anger and frustrations of the powerful bureaucrat and politicians who always looks standing  against this act.
     Some of the critics states that a major control on corruption is not visible at ground level and it looks that it has been increased. we should understand that it is also a success of this act as most of these corruptions has been exposed  by using this act itself and the purpose of the act is getting information and no other remedy is available in this act to control the corruption but the information obtained under RTI ACT 2005 can be used for making complaints to the agencies like C B I or C  V C and in the case of failure by these agencies one can approach concerned High Court under article  226  for appropriate direction.
    The second criticism against act is about its success for solving individual problems which is think is not a criticism but appreciation as the individual success encourages others and more and more people starts to use the act for getting information. If thousands of people are filing applications under RTI daily then it makes a big number. some of the applicant does not succeed in getting information due to some technical problem in drafting the application but when we compare this number from the number of citizens does not makes any application under any other acts due to non availability of legal professionals then this number is very less. There is some criticism about blackmailing the authorities on the ground which i think is not correct as the act mandates the uploading of information at official website and if information comes in public domain then how it can be misused to blackmail. I have experience that this act helped some honest officers to refuse their bosses to be tool for a corruption on the ground that it will be disclosed by filing an RTI application.
     One important criticism is about undue deviation of human resource and it is correct that a large no of officials remains busy in replying RTI Application but we should think whether it is due to some defect in act or the administration. I think appropriate govt is not complying with their obligation under section 4 of the act and repeat same exercise again and again for some questions which should be voluntarily disclosed at the official website. I think more the 70% questions in various RTI applications are related with the information which is under the domain of  section 4 of the act.
   I think the vital problems which goes against the act is about credibility of PIO, FAA and Information commission. In 2005 most of the senior officers has been appointed as PIO but later it has been changed and some officers at lower rank has been appointed. Normally it becomes very difficult for PIO to get information held by their superior bosses specially crucial information about corruption. The provision of First appeal becomes a useless exercise as the intimidate senior of PIO is FAA who is only providing additional 45 days to the PIO and it is nothing but a wastage of time. The second problem is about appointment of information commissioners where retired bureaucrat and some inefficient persons are appointed Information commissioners who had reduced the honor of information commission. Another problem is about non cooperation of judiciary as the judiciary itself is biggest violator of the act and even the RTI Rules in several high court is in conflict with the RTI Act.   

INACTIVE POLICE AND INSENSITIVE MIDDLE CLASS

Today on 19/08/2012  visited Trilokpur Indira Camp with Mr. Ashok Agarwal Adv. And our team which was part of our Sunday campaign for contacting underprivileged group of society at their door step. While we were in the area a 30 year old lady namely Babita came to us and informed that her 6 years old daughter savita is missing for last Saturday and police is not taking her complaint about missing child. It had been informed to us by the lady that police is asking 8 copy of A-4 size of photograph of the child only then they will take the complaint and she had only 2 copy of photograph. Mr. Agarwal suggested her to go to the police station and once more request for the registration of complaint. We provided them our contact information and given her visiting card to contact us if she is facing any problem. We noticed that she was very little convinced with us but we were not disappointed and thought this is her thought against middle class people like us who never helps them for getting their right and suggested and requested her to visit police station at least once more.

        We are grateful to the lady who visited the police station at kalyanpuri and Mayur Vihar Phase –I as both police stations was passing over the buck on each other and at last it had been decided that the area falls in Mayur vihar police station. It is important to mention that the lady approached the family where she was working as a domestic help to borrow Rs 200/- for printing of photograph but did not succeeded to get an advance of Rs 200/- for her daughter. We all see the frequent news articles about the crimes committed by domestic help but never see this kind of barbarian act by us which results sometime in some drastic steps by the domestic help. I don’t justify any criminal act by the domestic help but we must be concerned about these kind of inhuman attitude by employer otherwise we can’t succeed to control such act by using whatever kind of precaution like police verification etc. The lady who is searching her missing daughter had no option to visit the police station once more and approached the Mayur Vihar Phase I Police station. The head constable deputed their in duty room behaved with her in very rude manner and refused to take complaint if she can’t provide 8 copy of photograph and the mother was carrying only one copy of photograph hence police refused to take the complaint. Babita called Mr. Agarwal and it was very surprising that the head constable knowingly informed the senior advocate that it is rule that she must provide 8 copy of photograph if she wants her complaint to be accepted. When Mr. Agarwal told him that he is going to call the concerned ACP the constable informed that this rule is known to all the officers. I have called the DCP East Mr. Prabhakar at his mobile phone but the same was continuously none replied. At last I succeeded to call the concerned SHO who at last agreed to take the complaint if I am sending the mother to him. The mother approached the SHO who had made several enquiries about her home, relative and native place and told her to make some arrangement for AZAN at rickshaw which costs aprox Rs 150/- which is beyond the capacity of the mother. SHO neither registered an F.I.R nor provided a copy of FIR or complaint and told the complainant to come tomorrow then something in written will be provided to her. All these jokes with the guidelines of Supreme Court were taking place hardly at the 5 K.M. from the supreme court of this country.

       There is clear provision of immediate registration of F.I.R in these missing case and Hon’ble Delhi high court passed order in this regard. The activity of the police station tantamount to the contempt of order passed by the High court but a poor can neither access high court nor the senior officers of police department. Whether we the middle class are not responsible for this kind of ignorance faced by the Mother of missing girl.  Whether the employer should not be punished for this kind of attitude. These are some of the concerns needed to be readdressed immediately.

Khagesh B. Jha, Adv.

Mob- 8826456565

    

Unrest amongst the merchants of Education and last attempt to play minority card

Right to education act is going to prove last death knell for unrecognized unaided private schools in Delhi which was supposed to be closed after an high court order in W.P (C) 43 of 2006 titled as SOCIAL JURIST VS GOVT OF NCT OF DELHI where court directed the govt. of NCT of Delhi through director education to stop the mushrooming of school and also directed to shut down such mushrooming schools which are black spot on the education system of the school.. The complete judgement dated 08/02/2008 is under link   http://lobis.nic.in/dhc/TST/judgement/23-02-2008/TST08022008CW432006.pdf .
    UN-recognized school lobby filed an SLP before supreme court which refused to grant any interim stay on the order passed by the division bench but the SLP No 24617 and 24618  is still pending in supreme court.  Directorate of Education failed to comply with the High court order on the ground that a new legislation was pending in parliament. The new legislation came in operation on 1st of April 2010 which provided breathing period of three years for these unrecognized school which ends on 31st march of 2013. The new 2009 act provides very harsh provision of penalty and power to seal the school premises. All the provisions are incorporated in act itself hence any relief from the executive is not expected hence these schools are trying some judicial escape and now started playing minority card for this malafide intention.filed a very funny intervention through one Dr. Midhat Hussain of Jamia Nagar and 3 other members from minority community for an order