Saturday 25 August 2012

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.   

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