| Introduction: Contextual Introduction Body: challenges faced by the RTI Act and suggest measures to strengthen its implementation Conclusion: Way forward |
The Right to Information (RTI) Act, of 2005, was introduced as a powerful tool to enhance transparency and accountability in governance.
Challenges in the Implementation of the RTI Act
- Bureaucratic Resistance and Administrative Delays: The RTI Act initially faced opposition from public servants who perceived it as a transfer of power to citizens. Information Commissions are often occupied by retired bureaucrats who lack commitment to transparency. Despite a mandated 30-day period for providing information at lower levels, there is no specific time limit for Information Commissions, leading to backlogs exceeding a year in many cases.
- Inadequate Use of Penal Provisions: The RTI Act provides for penalties on Public Information Officers (PIOs) for wrongful denial of information. However, Information Commissioners rarely impose fines, thereby encouraging non-compliance.
- Dilution Through Legislative Amendment: The Digital Personal Data Protection Act, of 2023 has amended the RTI Act by adding new restrictions on disclosing personal information, effectively increasing secrecy in public affairs.
Measures to Strengthen the RTI Act
- Ensuring Speedy Disposal of Cases: Information Commissions must be given strict timeframes to clear pending cases, similar to High Courts. A 90-day deadline for appeals should be enforced. Commissioners should be appointed promptly, and their performance should be regularly reviewed based on disposal rates.
- Reforming the Appointment Process of Information Commissioners: Instead of appointing retired bureaucrats, commissions should include legal experts, transparency activists, and individuals with a track record in governance reforms. Public scrutiny of the selection process can help ensure the independence of commissioners.
- Stronger Enforcement of Penal Provisions: Information Commissioners must actively impose penalties on PIOs who delay or deny information without valid reasons. Persistent non-compliance should result in disciplinary action against responsible officials.
- Institutional Protection for RTI Activists: The Whistleblower Protection Act must be expanded to cover RTI applicants who expose corruption. A fast-track grievance redressal system should be set up to address threats against RTI users.
- Enhancing Awareness and Public Participation: Citizens and the media must actively defend the RTI Act by exposing its dilution and pressuring the government to uphold transparency. Civil society organizations should conduct RTI awareness campaigns to empower citizens with information on their rights.
Conclusion
Citizens, media, and civil society must remain vigilant to ensure the government upholds the spirit of the Act. Strengthening the RTI framework through institutional reforms and greater public awareness is crucial to preserving its role as a cornerstone of democracy.
