RTI Assignment by 43 and 1389
RTI Assignment by 43 and 1389
RTI Assignment by 43 and 1389
By:
Saumya Shukla 2024/1389
Paridhi Jesrani 2024/43
74 years ago, the people of India made a resolution to secure their liberty of thought and
expression through the Preamble to the Constitution.
The right to freedom of speech and expression, guaranteed by Article 19(1), encompasses the
full right to information as acknowledged by the Supreme Court. The Right to Information
Act, 2005 (“the Act”), has established the necessary practical regime for the right to
information.
The RTI Bill, passed by the Parliament of India on 15 June 2005, came into force on 12
October 2005. It is one of the most crucial acts that allows ordinary citizens to question the
government and its functioning. Citizens and media widely use it to expose corruption,
monitor government progress, and access expense-related information.
The primary objective of the Right to Information Act is to empower citizens, promote
transparency and accountability in government operations, combat corruption, and ensure the
functioning of democracy for the people. An informed citizen is better equipped to monitor
governance instruments and hold the government accountable to the governed. The Act is a
significant step in informing citizens about government activities.
Success stories:
1. Adarsh Society Scam:
The applications filed by RTI activists like Yogacharya Anandji and Simpreet Singh in 2008
were instrumental in bringing to light links between politicians and military officials, among
others. The 31-storey building, which had permission for six floors only, was originally
meant to house war widows and veterans. Instead, the flats went to several politicians,
bureaucrats and their relatives. The scandal has already led to the resignation of Ashok
Chavan, the former chief minister of Maharashtra. Other state officials are also under the
scanner.
2. The 2G Scam:
The 2G Scam or the Telecom Sector Scandal, which took place during the UPA regime,
revolved around the government auctioning the 2G spectrum. Top ministers had allegedly
colluded to undercharge certain mobile phone companies while allocating the frequencies, in
exchange for a bribe. This reportedly cost the exchequer a whopping Rs.1.76 lakh crores. The
massive abuse of power came to light when an RTI was filed by activist Subhash Chandra
Agrawal.
Vaishnavi Kasturi a visually-impaired student, in 2007 was denied a seat in the Indian
Institute of Management in Bangalore, one of the country’s premier management institutes —
despite her impressive score at the entrance examination. Ms. Kasturi wanted to know why,
and wondered whether it was because of her physical disability. She filed an RTI application
to request the institute to disclose their selection process. Although she failed to gain
admission to the institute, her RTI application meant that IIM had to make its admission
criteria public. It emerged that the entrance exam, the Common Admission Test, actually
mattered little compared to Class 10 and 12 results.
So he filed an RTI application which revealed that the ponds were never dug, the “labourers”
who worked to “construct” the ponds included dead people.
Following complaints, the administration suspended the officials involved in the subterfuge,
and the project was renewed, but this time, the villagers vowed to keep a check on its
progress.
While several of his classmates and their parents were fretting when they didn’t receive their
scholarships for the academic year of 2011–2012, nine-year-old Manoj, a student at the
government primary school in Vailpoor, Nizamabad district of Telangana, filed an
application.
In his application directed at the Labour Welfare Department, the class 4 student asked why
the money had not reached the students, and by when they could expect their scholarships.
Manoj’s RTI application secured scholarships for 10 students, who are the children of beedi
workers.
CASE STUDIES:
1)EXPOSING NREGA SCAM IN RAJASTHAN
Background
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was enacted
in 2005 to guarantee at least 100 days of wage employment to rural households in India. The
Act aimed to address rural poverty by providing livelihood opportunities through manual
labour and infrastructure projects. Rajasthan, one of the leading states in implementing
MGNREGA, saw significant participation from rural communities. However, issues such as
delays in wage payments, ghost beneficiaries, and misallocation of funds plagued the scheme.
The Right to Information (RTI) Act, also enacted in 2005, became a powerful tool in
addressing these inefficiencies. Social activists and rural workers began using RTI to demand
transparency in the implementation of MGNREGA, specifically in Rajasthan, where
grassroots movements were prominent.
Several activist groups, most notably the Mazdoor Kisan Shakti Sangathan (MKSS), led by
social activist Aruna Roy, used RTI to monitor the progress of MGNREGA projects. The
MKSS had already been involved in promoting transparency through earlier efforts to
demand the right to information from the government, and they saw MGNREGA as an ideal
opportunity to extend their work.
Through RTI, villagers in Rajasthan filed applications seeking detailed information about:
1. Work Allocation: Which projects were initiated, the type of work assigned to each
worker, and the duration of their employment.
2. Wage Payments: The amount of money allocated for wages, and whether the
payments were being made on time and in full.
3. Fund Utilisation: Information on the total budget allocated for each project, the
materials purchased, and how the funds were distributed.
4. Job Cards and Beneficiaries: To identify discrepancies in the issuance of job cards,
especially cases where non-existent or "ghost" workers were recorded as having
received wages.
Key Findings from RTThrough the use of RTI, several irregularities in the implementation of
MGNREGA in Rajasthan were uncovered:
1. Ghost Workers: RTI applications revealed that in many cases, wages were being paid
to fictitious or non-existent individuals. These "ghost workers" were listed on job
cards, and funds were being syphoned off by corrupt officials and middlemen. In
some instances, even government officials or village heads were found guilty of
inflating worker numbers to embezzle money.
2. Delayed Wages: One of the critical promises of MGNREGA was timely wage
payment. However, RTI queries in several districts of Rajasthan, such as Ajmer,
Udaipur, and Barmer, revealed that wage payments were delayed for weeks or even
months. In many cases, workers had completed their assigned tasks but were left
without payment due to bureaucratic delays or the mismanagement of funds.
3. Material Misuse: The RTI applications also highlighted the misuse of materials
purchased for public infrastructure projects, such as the construction of roads or
ponds. Contractors and local officials over-reported the materials used, while the
actual work remained substandard or incomplete.
4. Corruption in Fund Allocation: The RTI data showed discrepancies in how project
funds were allocated and utilised. For example, funds were diverted to other,
non-MGNREGA projects, or spent on projects that existed only on paper. This
resulted in incomplete or poorly constructed public works, defeating the purpose of
providing sustainable infrastructure in rural areas.
Amit Jethwa was a well-known environmental activist and social worker in Gujarat who had
dedicated himself to exposing illegal mining operations in the Gir Forest region, the only
natural habitat of the Asiatic lion. Jethwa had been filing RTI applications to gather
information on the rampant illegal mining in the protected forest area, which was causing
extensive environmental damage and violating environmental regulations.
● Illegal Mining Permits: Jethwa uncovered that several mining operators were carrying
out their activities without proper licences or in areas where mining was strictly
prohibited due to environmental regulations.
● Political Patronage: His RTI queries revealed that several mining operators enjoyed
political patronage, receiving protection from law enforcement agencies and local
officials despite openly violating the law.
However, Jethwa's activism came at a high personal cost. On July 20, 2010, just days after
filing his PIL, Amit Jethwa was shot dead outside the Gujarat High Court in Ahmedabad.
Two assailants on a motorcycle fired multiple rounds at him, killing him instantly. The
murder shocked the nation and brought the issue of activist safety under the spotlight.
Investigations into Jethwa's murder soon pointed to Dinu Solanki and his associates, who
were implicated in ordering the hit on Jethwa due to his RTI activism and his exposure of the
illegal mining racket. Despite widespread calls for justice, the case moved slowly due to
Solanki's political clout.
The case of Amit Jethwa’s murder highlights several significant failures in the
implementation and protection related to the Right to Information (RTI) Act in India:
1. Lack of Protection for RTI Activists: There is no formal mechanism to protect RTI
activists, leaving them vulnerable to threats, harassment, and even murder, as seen in
Jethwa’s case and over 100 similar incidents.
2. Political Influence and Bureaucratic Resistance: Politicians and bureaucrats often
resist RTI disclosures, using their influence to block or delay investigations, which
can lead to threats or attacks on activists.
3. Judicial Delays: Slow judicial processes delay justice for murdered activists. It took
nearly a decade for Jethwa’s killers to be convicted, reflecting systemic inefficiencies.
4.Chilling Effect on Civic Activism: The targeting of RTI activists discourages others from
5.Using RTI to expose corruption, creating a climate of fear and reducing public
accountability.
Inadequate Policy Safeguards: While a whistleblower protection law exists, it has not been
fully implemented, leaving activists like Jethwa exposed to harm.
Amendments
The Right to Information (RTI) Act of 2005 was amended once, on July 25, 2019. The
amendment changed sections 13 and 16 of the original act. The amendment gave the central
government the power to choose the State Chief Information Commissioner and Information
Commission, instead of a three-member panel.
The Right to Information (RTI) Act, 2005, has proven to be an essential tool for promoting
transparency and accountability in governance across Indian states. In Kerala, the State
Information Commission has efficiently addressed a significant number of RTI applications,
enhancing public trust in government processes. Maharashtra, one of the leading states in
RTI usage, received over 8 lakh applications in recent years, with a strong response rate,
though it also faces a backlog of unresolved cases. Rajasthan has emerged as a pioneer,
particularly with its digital initiatives, simplifying the filing process and providing timely
responses. In Tamil Nadu, the RTI Act has been effectively leveraged to expose corruption
and enhance public welfare schemes. Delhi, too, has seen significant use of RTI, especially
for addressing urban governance and service delivery issues. Uttar Pradesh and Bihar
struggle with a high pendency of cases and lower awareness, indicating the need for better
implementation and awareness drives to maximize the RTI's potential. In contrast,
Karnataka has seen notable success in utilizing RTI to monitor developmental projects,
while Gujarat has implemented several proactive disclosure mechanisms under the Act.
West Bengal and Odisha are also making steady progress, with increasing numbers of
citizens filing applications for rural development and welfare schemes. These varied patterns
highlight both the success stories and the challenges in utilizing RTI as a tool for empowering
citizens across India's diverse states.
Problem:
Commonwealth Human Rights Initiative (CHRI) data points to over 310 cases across India
where people were either attacked, physically or mentally harassed or had their property
damaged because of the information they sought under RTI. The data throws up over 50
alleged murders and two suicides that were directly linked with RTI applications filed
There is a consensus felt that there is a need to amend the RTI Act to provide for the
protection of those seeking information under the Act.
Solutions suggested:
The Asian Centre for Human Rights recommends that a separate chapter, "Protection of those
seeking information under the (RTI) Act", be inserted into the Act.
Many civil society members have recently alleged the subversion of the right to information
Act by the invocation of Intellectual Property rights argument by the government agencies
from time to time.
Gujarat State Information Commission banned 10 people from filing RTI queries, citing that
these people were "harassing government officials" by filing multiple queries with "malafide
intentions".Some people have been blacklisted which was not allowed under the act.
4)Rejction Of RTI
Right to Information Act's original intent to make government transparent and accountable is
faltering as RTI requests are rejected and the bureaucratic systems are bogged down by
thousands of requests.[33]
Many RTIs are rejected because the bureaucratic requirements (including the technocratic
language used) of filing are too onerous and legalistic for ordinary citizens.[34][35] Sixty
percent of the RTI appeals made to Information Commissioners in Delhi are rejected for a
variety of reasons, including that appeals are not typed or not written in English, or lack an
index of the papers attached or a list of date
5)Lack of Awareness
A significant portion of the Indian population, particularly in rural areas, remains unaware of
the RTI Act and how to use it effectively. The lack of public awareness limits the reach of the
Act, especially among marginalized communities who could benefit the most from greater
transparency.
6)Limited Scope
Certain organizations, including security and intelligence agencies, are exempt from the
purview of the RTI Act. This has been a point of contention, as critics argue that this allows
some institutions to operate without transparency, even in situations where public interest
may be involved.
LEARNING OUTCOME:
In exploring the Right to Information (RTI) as a tool, I have gained valuable insights into its
power to promote transparency and accountability within governance. The RTI Act provides
citizens like me with a platform to request information from public authorities, which helps in
ensuring that government operations remain open and accessible. I have learned how this
legal mechanism can be utilized to uncover inefficiencies, reduce corruption, and enhance
democratic participation.
From a personal standpoint, I now understand the significant role RTI plays in empowering
individuals to engage with public institutions. This exploration has also strengthened my
awareness of my own rights as a citizen and how I can use these tools to advocate for social
justice and reform.
Overall, this assignment has equipped me with both theoretical knowledge and practical skills
to engage with governance in a more informed and proactive way.
CONCLUSION:
To conclude, the Right to Information (RTI) Act, 2005 represents a landmark in India's
legislative efforts towards ensuring transparency, accountability, and openness in governance.
By granting citizens the right to access information held by public authorities, the Act has
empowered ordinary individuals to question, scrutinize, and hold government agencies
accountable for their actions. This legislative framework is a fundamental step in reinforcing
the democratic ethos of the country, as it enables the public to participate actively in
decision-making processes and ensures that the government remains answerable to the people
it serves.
The RTI Act has been instrumental in exposing corruption, inefficiency, and malpractices in
various governmental institutions. From local governing bodies to national ministries, the
demand for information under RTI has often led to corrective measures and greater
transparency. Citizens now have the means to question how public funds are utilized, how
policies are implemented, and how decisions that affect their lives are made. The Act also
plays a crucial role in improving the quality of governance by encouraging public servants to
act more responsibly, knowing that their decisions can be reviewed by the public.
Despite its far-reaching impact, the RTI Act faces several challenges that limit its
effectiveness. Delays in processing requests, lack of adequate infrastructure, and resistance
from certain governmental sectors often frustrate citizens attempting to obtain information. In
addition, the absence of widespread awareness about the Act's provisions, especially in rural
areas, undermines its potential to create a truly informed citizenry. Furthermore, there have
been concerns regarding the misuse of RTI requests for personal or vindictive purposes,
which can divert resources from more genuine inquiries.
To maximize the RTI Act’s benefits, several reforms are necessary. Increasing awareness
about the Act through education campaigns, improving the training of Public Information
Officers (PIOs), and strengthening penalties for non-compliance are key steps. Additionally,
reducing bureaucratic hurdles and providing timely, accessible responses to RTI applications
are essential to make the system more efficient and user-friendly. Digital platforms for filing
and tracking RTI requests have also made the process more accessible, but further
advancements in technology integration can ease the burden on citizens and authorities alike.
In conclusion, the RTI Act remains one of the most powerful tools for enhancing
transparency and accountability in India’s democracy. By enabling citizens to access
government-held information, it fosters a culture of openness, where the government is more
responsive and responsible to the needs and queries of its people. However, realizing the full
potential of the Act requires continued efforts from both the government and civil society to
address existing challenges and improve the efficacy of its implementation. With sustained
commitment to reform, the RTI Act can significantly strengthen India’s democratic processes,
fostering a governance model that is more inclusive, transparent, and accountable to all.
Sources:
www.indiacode.nic.in
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https://vikaspedia.in/e-governance/about-rti-act-2005/rti-success-stories#section6
https://pib.gov.in/Pressreleaseshare.aspx?PRID=1579510#:~:text=The%20Election%20Com
mission%20is%20a,prescribed%20by%20the%20Central%20Government.