— Prabal Kr Das Sanjay of the epic Mahabharata would have been amused. Eras after his all-seeing eyes panned the warring men of India’s most famous battle, his gift now echoes in a piece of legislation. Like his reportage, this Act offers information about developments and processes that may not be easily accessible, but which ultimately determines our collective condition. People now have the power to know about governance on a much wider scale, at least in principle they have. Ironically for Assam, Sanjay seems to retain the advantage, as the Right to Information Act, passed in 2005, has not seen extensive use.
In Assam, the RTI Act is still to become an empowering tool for people at the grassroots, except in the districts of Golaghat, and Darrang, where a few Non-Governmental Organisations have made its use to extract information, leading to tangible benefits to civil society. Unfortunately, we are unaware of similar success in other districts with high levels of literacy or placed close to the state capital. One would dare say that literacy levels and proximity to Government offices have had little bearing on the use of the important Act.
And thus the interest of the common person has been seriously undermined. A veil of secrecy continues to cover government activities fuelled by tax money. Society suffers from an information void, even though the Act actually enables every citizen to access such information that elected representatives like MPs and MLAs can acquire from the Government. Meanwhile, with a minuscule number of people using the Act, corruption and other malpractices have not been greatly exposed and reduced compared to some other states.
Those who have made extensive use of the Act are of the belief that the Assam Government has done little to promote it through a sustained campaign. In towns and villages people have not really comprehended the law and remain ignorant of the power that is available through it. The situation is such that it leads one to assume that the State Government actually would be content to maintain the status quo.
Not to mention government offices at sub-divisional level, even offices at district level are functioning with Public Information Officers and Assistant Public Information Officers having inadequate or no training on the Act. Referring to the nature of training given to PIOs and APIOs, Samhita Barooah of the NGO North East Network, is of the view that training, and particularly the philosophy behind it, ought to change so that officers do not perceive the RTI Act as a tool that challenges their authority. Rather the training should emphasise how the Act by bringing in transparency, fuels the functioning efficiency of the office and encourage the process of participatory democracy.
For a long time RTI activists have been calling for the office of the State Information Commission to be relocated at a place more accessible to the common person. They reason, the high-security environment surrounding its present office has acted as a natural deterrent to many who have the need for unfettered access to it. Till now that has not happened, thanks to a Government which makes frequent claims of transparency and accountability.
RTI activists have pointed out another issue that has implications on the Act’s catalytic role to usher in probity in public authorities. It has been reported that on several occasions PIOs have not responded to applications, or given out information after much delay. However, in such cases, very few Government officials have been penalised, which according to activists send no message to those who defeat the very purpose of the Act. Ironically, it is RTI applicants who continue to endure challenges in the form of threats and physical assaults. According to activist Nani Saikia of Darrang district, applicants who have asked for information on the National Rural Employment Guarantee Act have been receiving threats to their lives recently.
But what puts the Assam Government squarely in the dock is its inability to find a single competent person to fill the chair of the Chief Information Commissioner, after the earlier incumbent left to occupy another position. Several months later, Assam continues to have the dubious distinction of not having the apex functionary in the RTI apparatus. What is more, the state is actually functioning with just one Information Commissioner, contrary to provisions that call for ten such officials.
If your expectations about Union Government offices were different, you would be disappointed. In a recent visit to acquire data about an ambitious construction project, the author was told that the office close to the state capital could not disburse any information under the RTI Act, and queries could only be made in New Delhi. But with the author insisting that the head of the office call his headquarter and clarify, it was found that he was authorised to provide information under the Act. The Project Director of a major Union Government authority did not have knowledge of a circular informing him of his important position vis-à-vis the RTI Act!
Whether the offices function under the Union or State Governments, a crucial issue that has handicapped users of RTI is the quality of information that is handed over by some authorities. Some time back, the author had made a request to know about encroachment inside the sanctuaries and national parks of Assam. In due course the data that was acquired covered only half of the areas, indicating that the Forest Department did not have data on the other protected areas.
The situation is brought out in clearer light by an episode involving encroachment of land owned by the Gauhati Medical College at Bhangagarh. After an RTI application was received by the PIO, it was found that there was no substantial information to be provided. He had to take initiatives on his own to gather data, which was eventually provided to the applicant.
It is a worry that is shared by everyone with a stake in successful implementation of the Act. Even though it can be described as the best tool for acquiring information from public authorities, data in Government offices very often are in a shoddy state. There have been instances where RTI users were told that information sought by them simply did not exist. The lack of information, and the poor quality of data have created a piquant situation that cannot be easily addressed. It could be years before comprehensive and updated databases are built up in some government offices.
With Government sincerity called to question, the responsibility to implement the Act is even greater on civil society and NGOs. So far, the use of the Act has not gained popularity among civil society to the extent that it has become the key to acquire information. It is also worrying to know that women, including those in urban centres have not made use of the tool to know about issues related to women. In what is embarrassing to the media, it has emerged that few from the important sector of public service have been using the Act across the state even though media persons are among those with unfettered access to Government authorities.
Certain NGOs like Krishak Mukti Sangram Samity and Satra have brought out valuable information through the RTI, and contributed to the common good in Assam. Sharing their knowledge and experience could be a pragmatic way for others who wish to become informed and empowered. The media has its role cut out in the present situation with its relatively easy access to Government offices and other organisations which enjoy public funds. Stakeholders could become emboldened by realising that the tool in their possession could actually be more powerful than the gift that Sanjay had. After all, the remarkable reporter could merely observe and narrate, whereas the RTI user could become informed, and then make information a catalyst to effect positive change. Assam Tribune
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