In the recent context, Right to Information act is emerging as "dead letter". Discuss your answer with relevant cases.
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The Right to Information Act (RTI) was enacted in 2005 with mainly the aim to promote and empower transparency and accountability between citizens and government in India to achieve the goal of good governance. Although the purpose of RTI was to bring accountability and transparency, due to some recent developments , the concern of RTI becoming a ‘dead letter’ is now more eminent showcasing a drastic decline of its effectiveness.
If we examine the statistics of cases regarding RTI, we can notice that around 3.15 lakh cases are pending in different Information Commissions in India due to shortage of Information Commissions with several Commission being defunct for extended period of time. Again with adding shortage of Commissioners, the dilution of law done through RTI Amendment Act, 2019 where the autonomy of Central and State Information Commissioners are reduced by allowing Central Government to determine the terms of services of them. The fact that RTI in many cases are not utilised for necessary interests but filing many RTIs in same subject overwhelming the system.
RTI being an important tool for transparency, the factors of misuse and legislative dilution makes RTI ineffective and if not corrected will continue as ‘Dead Letter’.
The Right to Information (RTI) Act, crucial for transparency and accountability, is increasingly becoming ineffective, often termed a “dead letter.”
Delays and Backlog: Significant delays in appointing Information Commissioners have led to a backlog of cases. For instance, the Central Information Commission (CIC) faced a backlog of over 36,000 cases in 2020.
RTI Amendment Act, 2019: This amendment gave the central government control over the tenure and salaries of Information Commissioners, undermining their autonomy and effectiveness.
Increased Rejections: Public authorities are increasingly rejecting RTI requests on vague grounds, with information on political funding and public projects often withheld.
Harassment of Activists: RTI activists face threats and violence, discouraging citizens from using the RTI Act. Notable cases include the murders of activists like Amit Jethwa and Satish Shetty.
Non-Compliance by Authorities: Many government departments fail to proactively disclose information as mandated, forcing citizens to file RTI requests.
Judicial Limitations: Some judicial rulings, like the Supreme Court’s decision in CBSE v. Aditya Bandopadhyay (2011), have limited the scope of the RTI Act.
These issues undermine the RTI Act’s effectiveness, diminishing its role in promoting transparency and accountability.