- The article discusses the decline in effectiveness of the Right to Information (RTI) Act, once a landmark reform for transparency in India.
- It highlights the systemic resistance, bureaucratic dominance, and legislative changes undermining the RTI’s original intent.
Historical Context
- Judicial Recognition (1975-1989):
- 1975: Supreme Court recognized the “Right to Know” as a fundamental right.
- 1982: Expanded interpretation linked RTI to freedom of speech and right to life.
- Grassroots Movements (1990-1999):
- Movements like MKSS exposed corruption; NCPRI drafted the first RTI Bill in 1996.
- Legislative Developments (2000-2005):
- Various states passed RTI laws; the RTI Act was enacted in 2005.
Contributions to Governance
- Strengthening Democracy:
- RTI enhances accountability and participatory democracy.
- Example: Exposed irregularities in the electoral bond scheme.
- Fighting Corruption:
- Uncovered major scams (e.g., Adarsh Housing Scam).
- Transparency in Welfare Schemes:
- Prevented leakages in schemes like MGNREGA.
- Upholding Fundamental Rights:
- Linked to Articles 19(1)(a) and 21 of the Constitution.
- Empowering Media:
- Strengthened investigative journalism and exposed wrongdoings.
Key Issues Hindering Effectiveness
- Vacancy and Backlog:
- High vacancies in Information Commissions; over 4 lakh appeals pending as of June 2024.
- Legislative Dilution:
- 2019 amendments weakened commissioners’ autonomy.
- Bureaucratic Resistance:
- Officials often delay or deny information.
- Exemptions and Secrecy Laws:
- Many agencies exempt from RTI; national security often cited as a reason for denial.
- Delays in Disclosure:
- Authorities frequently miss the 30-day response deadline.
- Threats to Activists:
- RTI activists face harassment and violence; 99 activists killed since 2006.
- Gender Representation:
- Only 9% of information commissioners are women.
- Lack of Awareness:
- Low awareness rates about RTI, especially in rural areas.
Proposed Measures for Enhancement
- Filling Vacancies:
- Timely appointments and recruitment processes to reduce backlog.
- Restoring Autonomy:
- Strengthen independence of Information Commissions.
- Proactive Disclosures:
- Mandate online disclosures of government information.
- Curbing Resistance:
- Impose penalties for non-compliance and enhance training for PIOs.
- Protecting Activists:
- Implement the Whistleblower Protection Act effectively.
- Increasing Gender Representation:
- Introduce gender quotas in appointments.
- Awareness Campaigns:
- Nationwide campaigns to educate citizens about their RTI rights.
Way Forward
- To revitalize the RTI framework, India must prioritize timely appointments, enhance digital transparency, and strengthen protections for whistleblowers.
- A robust RTI is essential for accountability and public trust in governance.