New Delhi: Right to
Information (RTI) activists and researchers have taken exception to some of the
proposed changes to the Right to Information Rules 2017.
One activist described
the changes suggested by the Department of Personnel and Training (DoPT) as
aimed at “inciting more attacks on RTI activists” and “far from the NDA’s
digital revolution idea”.
The reactions are coming
in thick and fast after the DoPT put up the proposed changes on its website,
inviting comments from publicVenkatesh Nayak, programme coordinator, Access to
Information Programme, Commonwealth Human Rights Initiative, told News18 that
the proposed clause in the rules which specifies withdrawal and abatement of
appeals in case of death of an applicant is nothing short of a ‘death sentence’.
“In 2011, the DoPT had
proposed a similar provision that was vehemently opposed by the civil society.
Both measures were eventually dropped after civil rights activists highlighted
media reports of murder attempts on RTI applicants who sought information in
public interest. In 2017, there have been more than 375 recorded instances of
attacks on citizens who sought information to expose corruption and wrongdoing
in various public authorities. Of these, 56 are murders, at least 157 cases of
physical assault and more than 160 cases of harassment and threats some of
which have resulted in death by suicide,” said Nayak.Dr. Anand Rai, RTI
activist and the Vyapam scam whistleblower, opposed the clause, saying it would
cause uncertainty among RTI applicants.
“This could prove very
dangerous because people who do not want specific disclosures to be made can
just get the applicant killed or murdered. Even the proposal to charge Re1 as
postal fee is unreasonable,” said Rai.
Nayak also pointed out that
the rules were a far cry from the NDA government’s push for digital
revolution.Draft Rule 4 continues to prescribe fees for providing information
in the form of 'diskettes and floppies'. According to Nayak, “Both forms of
electronic storage have become outdated.”
“The DoPT is directly under
the Prime Minister who is pushing India towards the digital age in the TINA
mode (There Is No Alternative mode) without ascertaining whether people want
it, and if there is adequate infrastructure and awareness for such an initiative.
It must discard floppies and diskettes and adopt more modern methods of
information storage,” said Nayak.
The other controversial
clause in the proposed rules is the one which now allows the Central
Information Commission (CIC) to convert a complaint into a second appeal,
meaning it can order the disclosure of information to an applicant who has come
under complaint clause of the RTI Act which was not the case earlier.
However, both Nayak and Rai
seem to differ on the applicability of this provision. Although Rai feels that
this proposition would now mend pendency and also expedite the process of
filing a second appeal, Nayak said that appeals and complaints mechanism is
being turned into complicated legal procedures.
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