Dear All
I am writing this mail on behalf of Public Cause Research Foundation (A
Parivartan Inititative) and Human Rights Law Network for inviting RTI
activists from Andhra Pradesh for a meeting of RTI Activists of AP and
Lawyers to discuss about the problems we face in implementation of the RTI
Act and various wrong interpretation of the Act by the PIOs. The meeting is
scheduled for 02.03.2008 at Swcunderabad (Hyferabad). The venue of the
meeting is HASSS Training Center Sangeet Road Opp:Oriental Bank
Secunderabad.
The Act came into force on 12th Oct 2005, and ever since, the RTI Activists
across the country has started to work for its proper and effective
implementation. Drive against Bribes Campaign in collaboration with media
houses during 1st and 15th July 2006 was a very successful event all across
the country, in which more than 700 civil societies working on RTI in
different parts of the country participated.
In last two years, it is felt that the Public Information Officers in
different public offices are misinterpreting the exemption clause in the RTI
Act [section 8(1)] to deny information and the Information Commissions are
also upholding their decisions. Most of these denial decisions are unjust
and can easily be quashed, if we challenge it in High Courts. Further, there
are cases also where the Public Information Officers are challenging the
decisions of the Information Commissions in the High Courts, if the
Commissions direct them to provide information. In both these cases, the
applicant under RTI act, having no legal support, faces difficulty in
presenting his argument in the High Court. This is also because that he is
neither having the resources to go to the high court nor he knows any
lawyer/ lawyer group who can handle such cases in High Court. As a result,
not only the side of the applicant remains unrepresented, but the Act is
interprated in a biased manner favouring non disclosure.Thus the object of
this legislation gets defeated.
There are other issues as well, that require immediate attention. Some
Information Commissions are so slow in disposing the appeals/ complaints
filed under the RTI act that they are now facing huge pendency. For example,
in Maharashtra, approximately 11,000 appeals/ complaints are pending and
with the current rate of disposal, if one appeal/ complaint is fileds today
in the commission, it would be heard after 3 years. This defeats the very
purpose of the Act and makes the Act almost dead. The Act provides for
appointing a maximum of 10 information commissions in a commission, but this
is not the solution to this problem. In UP, despite the full strength of
Information Commissioners in the state, the pendency is still approximately
15,000 appeals/ complaints. Similar is the situation in Punjab, where there
are also 10 information commissioners. There is a need to change the
approach of the commissioners and to adopt certain changes in their
functioning. We have to discuss and find out ways for speedy disposal of the
cases and approach the commissioners to adopt these changes.
There are cases where despite clear voilation of the provisions of the Act,
the Information Commissions are not imposing any penalty on the erring
Public Information Officers. As a result, the PIOs are willfully denying
information and all such cases comes to the Information Commission. As soon
as the Information Commissions start imposing penalties, the RTI
functionaries will start working in a better manner and the pendency in the
commission will also fade away. In last two years, in Central Information
Commission, only 39 penalties were imposed and less than 10 have been
realized. These are some very important areas and there is a need to take a
note of that as well. These cases are also required to be challenged before
the High Courts and get a direction from the court to these commissions for
imposing the penalties.
We, at Public Cause Research Foundation (A Parivartan Initiative) in Delhi,
are providing some legal support to the RTI Movement, but with a very small
number of advocates, we can not support the entire movement. In this
connection, HRLN has come forward to support the movement and to take the
cause of the movement to the courts. Thus, we are having meetings in every
HRLN office where the RTI Activists from different parts of the state and
lawyers from HRLN and other associates of HRLN can talk on these issues and
discuss future strategy for the same.
In Hyderabad meeting on 02.03.2008, we plan to start this meeting by 10:00
am (with an introduction about the purpose & possible outcome of the
meeting, national level difficulties in implementation of the Act and also
interpretation of various provisions of the Act. I will be doing this part
along with HRLN Andhra Pradesh unit. This will be followed by presentations
by RTI Activists in the state on the difficulty in implementation of the RTI
Act and state specific issues. Please suggest the persons, who can give a
presentation on this issue. Then HRLN can also give a presentation on the
possible strategy for tackling these issues and how cases in High Court can
be filed under a strategy. After this the discussion will start and as per
the need of the house, the course of discussion will be decided. But
broadly, the issues will be- arbitrary interpretation of section 8(1),
non-imposition of penalty, large number of pending appeals and complaints in
the commission, functioning of the Information Commission, High Court rules
under RTI Act etc. The participants can also bring in their own cases, which
can also be discussed and taken up for future action. This meeting will be
more of a discussion meeting than a presentation meeting.
For more information, you can contact Human Rights Law Network, House
N0.1-9-31 2/5/2, Achyutreddy Marg, Vidya Nagar Hyderabad 500004 Andhra
Pradesh or Ms.D. Padmavathi, Advocate, HRLN on +919885392482 or at
[EMAIL PROTECTED] Please also email us confirming your participation at
[EMAIL PROTECTED] and to me at [EMAIL PROTECTED]
Please also forward this mail to other groups/ persons who can join us in
the meeting at Hyderabad.
Thanks and Regards!
*DivyaJyoti Jaipuriar*
Advocate
Public Cause Research Foundation
(A Parivartan Initiative)
Delhi.
--
DivyaJyoti Jaipuriar, Advocate
Public Cause Research Foundation
(A Parivartan Initiative)
www.parivartan.com
[EMAIL PROTECTED]
Tel/ Fax: +91 11 22356759
Cell: +91 9868002365
Visit me at www.jaipuriar.com/index.htm
National RTI Helpline No. +91 9718100180
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