>
>
> In a recent interview I heard Arvind Kejriwal opine that the RTI has
> too many backlog cases and the Information Commission which is
> supposed to fine the officers does not bother to implement this
> fine/action**, thereby pushing the RTI towards its slow and imminent
> death.


The information on MPLADs and MLALADs as well as use of funds by municipal
councillors is often already documented by concerned officials. So also,
details of attendance and questions asked are recorded and documented by
Parliamentary and Legislative committees. It is simply a matter of the
officials compiling this information and giving it. That is how both SNS and
Praja have managed in Delhi and Mumbai respectively. They have also used
other information sources and analytical methods to arrive at their
respective conclusions and develop their databases/information archives.

RTI is both a normative and a tactical tool and is utilized in various ways.
At the local level, it can be very efficacious, especially in circumstances
where information is sought to be concealed, like information about
Privatization projects and about land use and land development. At the same
time, many people file RTI applications which inconvenience some of the
already over-worked officials, especially in the municipal departments. When
I was researching an e-governance project in the Mumbai municipal
corporation (BMC), the complaint officers who handle the processing and
following up of all civic complaints at ward levels showed me the large
volumes of information that individuals were demanding from them. This
required the complaint officers to collect the data from other departments
in addition to sourcing it our from their own. Sometimes this results in
natural delays and therefore, the fines can be unjustified in such
circumstances. Also, lower level officers tend to get fined more often than
the higher level bureaucrats and this could mean a lot not only in monetary
terms, but also bringing them under the ire and fire of seniors,
particularly in an atmosphere where there is talk of blanket privatization
of municipal services and departments, and cutting down on staff (both of
which need to be examined contextually and politically). In one case, the
secretary to the governor showed me how a lady had filed a RTI application
asking about the size of the helipad in the governor's bungalow, the amount
of petrol consumed by the helicopter, safety measures, etc. He said he would
not mind giving the information but he needed to know why she wanted this
information because it could have security implications.

Albert O Hirschmann's work titled "Exit, Voice and Loyalty" is very
interesting in regard to RTI. Hirschmann analyzes what happens when people
have too many options to exercise their "voice" and when too many people
decide to express their "voice" in particular circumstances. He tries to
understand these patterns in the context of feedback cycles and how these
cycles can get skewed in situations when one option is exercised excessively
than the other.



> I've also heard that the RTI is largely misused but i'd still
> like to think its an effective tool if used positively.
>

As in? What would be the examples. Just curious.


>
> ** iirc, Kejriwal said the IC is empowered to fine the officer 5 bucks
> per day beyond the mandatory 30 days. In  some cases this has turned
> into a 3 year window.
>

Would be interesting to know which cases these are. When the organization I
was associated with in Mumbai tried to help a person to file an RTI with the
metropolitan development authority to know how and where builders had used
development rights in the city, we got a blatant response saying, "Here are
the contact details of the Appellate Authority. Go an lodge an appeal saying
we are not giving you this information." !!!


-- 
Zainab Bawa
Ph.D. Student and Independent Researcher

Between Places ...
http://zainab.freecrow.org

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