No Right to Information??

As a welcome and much needed reform in the world’s largest democracy, India enacted the Right to Information Act of 2005. Two years after this step, the Government of India announced that it was making available this right to Indian citizens abroad through Indian Embassies and missions around the world. First of all, why it took the Government two years to take this step is unclear. Neither the Citizenship Act 1955 nor the RTI statute differentiates between Indian citizens living within India or abroad. So theoretically, all Indians have had this right from day one.

So I am giving the government the benefit of doubt and taking a position that this announcement meant that Indians abroad could file RTI applications at Indian Missions abroad by paying application fees in local currencies. A quick googling on the web showed me that I was not the only one assuming this. Even the Central Information Commission thinks so because it has on its website the same article that most of us on the web read on Government announcement.

Having finally found an avenue to file RTI application, I sent 3 different RTI applications to the Indian Embassy in Washington DC along with proof of my citizenship and requisite fees (I personally think charging equivalent of Rs. 10 in foreign currencies is ridiculous and that it should be at least $1 considering the local costs. But that is besides the point of this article so I won’t digress). Now, just because they are located outside does not mean GOI babus work any differently. Dutifully, the designated PIO at the Embassy replied that such information was not available with the Embassy and that I should apply to concerned PIO instead. Even the Embassy website was updated with that interpretation.

I am no lawyer, but even a cursory reading of Section 6 (3) of RT Act of 2005 and I quote

“Section 6 (3): Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.”

makes it clear that it is the responsibility of the Embassy PIO to forward my application to the concerned PIOs. However, the position of the embassy that it will only accept applications related to information at the Embassy itself defeats the basic purpose of providing RTI facility through the embassies and high commissions. So I guess if you are an Indian citizen living outside India – you have no right to information at least as it stands now because you really have no way to send your application with requisite fees in Indian Rupees.

I have filed an RTI application with the embassy to find origins of this interpretation and validity and I will keep the readers posted.

Fight against Corruption

Corruption has been the worst bane of India’s maturity into a developed country. From the very beginning of an independent India, the socialist mentality and model of government meant the politicians and bureaucracy held disproportionate power and hold on the life of an ordinary citizen.

Till some years ago, the Government was directly or indirectly involved in every single aspect of an ordinary person – ration cards, gas connections, telephone, and banking. The procedures were set up so that an ordinary person had to jump through a thousand hoopes to get a single request approved. This was a favorable breeding ground for corrupt bureaucrats who began asking for bribes for the most routine issue to be sorted out. And when everyone realized there was at the most a remote chance that they would be prosecuted and an even remote chance that they would ever be convicted for these offences, over the years it became a norm. Secrecy about how government offices worked and made decisions was of utmost importance. Most people had not seen anything better in the Government and only a daring few could do something about it. People have become so used to it now that they cannot believe any civil servant will actually be clean and do their job without asking for favors.

However, ever since the Right to Information Act of 2005 came into effect, there are positive signs that things may finally be beginning to change, albeit slowly. While the media has been slow to use this to the advantage and dig up information about waste of public funds, corruption and other acts of malfeasance, various individuals and Non Government Organizations (NGOs) have taken up the cause to fight corruption and are doing commendable job at it.

Arvind Kejriwal of Parivartan was awarded the 2006 Ramon Magsaysay Award for activating India's Right to Information movement at grassroots and social activities to empower the poorest citizens to fight corruption by holding the government answerable to the people. More recently, another NGO has been launched in Chennai. It is known as the 5^th Pillar. 5^th Pillar was in the news recently when it launched its initiative to fight corruption using a “Zero Rupee Note”.

It is up to each and every one of us to get involved in such efforts to root out the culture of bribery and corruption plaguing our public sector. Let’s all hope that such efforts can on and gather critical mass in the society that a difference becomes visible to the common man in next 5 years.