RTI – CIC, RTI Backlog, etc.

Scuttling people’s Right to Information (RTI)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Features of the RTI

Mains level: Issues related to RTI;

Why in the News?

Governments are undermining the RTI Act by delaying the appointment of information commissioners, causing commissions to struggle with increasing backlogs, according to a 2023-24 report of Satark Nagrik Sangathan.

About Satark Nagrik Sangathan (SNS):

  • Satark Nagrik Sangathan (SNS) is not a government-based organization; rather, it is a citizens’ organization focused on promoting transparency, accountability, and good governance in India.
  • A citizen organization is a non-governmental group formed by individuals who come together to advocate for specific causes, promote social change, or address community issues..

Current Challenges Facing the Implementation of the RTI Act:

  • Vacant Posts in Information Commissions: Many information commissions have unfilled vacancies, which severely affects their functioning. For instance, the Central Information Commission has eight out of 11 positions vacant. Some state commissions, like those in Jharkhand, Tripura, and Telangana, have been defunct for years.
  • Mounting Backlogs: The lack of sufficient information commissioners has led to over 4 lakh pending appeals and complaints. In some states, such as Chhattisgarh and Bihar, a fresh appeal may not be disposed of until 2029.
  • Bias in Appointments: A majority of appointed commissioners are retired government officials or individuals with political affiliations, leading to reluctance to take action against transparency violations.
  • Failure to Impose Penalties: Commissions rarely penalize officials for violations, with penalties imposed in only 5% of cases where applicable. This promotes a culture of impunity and discourages proper adherence to the RTI Act.
  • Regressive Amendments: Amendments to the RTI Act in 2019 reduced the autonomy of information commissions by giving the central government control over tenure, salaries, and entitlements of commissioners. The 2023 Digital Personal Data Protection (DPDP) Act further restricted the disclosure of personal information under the RTI Act.
  • Threats and Attacks on RTI Activists: There have been nearly 100 killings and thousands of cases of assault, intimidation, and legal harassment against individuals using the RTI Act.

How the Erosion of RTI Undermines Democratic Principles:

  • Weakening of Accountability and Transparency: The RTI Act empowers citizens to seek information and hold the government accountable. Erosion of this right leads to reduced government transparency, weakening the democratic process of checks and balances.
  • Increased Impunity and Abuse of Power: The failure to impose penalties and enforce accountability fosters a culture where officials can evade scrutiny without facing consequences, allowing for corruption and abuse of power to thrive.
  • Diminished Public Participation in Governance: The RTI Act plays a crucial role in empowering citizens to participate in governance by providing access to information. Restrictions on this access limit citizens’ ability to make informed decisions and engage with government policies effectively.
  • Chilling Effect on Whistleblowers and Activists: Threats and violence against RTI users deter citizens from using the law to expose wrongdoing, leading to a decrease in transparency and whistleblowing.

Measures to Strengthen the RTI Framework in India: (Way forward)

  • Fill Vacancies and Increase Capacity: Appoint information commissioners promptly to reduce backlogs and ensure commissions function efficiently. Strengthen the infrastructure and manpower of commissions to handle increasing workloads.
  • Restore Autonomy and Accountability: Reverse regressive amendments and ensure that information commissions operate independently. Implement stricter measures for imposing penalties on officials who violate RTI norms.
  • Strengthen Legal Protections for RTI Users: Operationalize the Whistleblowers Protection Act, 2014, to protect those who face retaliation for using the RTI Act. Provide security and legal assistance to activists and whistleblowers.
  • Promote Digital Solutions: Enhance the use of digital platforms to file RTI applications and appeals, and improve the efficiency of the information disclosure process. This can help reduce delays and improve transparency.
  • Public Awareness and Training Programs: Conduct regular public awareness campaigns to educate citizens about their rights under the RTI Act. Provide training to information officers to improve their understanding of the law and ensure timely and accurate responses.

Mains PYQ:

Q Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (UPSC IAS/2020)

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