Note4Students
From UPSC perspective, the following things are important :
Mains level: Challenges to RTI;
Why in the News?
The RTI Act allowed people to question the government, but the government soon tried to weaken it.
Why is the RTI now being viewed as the ‘right to deny information’?
- Judicial Interpretations Diluting the Scope of RTI: Key court judgments, like Girish Ramchandra Deshpande vs. CIC (2012), have expanded the definition of “personal information” under Section 8(1)(j) of the RTI Act. This allows authorities to deny information about public servants’ misconduct, assets, and disciplinary records.
- Delayed Appointments and Case Backlogs: Government delays in appointing Information Commissioners have led to massive backlogs, reducing the effectiveness of the RTI. Information is often provided after significant delays, turning it into a “right to history.”
- Narrow Interpretation of Public Interest: The Supreme Court’s ruling in CBSE vs. Aditya Bandopadhyay (2011) warned against the “misuse” of RTI for seeking all types of information, limiting disclosures that could allegedly disrupt administrative efficiency.
- Example: Information requests related to public policy decisions are frequently denied on vague grounds of protecting “national integration” or preventing “administrative burden.”
What have been the key achievements of the RTI since its inception?
- Increased Transparency and Accountability: The RTI Act has empowered citizens to hold public authorities accountable by providing access to government records and decisions. Example: In 2007, RTI applications exposed corruption in the National Rural Employment Guarantee Scheme (NREGA), leading to better monitoring and payment transparency.
- Exposing Corruption and Misuse of Power: RTI has played a crucial role in uncovering major scams and irregularities, prompting legal and policy reforms. Example: The 2G spectrum scam (2008) involving massive financial irregularities in telecom licensing was brought to light through RTI inquiries, leading to the cancellation of 122 telecom licenses by the Supreme Court.
- Empowering Marginalized Communities: Rural and marginalized groups have used RTI to access entitlements like ration cards, pensions, and housing schemes, ensuring their socio-economic rights. Example: In Rajasthan, villagers used RTI to reveal discrepancies in public distribution system (PDS) records, ensuring access to their rightful food supplies.
What are the limitations of RTI?
- Exemptions under Section 8: Certain categories of information are exempt from disclosure, such as matters related to national security, sovereignty, and personal privacy. Example: Information related to defense strategies or confidential Cabinet discussions cannot be accessed through RTI.
- Delayed or Incomplete Responses: Bureaucratic delays and lack of accountability often lead to incomplete or delayed information, undermining the RTI’s effectiveness. Example: In 2021, RTI applications regarding COVID-19 vaccine procurement faced significant delays, limiting public scrutiny during a critical period.
- Threats and Intimidation of RTI Activists: Whistleblowers and activists who use RTI to expose corruption face harassment, threats, and even violence. Example: Amit Jethwa, an RTI activist from Gujarat, was murdered in 2010 after exposing illegal mining near the Gir Forest.
Does India have an alternative to the RTI?
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Way forward:
- Strengthen Institutional Framework: Ensure timely appointment of Information Commissioners, enforce penalties for delayed/incomplete responses, and streamline processes to reduce case backlogs.
- Enhance Legal Safeguards: Amend the Whistleblower Protection Act for better security of RTI activists and clarify exemptions under Section 8 to prevent misuse while balancing public interest.
Mains PYQ:
Q “Recent amendment 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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