RTI activists will attack with the pen, not sword

What's wrong if RTI Act is used for 'blackmailing' as long as it fights graft, ask activists

RTI activists will attack with the pen, not sword

What's wrong if RTI Act is used for 'blackmailing' as long as it fights graft, ask activists

Some days ago, when Right to Information (RTI) activist Arun Mane from Talegaon was allegedly attacked, information campaigners termed it an attack on activism. When later Mane retracted his statement and reportedly confessed to faking the attack, it was labelled police coercion.

As a result of such incidents and campaigners' reactions, RTI activists are being labelled blackmailers and publicity seekers by some sections of society.

In the second session of In The Hot Seat, MiD DAY quizzed Vivek Velankar and Vijay Kumbhar, two prominent activists from the city, on RTI activism becoming a 'profession' for a few individuals.

RTI is an important tool, but because of its misuse do you think there will come a time when RTI will not be looked at seriously?

Velankar: Every other act, including the Criminal Procedure Code, Indian Penal Code, et cetera, are also being grossly misused. I don't think personal use is a misuse of the RTI Act. We promote personal use of the RTI Act.

If any individual is clean, he has no reasons to worry about the misuse of the act.

It's the first tool for citizens and the misconception about it is wrong, deliberately done by a lobby of hurt bureaucrats, politicians and some information commissioners too.

Is the act being used less and less for social causes?
Kumbhar: If every Indian uses RTI once in lifetime, at least 100 crore problems will be solved. But every citizen is not social. If you say the act should be only used for social cause, the act is gone. People have problems with BSNL, MSEB, passport, RTO, police, what do they do? Earlier they did not have any option, but now people have the tool of RTI to fight injustice.

Looking at the number of attacks on RTI activists, will citizens be afraid of asking questions?
Kumbhar: Yes, people will get scared to ask information under RTI. After (RTI activist Satish) Shetty was killed and his brother forced to leave his native town, how can we expect people like Arun Mane to work fearlessly?

Your opinion on the Arun Mane case ufffd
Kumbhar: Mane has done nothing wrong by withdrawing the case. He has never said that the attack on him was a fake one. He had said that his mother is a heart patient and that there are threats to his brother's small children. Therefore he had asked the police to get some way out, but the cops told him that he had done wrong and there was no evidence of him being attacked. RTI activists will attack by pen, not by sword.
Velankar: The assaults on activists show that the act is being used correctly. People who can't answers questions are resorting to the last option of attacking the activists. Providing police protection to activists is also not the solution to the problem.

Is RTI becoming a blackmailing tool?
Velankar: To one extent it's good. Let more and more RTI applications pour in so that corrupt individuals will stop their illegal practices. The problem is that when activists demand some information and go public about it, they are accused of being media-savvy and publicity seekers. On the other hand, if they do nothing with the information, they are accused of 'settling' the issue by taking money.

Kumbhar: Settlement is wrong, that is why we are demanding information should be made public. If we take the case of Pune Marathon expenditure, the Pune Municipal Corporation had to come clean on the amount of Rs 25 lakh, which in a way has saved Puneites money. They only care for media, no one else.

Does integrity of the activists matter?
Kumbhar: During the proceedings of Shetty case, the honourable court ordered to
find genuine RTI activists. But, for example, if I have demanded information regarding Suresh Kalmadi regarding CYG, do think he will speak good things about me? How will we decide on the integrity of any individual?
What is the status of GR (government resolution) on giving police protection to activists?

Kumbhar: The GR is largely misinterpreted by activists. If any activist faces threats, he should first approach the nearest police chowky or station wherein a non-cognisable offense will be registered. If the activist goes to court and obtains orders for police protection, he would be provided it, but that too only for four to six days and a paid one.

Who is responsible for pending RTI applications?
Velankar and Kumbhar: It is difficult to give percentage of RTI applications processed because a major chunk of it comprises of individual cases of which no record is maintained. Every year 5 lakh applications are received in Maharashtra and there is pendency at every stage, including the second appeal. If anyone gets information after one-and-a-half year, it loses its importance. The state government and information commissioners are responsible for it.

Information commissioners have powers to fine the authorities for dereliction in their duties, but not even in one per cent cases such action happens. Moreover, no one has the powers to fine the commissioners if they also fail to provide information in the given time period of second appeal.

Has bureaucracy crept into the working of the state information commissioners?
Velankar: With only one exception of Vijay Kuvalekar, all other state information commissioners are bureaucrats, and their appointments are politically influenced. Ramanand Tiwari was the worst bureaucrat, but he was awarded the post of state information commissioner, giving him five years of immunity. That's why when Tiwari was asked to go, he said, 'I won't resign.'

Enlist three important things to improve RTI Act implementation.

Velankar and Kumbhar: One, implementation of Section 4 (Voluntary disclosure of information). It will also reduce the pendency of cases.

Two, appointment of transparent and efficient information commissioners. Lack of this is the biggest lacuna presently.

Three, an agency like the Election Commission should be set up ufffd with no interference of government and administrative officers ufffd to look after cases of assault on activists.