Published last month, the report evaluates performances of Public Information Officers (PIOs) and Appellate Authorities (AAs), and contains observations on implementation of the RTI Act.
Almost 13 years after the Right To Information (RTI) Act came into existence, understanding about the landmark law still seems to be inadequate among the public, as per the 11th annual report of the State Information Commissionerate (SIC).
Published last month, the report evaluates performances of Public Information Officers (PIOs) and Appellate Authorities (AAs), and contains observations on implementation of the RTI Act. In particular, the SIC report has made some observations which, it feels, reflects “lack of understanding” about the law.
“Years have passed since the law has been passed, yet it seems it has failed to reach the people in its true spirit,” the report stated. To illustrate this point, it has drawn attention to the following points:
# Instead of seeking information, applicants demand administrative action on complaints.
# Instead of asking for photocopies of documents, applicants demand action on pending complaints or issues
# Often, the PIO is asked questions about administrative decisions that do not come under the preview of the RTI Act.
# Applicants ask for information about the whole state in one application
# Applicants demand additional information in first and second appeals, beyond what was demanded in the original application
# Multiple appeals are made by the same person
# Applicants demand wide-ranging information in the same application
# While going for an appeal, applicants don’t append the prescribed fees and documents
The report has also pulled up officials for alleged neglect of the law. “We have observed that the PIOs and AAs don’t take action on the applications within the prescribed time limit. Also, there are instances when orders of the AA are not being followed. At times, the AA does not record the delay in providing information in their order,” the report stated.
The annual report has also raised serious concerns about possible misuse of the law. Among issues flagged by the report are multiple appeals by a single person as well as possible misuse of the clause that allows free access to information for those living below the poverty line.
“That the RTI Act is being misused is a fact. The need of the hour is for RTI users, government officials and others to come together to prevent this,” the report stated. However, RTI activist Vijay Kumbhar said the observations made by the SIC — about the lack of understanding about the Act — was “against the very spirit of the law”.
“The RTI Act has provisions for helping applicants who can’t write their own applications. In a way, these observations show the lack of understanding of the Act by the Commissionerate,” he said.
Kumbhar claimed the training given to PIOs and AA was flawed. “Instead of a third party training agency, they are trained by state government officials…,” he said.