Convinced that Right to Information Act 2005 was being sabotaged in Maharashtra, Member of Parliament Sanjay Nirupam took a delegation of five prominent RTI Activists to meet Chief Minister Ashok Chavan on 29th June. The team met the CM at his Malabar Hill residence and presented a charter of demands for proper implementation of the RTI Act, including the need to appoint State Information Commissioners by a transparent and verifiable selection process.
They urged the government to phase out the current batch of SICs whose selection was based on political patronage and nepotism. They gave a written analysis of improper orders passed by Dr Suresh Joshi, Chief State Information Commissioner of Maharashtra, and complained that he was violating the RTI Act in letter and spirit. Chief Minister Ashok Chavan referred their submissions to the Chief Secretary, and assured that he would look into the matter immediately so the problems were eliminated and RTI was properly implemented.
The delegation led by Mohammed Afzal included G R Vora, Sunil Ahya, Krishnaraj Rao and Ravi Kiran Haldipur – RTI Activists who have been agitating at the State Information Commission since November 2008 for penalties to be imposed on Public Information Officers (PIOs) who unjustifiably deny information to citizens. The charter of demands was submitted on behalf of the ten RTI Activists who were jailed for 48 hours last month on Dr Joshi’s allegations of rioting and trespass.
“Correcting the faulty implementation of RTI Act is a priority area for the UPA government, both at Centre and in the State,” said Sanjay Nirupam after the meeting with the Chief Minister. “I have personally taken up this agenda, and shall follow it up with the Chief Minister and at higher levels,” he added.
The below items may be downloaded from http://www.box.net/shared/kr32jrnntv
1)Charter of Demands to Govt. of Maharashtra
2)Analysis of Dr Joshi’s mala fide orders
3)Photo of Sanjay Nirupam, MP, addressing a gathering of RTI Activists on 30th May
4)Photos of the five activists
Warm Regards,
Krishnaraj Rao
98215 88114
Tuesday, June 30, 2009
Mr Citizen, Don’t let them Betray RTI’s Historic Promise to you
1947: Beginning of Neta Raj & Babu Raj
In 1947, British Rule ended, but we did not get Swaraj (Self Rule). The British administrative system continued. Indian administrators, judges etc resisted becoming answerable to you, the citizen, the common man. They concentrated power with themselves by making arbitrariness and “discretionary powers” their fortress, and thus they prevented the coming of true democracy and Rule of Law.
You, Mr Citizen, became part of a giant lottery-machine called Elections to decide which politicians occupied the seats vacated by British rulers. Elections empowered politicians who could create mob-psychology to make people vote along communal or casteist lines. The individual citizen remained weak and powerless.
2005: Year of Promise of True Swaraj
Nearly 60 years later, the passing of Right to Information Act holds out the promise of true Swaraj. Our actions today will determine whether this promise is fulfilled, or whether it is betrayed.
Please understand this, Mr Citizen: RTI ACT 2005 IS A DETAILED PROMISE, A CONTRACT BETWEEN GOVERNANCE BODIES AND THE COMMON MAN. NO CLAUSE OF THIS CONTRACT IS UNIMPORTANT OR MEANINGLESS. This contractual document is extremely valuable, because its remedies are accessible to all of us, unlike other legal remedies that have gone out of our reach.
The RTI Act gives you the right to question the actions and decisions of the administration, judiciary, police etc. It gives even poor citizens the power to ask what are the various criteria being used to govern him, and how these criteria are being applied in actual reality. In this way, it enables each of us to participate in governance.
To enforce your newly-defined right, a structure has been set up. PIOs, FAAs and Information Commissions are part of this structure. However, the people within this structure are mostly bureaucrats and administrators -- the same people who have successfully resisted transparency for 60 years after Independence. Naturally, they continue to resist.
2009: Year of Promise Fulfilment or Betrayal
We are now at a critical juncture of history, Mr Citizen. There is a great opportunity, but also a great threat. The OPPORTUNITY is that India’s common man will understand that nobody can GIVE him Swaraj; he has to awaken and TAKE Swaraj. Swaraj diya nahin jayega, ussey lena padega. No mai-baap sarkar will fulfill a citizen’s responsibilities in return for votes and taxes; every man and woman must participate in self-government by seeking to understand decisions taken on their behalf by various public authorities.
The THREAT, Mr Citizen, is that you will expect a small number of activists to fight and give you Swaraj on a silver plate. There is a danger that we activists will actually try to do so and be rewarded by the system with fame and power. If this happens, then we activists will become one with the privileged elite classes, and you will become helpless for another 60 years. If you allow leading activists – especially those who are elevated as Information Commissioners etc -- to start making unlawful decisions “in everybody’s interests”, then Swaraj will be lost. Therefore the battle for proper implementation of RTI must be dominated by large numbers of you -- RTI applicants and appellants – and not just a few activists like us. Each of you must become a warrior and fight, alone if necessary, and in groups if possible.
To get Swaraj, Fight for UNADULTERATED ENFORCEMENT OF RTI ACT
A variety of “well-meaning and experienced people” – including administrators, appellate authorities, Information Commissioners and activists – are saying that the RTI Act must be enforced leniently, not strictly. These are men of great moral stature… but please don’t believe them, Mr Citizen, because this is a lie that will keep you dependent on their favours and mercies, and prevent true systemic reforms.
“Well-meaning and experienced people” are telling you not to insist on Section 20 of RTI Act, which stipulates penalties and disciplinary action for even a single day’s delay in providing information. “Do you really want information, or are you doing this to harass the poor PIO?” they ask. Don’t let them fool you, Mr Citizen; reply that you want the RTI Act to be enforced – nothing more and nothing less.
“Well-meaning and experienced people” are warning you that if every PIO who denies information is penalized, the system will collapse. Even strict enforcement of Section 19(5) -- compelling the PIO to justify his actions in writing – will cause system failure, they gravely add. Don’t trust them, Mr Citizen; they are defending the status quo, and preventing the balance of power from shifting in your favour.
“Well-meaning and experienced people” argue that asking for orders in an objective format amounts to questioning their quasi judicial powers. Discretionary powers are necessary for functioning, they say without a trace of irony. “Everything in a judicial process cannot be reduced into black and white”, they argue. And so they exercise their discretionary powers and mighty intellect to give vague and dubious orders that ignore obvious questions of law such as:
(i How many days of delay was PIO guilty of?
(ii Was PIO’s reply evasive, incomplete, misleading or false?
(iii Was information denied unjustifiably?
(iv Did PIO submit a written justification for each of the grounds of appeal?
(v Are PIO’s justifications upheld under relevant provisions, or are they rejected?
(vi If PIO is being asked to give information in the Second Appeal hearing or order, why is he not eligible for penalty? Why is he being let off without even a written reprimand?
Insist on Orders that clearly mention points points such as to be given immediately after your hearing. If that is not possible on the same day, ask him nonetheless to give you a clear order according to this format.
Oh yes, he may shout at you, threaten you, ask you to get out… but don’t you fear him, Mr Citizen. Because he is after all a public servant who is paid a salary to serve you and defend YOUR RIGHT to information; you are in reality his master. His kind of people have bullied us all for the last 60 years with great bluster, a show of offended dignity and arbitrary use of power and influence. But don’t waver, Mr Citizen, stand firm. Control your temper and keep your voice pleasant. If you remain calm and are careful not to misbehave even under provocation, he has no legitimate power to punish you. In the end, he shall yield before you, my friend. Never lose faith; this is Satyagraha.
REJECT VAGUE ORDERS BY POLITELY TEARING THEM UP BEFORE THE INFORMATION COMMISSIONER AND SUBMITTING THEM IN THE DESPATCH DEPARTMENT. Alternatively, burn such orders in large numbers in a public place to make a peaceful but forceful gesture for rejection of vagueness. Circulate the photos of such tearing and burning to media and fellow-activists to encourage others to do the same.
Satyagraha means a non-violent, fearless, unyielding insistence on the truth. “We, the People” must seize the promised powers of the RTI Act through Satyagraha and Civil Disobedience. There is a great need for such a movement right now, Mr Citizen. Don’t wait for us activists to do this; act now to begin this movement and reclaim your Swaraj.
Jai Hind!
Warmly,
Krish
98215 88114
In 1947, British Rule ended, but we did not get Swaraj (Self Rule). The British administrative system continued. Indian administrators, judges etc resisted becoming answerable to you, the citizen, the common man. They concentrated power with themselves by making arbitrariness and “discretionary powers” their fortress, and thus they prevented the coming of true democracy and Rule of Law.
You, Mr Citizen, became part of a giant lottery-machine called Elections to decide which politicians occupied the seats vacated by British rulers. Elections empowered politicians who could create mob-psychology to make people vote along communal or casteist lines. The individual citizen remained weak and powerless.
2005: Year of Promise of True Swaraj
Nearly 60 years later, the passing of Right to Information Act holds out the promise of true Swaraj. Our actions today will determine whether this promise is fulfilled, or whether it is betrayed.
Please understand this, Mr Citizen: RTI ACT 2005 IS A DETAILED PROMISE, A CONTRACT BETWEEN GOVERNANCE BODIES AND THE COMMON MAN. NO CLAUSE OF THIS CONTRACT IS UNIMPORTANT OR MEANINGLESS. This contractual document is extremely valuable, because its remedies are accessible to all of us, unlike other legal remedies that have gone out of our reach.
The RTI Act gives you the right to question the actions and decisions of the administration, judiciary, police etc. It gives even poor citizens the power to ask what are the various criteria being used to govern him, and how these criteria are being applied in actual reality. In this way, it enables each of us to participate in governance.
To enforce your newly-defined right, a structure has been set up. PIOs, FAAs and Information Commissions are part of this structure. However, the people within this structure are mostly bureaucrats and administrators -- the same people who have successfully resisted transparency for 60 years after Independence. Naturally, they continue to resist.
2009: Year of Promise Fulfilment or Betrayal
We are now at a critical juncture of history, Mr Citizen. There is a great opportunity, but also a great threat. The OPPORTUNITY is that India’s common man will understand that nobody can GIVE him Swaraj; he has to awaken and TAKE Swaraj. Swaraj diya nahin jayega, ussey lena padega. No mai-baap sarkar will fulfill a citizen’s responsibilities in return for votes and taxes; every man and woman must participate in self-government by seeking to understand decisions taken on their behalf by various public authorities.
The THREAT, Mr Citizen, is that you will expect a small number of activists to fight and give you Swaraj on a silver plate. There is a danger that we activists will actually try to do so and be rewarded by the system with fame and power. If this happens, then we activists will become one with the privileged elite classes, and you will become helpless for another 60 years. If you allow leading activists – especially those who are elevated as Information Commissioners etc -- to start making unlawful decisions “in everybody’s interests”, then Swaraj will be lost. Therefore the battle for proper implementation of RTI must be dominated by large numbers of you -- RTI applicants and appellants – and not just a few activists like us. Each of you must become a warrior and fight, alone if necessary, and in groups if possible.
To get Swaraj, Fight for UNADULTERATED ENFORCEMENT OF RTI ACT
A variety of “well-meaning and experienced people” – including administrators, appellate authorities, Information Commissioners and activists – are saying that the RTI Act must be enforced leniently, not strictly. These are men of great moral stature… but please don’t believe them, Mr Citizen, because this is a lie that will keep you dependent on their favours and mercies, and prevent true systemic reforms.
“Well-meaning and experienced people” are telling you not to insist on Section 20 of RTI Act, which stipulates penalties and disciplinary action for even a single day’s delay in providing information. “Do you really want information, or are you doing this to harass the poor PIO?” they ask. Don’t let them fool you, Mr Citizen; reply that you want the RTI Act to be enforced – nothing more and nothing less.
“Well-meaning and experienced people” are warning you that if every PIO who denies information is penalized, the system will collapse. Even strict enforcement of Section 19(5) -- compelling the PIO to justify his actions in writing – will cause system failure, they gravely add. Don’t trust them, Mr Citizen; they are defending the status quo, and preventing the balance of power from shifting in your favour.
“Well-meaning and experienced people” argue that asking for orders in an objective format amounts to questioning their quasi judicial powers. Discretionary powers are necessary for functioning, they say without a trace of irony. “Everything in a judicial process cannot be reduced into black and white”, they argue. And so they exercise their discretionary powers and mighty intellect to give vague and dubious orders that ignore obvious questions of law such as:
(i How many days of delay was PIO guilty of?
(ii Was PIO’s reply evasive, incomplete, misleading or false?
(iii Was information denied unjustifiably?
(iv Did PIO submit a written justification for each of the grounds of appeal?
(v Are PIO’s justifications upheld under relevant provisions, or are they rejected?
(vi If PIO is being asked to give information in the Second Appeal hearing or order, why is he not eligible for penalty? Why is he being let off without even a written reprimand?
Insist on Orders that clearly mention points points such as to be given immediately after your hearing. If that is not possible on the same day, ask him nonetheless to give you a clear order according to this format.
Oh yes, he may shout at you, threaten you, ask you to get out… but don’t you fear him, Mr Citizen. Because he is after all a public servant who is paid a salary to serve you and defend YOUR RIGHT to information; you are in reality his master. His kind of people have bullied us all for the last 60 years with great bluster, a show of offended dignity and arbitrary use of power and influence. But don’t waver, Mr Citizen, stand firm. Control your temper and keep your voice pleasant. If you remain calm and are careful not to misbehave even under provocation, he has no legitimate power to punish you. In the end, he shall yield before you, my friend. Never lose faith; this is Satyagraha.
REJECT VAGUE ORDERS BY POLITELY TEARING THEM UP BEFORE THE INFORMATION COMMISSIONER AND SUBMITTING THEM IN THE DESPATCH DEPARTMENT. Alternatively, burn such orders in large numbers in a public place to make a peaceful but forceful gesture for rejection of vagueness. Circulate the photos of such tearing and burning to media and fellow-activists to encourage others to do the same.
Satyagraha means a non-violent, fearless, unyielding insistence on the truth. “We, the People” must seize the promised powers of the RTI Act through Satyagraha and Civil Disobedience. There is a great need for such a movement right now, Mr Citizen. Don’t wait for us activists to do this; act now to begin this movement and reclaim your Swaraj.
Jai Hind!
Warmly,
Krish
98215 88114
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