Before Right to Information Act (RTI) came into being, information was denied on the basis of ‘confidentiality’, ‘office files’ and “Official Secrects Act”, a draconian law that has come down from the British legacy.
Today, in the days of openness, transparency and information explosion, RTI is a blessing in disguise. It overrides Official Secrets Act and brings in the potential to make the whole government function in transparency. Right to Information Act empowers every citizen of India to look at all government records, subject to few exceptions; so that one can understand the functioning of the government.
Here’s one specializing in RTI issues, who has to his credit more than 250 applications in the last two years. He is V. Madhav, just 30 year old, who has obtained several landmark orders from the state and central information commission, and hit media attention.
Talking to Asian Tribune, Madhav said “An effective implementation of RTI will make the government a truly peoples government.” This is a new power in information- seeking, which people should make use of. “But the scope of the act is much more in ensuring transparency in governance,” he says.
Even consumer laws have not empowered citizens the way RTI has, Madhav says. “There are many obstacles to utilizing the RTI Act, but it is the only legislation that had given power to the people.”
What made him turn an RTI activist? Working with Infosys upto 2006, he happened to stumble on a website “Parivartan” run by Arvind Kejriwal of Delhi, a leading RTI activist, explaining how the RTI Act could be effectively utilised even for issues like getting ration cards, patta and electricity connections without delays or bribes. Madhav, who grew up with respects to values, rights and straightforwardness, decided to turn into a full-time RTI activist. He decided he was cut out for this job.
Madhav gave up a monthly salary of Rs 25,000 and joined the Association for India’s Development, an NGO in Royapettah, for a lesser salary a month, only to pursue his RTI interests. Arvind Kejriwal’s website inspired him to file RTI applications, he says.
Talking on the working of RTI, Madhav says every Public Information Officer, which every government department should have—should reply for an RTI application within 30 days. If there is no information or refusal or wrong information First appeal is made to the First Appellate Authority, who is usually the head or senior officer of the department who will issue an order to the PIO. If this not satisfying the next appeal lies at the second appellate authority, which is State Information Commissioner (SIC). A PIO failing in his duty will entail a fine of maximum Rs. 25,000 and also disciplinary proceeding against him.
“Actually this fear drives a PIO to function promptly. My focus is also to find where there is no PIO, file a complaint to the SIC and get appointed one. I am involving myself in following quick disposal of replies, monitoring the enforcement of the Act according to the law and maintaining a website to inform and educate the general public about what is their right,” Madhav says in brief about his functioning, besides filing RTIs and PILs.
RTI as such is good, and since there is no agency or person monitoring, it is not working to the desired perfection. Madhav found the missing link, found the space to work for its full empowerment. That is where Madhav has chipped in and plays his role. His service is useful one to the society, useful to the media. He may be called a secondary reporter.
When a PIO has erred, he is given a show cause notice, before fine and disciplinary action against him. That will also lie like that. And when a complaint is made to the appellate authority, 90 % of cases will be given written direction, without personal hearing. Madhav collects statistics of such cases and represents with the SIC, he says
His RTI enthusiasm landed in trouble
His RTI enthusiasm landed him in trouble once. He and his friend were on a motor bike on Poonamallee High Road in Chennai, and at a traffic signal he saw a car with revolving red light on its roof. Curious to know if it was used by the rightful person, he knocked at the door of the driver to enquire whose car it was. It happened to be the car of a District Judge, whose security reported to the police. Madhav and his friend were detained by the police for a couple of hours.
They claimed they were RTI activists and that they had filed RTI application asking for details regarding the installation of red beacon light on vehicles. It finally turned out that the judge, as per rules, could not use a beacon on his car. “I got in reply to my RTI query, only high court judges are eligible to have a red beacon light, which they can use when they are on official duty." He shared this information with the media.
When Southern Railway demanded that he pay Rs 750 as salary and allowance to its employees and also towards power and maintenance costs of computers for answers to be provided to his queries under the RTI Act in 2008, Madhav took up the issue with the Central Information Commission (CIS), which quashed the railways demand and directed it to provide information free of cost.
Last year, Madhav used the Act to get the information if the Tamil Nadu chief minister’s office had a public information officer (PIO). Though the Act says its mandatory for the CMO to have a PIO, there was no such position till he took up the issue. Thanks to him, the CMO got a PIO.
Recently, when two flyovers and a subway were inaugurated by the Chief Minister in Chennai, Madhav’s RTI application with the Chennai Corporation revealed that, close to 24 Lakhs were spent on the inaugural functions. This is equivalent to the amount that is allocated to each councillor for his/her ward improvement works for a complete year, which is 25 Lakhs.
He shared this information with the media. The issue caught the public attention The Mayor of Chennai had justified it too, saying this was same as what was spent by the previous government. Madhav says: “They just don’t seem to get it. Even assuming this is true, why is this benchmark the previous government. If the previous government was corrupt, is a claim that this government is less corrupt good enough a justification.”
He further adds “The functions are essentially a platform for the ruling party to publicise their "achievements" and hence is as good as the political meetings that they normally convene. In the name of inaugurating a flyover, and all expenses are borne by you-know-who.”
He says right now, he is working on Transparent Appointment of Information Commissioners in Tamil Nadu. In this direction, as a first step he has drafted a letter to be sent to the Chief Secretary of Tamil Nadu and the Secretary of P&AR department, asking them to hold a public consultation to decide on a procedure for appointment of Information Commissioners.
He is presently pursuing the assets disclosure of IAS and IPS officers. Although this was dismissed at the High Court, for want of some documents, Madhav is planning to continue at higher courts.
An RTI application of his in 2009 on CM’s Public Relief Fund’s status brought to light that out the total sum collected about Rs 135 crores, received towards tsunami rehabilitation, were lying unutilised in the CM’s Public Relief Fund, which information was useful to the media.
MLAs constituency Development Fund which is Rs 2 crore each, was found to be 50 per cent on an average unutilized in the city constituencies by his RTI.
He questioned how far the 1996 Assembly resolution of disclosing the assets of the legislators was being followed, and it was found only two to three years it was followed and for 15 years it was given a go-by. Again news to media.
He also inspects the records of several departments at the Secretariat, Chennai central prison, general hospitals and Chennai Corporation.
His latest achievement is Madras high court ruling that the directorate of vigilance and anti-corruption will come under the purview of the RTI act though the state government had exempted it earlier. The State Information Commission had ordered that DVAC, which was exempted from the act still has to give corruption related information.
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- Asian Tribune -
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