In Telangana, crucial RTI is a painful process

Hyderabad: A damning report has been submitted to the Centre’s Department of Personnel and Training on the implementation of the Right To Information Act.

The ‘Study on constraints faced by RTI activists in Telangana’ reveals that the general behaviour of Public Information Officers is discouraging and RTI applicants face constraints in receiving data when exposing corruption.

A shocking hundred per cent of the respondents were not informed by the PIO of the grounds on which their application was rejected.

About 24 per cent said they had received incomplete information and 34 per cent of respondents said they received information without attestation. Attestation authenticates that the information received is from a Public Office.

Cash can be accepted as fee for certain RTI applications, but 60 per cent of respondents said cash was not accepted and they were asked to pay via DD or Cheque.

And 21 per cent of respondents said they had to go to the office the next day because an information officer was absent from work.

Fifteen per cent of respondents said that there were times when they had to wait for the PIO in order to receive the acknowledgement because the PIO was busy with non-RTI work.

Respondents from Ranga Reddy and Hyderabad districts said that to avoid such issues they started filing applications via registered post. This is a method many advise as the acknowledgement slip issued by the postal department is accepted as acknowledgment of an RTI application by the Information Commission.

According to the RTI Act, information-seekers need not specify the reasons for seeking data, unless requesting for third-party information. But PIOs in most cases asked the seeker verbally for reasons. Twenty per cent of respondents said such questions often lead to arguments and to avoid verbal questioning they sent applications via registered post, even though the office was close by.

During post-interview queries, respondents from Nizamabad said they don’t even specify their phone numbers in the application, as they are then called up by the PIO and asked about their motives in, which is not a requirement of the Act.

RTI draft rules ‘could increase threats to life’

• Government has opened draft rules to public opinion
• An application now should not contain more than 500 words excluding annexures, containing address of the Central Public Information Officer and that of the applicant.
• Every appeal, application, rejoinder filed before the Commission shall be typed, printed or written legibly in double line spacing.
• Rs 50 per per diskette or floppy. No fee for record inspection for first hour of inspection. Rs 5 for every subsequent hour. Postal charges involved in supply of data that exceeds Rs 50. Activists say this is a reversal of ‘Digital India’.
• Proceedings shall abate after the death of the appellant. Activists claim this clause could encourage attacks, or even murders.
• A major proposal now allows the Central Information Commission to convert a complaint into second appeal which would mean it can order the disclosure of information to an applicant who has come under complaint clause of the RTI Act which was not the case earlier.
• The Commission may in its discretion allow a prayer for any amendment of a complaint during the course of its hearing, including conversion of the complaint into second appeal, if available remedies have been exhausted, on a prayer made by the complainant.
• The Commission may in its discretion allow a prayer for withdrawal of an appeal if such a prayer is made by the appellant on an application made in writing. But no such prayer may be entertained by the Commission after the matter has been finally heard or a decision has been given by the Commission.
• A copy of complaint and appeal must be brought before the Central Public Information Officer before approaching Central Information Commission. This could complicate the process.
• A proof in this regard will also be submitted to the Commission along with the complaint or appeal.
• Applicants will have to declare that the matter submitted by them before has not been decided or is pending before the Commission or any court.
• Applicants can now file complaints within 135 days of filing the RTI. Delays will have to be accompanied with request for condonation of delay.