Efficacy of RTI Act is threatened by opacity, opposition from bureaucracy and lawmakers

Last Updated04/08/2022

Ominous Clouds Hover over India's "Sunshine Legislation", enacted with great fanfare in 2005.
Amidst renewed concern over its functioning across states, the Right to Information Act (RTI) is set to complete 17 years this October.

Enacted by Parliament in order to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption and make our democracy work for the people in a real sense.
It mandates timely response to citizen requests for government information.
It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs etc.

Huge backlog of second appeals and lengthy wait time for hearings.
Hesitancy in posting penalties and increasing opacity in the working of the commissions
Untrained staff and a non-cooperative set of public information officers (PIOs)
No adherence to compliance of the provision which mentioned that asked information needs to be provided within 30 days which is further delayed due to non-adequate infrastructure and technological backwardness.
Poor quality of information: Due to lack of infrastructure and adequate processes to comply with the RTI Act, the information provided is either incomplete or lacks substantial data.
Sometimes the requested information is rejected by evoking the Section 8 (1) of the act which mentions exemptions against furnishing information under RTI Act.
Low Public awareness: According to PWC study, only 15% of the respondents were aware of the RTI Act and awareness level is low among the disadvantaged communities such as women, rural population, and OBC/SC/ST category.
Harassment and Victimisation of RTI activists, many of them has lost their life while highlighting the corruption in the department.
Sometimes, information gathered by the applicant is used to harass the public servant.

The appointment of CIC/ IC should be transparent and free from vested political interest, The selection committee to put the relevant facts (indicating that recommended candidates are eminent in public life, knowledge and experience) in public domain.
There is a need to reduce the pendency of asked information by using digital technology, centralization of available data and using advanced technology such as Big-data and AI.
Section (8) of RTI act should be evoked only when it becomes necessary. It need not be used as a tool to restrict the free flow to information.
Protect whistle-blowers: Centre government needs to notify the WhistleBlowers Protection Act.
Investment in infrastructure: The ARC report had mentioned that the Government of India may allocate 1% of the funds of the ‘Flagship Programmes’ for a period of five years for improving the infrastructure requirements.
Need an external agency for training: Potential of non-profit organizations to carry out the training in official/ un-official capacities can be tapped by appropriate Government and Training Institutes.

The RTI Act is a sunshine legislation aimed at eradicating corruption and promoting transparency.
A strong political will system required for better implementation of the RTI regime by eliminating the impeding areas of this act.
It is imperative to ensure freedom of the press and democratic institutions, punish errant officials and maintain complete autonomy of the information commissions, in the interest of the people and the nation at large.