Inserting informers in the system

Interpreted in its proper spirit, RI doesn’t mean that every time, for each information that is relevant to them, citizens have to approach the government separately. This will be too cumbersome and time-consuming. RI implies a transparent and open form of governance. Therefore, the government should make available on its own a lot of relevant information to people without citizens specifically asking for it. For example each department and authority should publish an annual report providing details. These should be kept in an open library where anyone can consult them without going through the entire process of applying for specific information.

Whenever a project is implemented in any area, the government should on its own provide all available information to the people of this area regarding why the project is being implemented, its likely budget, its likely impact on citizens, and how the government plans to compensate the citizens who are likely to be displaced or adversely affected in other ways by this project. All important policy statements and new legislations as well as related documents should be freely and easily available to citizens.

Such a system of the government on its own making available a lot of relevant information to people will actually reduce the government’s burden in the long run as people will submit fewer applications for seeking information. This will facilitate a well-informed dialogue at an early stage to avoid costly errors. In case of many controversial projects it has been argued that people’s protests have come too late, when a lot of expenditure has already been incurred. But this was because at an early stage people simply didn’t have adequate information to become aware of the hazards and adverse effects. On the other hand, availability of information from the outset will make it possible for them to voice their objections, if any, before any substantial expenditure has been incurred. RI legislation should also lay down a simple and inexpensive procedure for obtaining information.

But what happens when the official in charge of providing this information refuses to provide the same. In such a case the official should assign a reason for not providing this information in the stipulated time frame, and the citizen should be accorded the right to appeal against this decision at a free and impartial forum. It is extremely important that the place where the appeal is made is free from official interference and has an impartial character. If the citizen wins the appeal, then the information should be provide to him/her within a stipulated time frame.

All of these arrangements will not make much progress if there is no provision for some penalty against those officials who refuse to provide information as per the legislative provisions. It is important to provide some form of punitive action. The Bill introduced on December 23 in Parliament has a very complicated system for penalty which may not prove effective.

It should also be clearly stated in the legislation that it will prevail over any other legislations that contradict the provisions and objectives of RI. Existing laws which are completely against the spirit of transparency such as the Official Secrets Act should be scrapped or substantially changed. The bill should apply to all parts of the country, at the national, state, district and village levels. The bill introduced in Parliament on December 23 does not meet this criteria.

All the above provisions relate to obtaining information from the government. However, at times, citizens may be interested in taking information directly from corporations, NGOs, private hospitals and schools etc. For example in the case of the Bhopal disaster, clearly it would have been very useful if citizens living around the Union Carbide plant had a right to obtain information on the various highly hazardous gases stored in this plant. Similarly if a certain NGO is operating in a cluster of villages, then the people of these villages will surely benefit from obtaining relevant information about the work of NGO. Therefore, citizens should also have RI to obtain information directly from corporations, NGOs, private hospitals, colleges, schools and other private institutions having substantial public dealings and impact.

Any legislation on RI which has these provisions will be considered a good legislation. To meet these norms of good legislation, the bill pending at present in Parliament needs these important changes.

The writer is an expert in civic issues