The crooked shadow of the Official Secrets Act 1923, that criminalises the divulgence of all official information to any person other than the person authorised to receive it, has long fallen on every aspect of government functioning. Although it is a colonial law, it also happened to be an extremely convenient one for the decision-making classes who have always preferred to keep information concerning the working of government outside the public domain.
Remember Ram Jethmalani’s efforts as minister of urban development, alas sadly aborted, to make government files accessible to the public some months ago? Also recall how Bhairon Singh She-khawat, when he was the chief minister of Rajasthan, had for a brief moment tried to introduce transparency of governance and then had to beat a hasty retreat? It is against such a backdrop that Rajasthan’s passing of the Right to Information Bill on Monday assumes relevance. Incidentally, Tamil Nadu passed such a Bill as far back as 1998.
But whether Rajasthan’s new legislation will remain a mere genuflection in the direction of governmental transparency or something deeper and more meaningful would of course have to be subjected to the reality test. It would be logical to assume, however, that given the fact the bill was the result of years of dogged activism at the local level, the people in the state would now ensure that this effort is maximised. Indeed, much before the bill became law, local groups and communities had already been staging their own jan sunwai, or public hearings.
Situations like the present drought in Rajasthan make the need for public transparency that much more important. The location of a public tubewell, the distribution of fodder supplies or access to drought relief are issues that involve the entire community. A culture which encourages the sharing of information would also ensure that those who have traditionally been given no voice in such matters, can now protect their rights.
Meanwhile, the Centre has formally annou-nced that it would table the Freedom of Information Bill. The draft bill, put forward by a committee headed by consumer rights activist H.D. Shourie, envisions providing “freedom to every citizen to secure access to information under the control of public authorities consistent with public interest in order to promote openness, transparency and accountability in administration”.
This is all to the good, although the lack of penal provisions within this bill could undermine its efficacy as does the existence, in its present form, of the Official Secrets Act. Those who have consistently argued against the opening up of government files to public scrutiny say that such a move would be invasive and would compromise the security interests of the state. Their arguments hold no water. The state does, in any case, retain its right to place sensitive matters outside the public domain by terming it as classified information.
This caveat apart, official information must be public information. It is a vital cog in that system known as democracy.