Governor urged for effective execution of RTI Act in Odisha
Governor
urged for effective execution of RTI Act in Odisha
urged for effective execution of RTI Act in Odisha
On 31.5.18., A Five-member delegation of RTI
Activists of Odisha Soochana Adhikar Abhijan ( Sri Akhand, Chitta Ranjan Satapathy, Kalandi Mallik, Ranjulata
Mohapatra) met Hon’ble Governor, Odisha
and submitted memorandum urging His Excellency
to direct State Government not to
dilute and destroy RTI Act in the state.
The Delegation Team also
appraised His Office about
anti-people provisions of Odisha
RTI Rules which is ultra-vires to Mother Act. This Rules
needs to be amended in order make it
citizen-friendly after due consultation with Civil Society Groups and RTI
Activists. The Activists also discussed
about how office of Odisha
Information Commission has become
political rehabilitation centre of State
Government and Information Commissioners
are being appointed without
following any transparent procedure
despite direction of Supreme
Court in the matter of Namit Sharma vs
Union of India dated 3.9.2013 ( Review
petition No. 2309/2012). Governor was urged to direct the State Government to formulating
transparent procedure for appointment
of Information Commissioners in line of
Supreme Court Judgement. Activists
also requested His Office to review
performance of Odisha Information Commission, as the Information Commissioners like Sashi
Prava Bindhani could not conduct hearing
properly for which more 10,000 cases are pending in the Commission.
The way the Information
Commissioners are conducting hearing , it
will take minimum five years
to conduct first hearing of a fresh
appeal / complaint case. Increasing
Attack on RTI Activists was point of discussion with Hon’ble Governor. The delegation Team
appraised Him how RTI Activists exposing corruption are tortured mercilessly beaten up and harassed
by police. Governor wanted
the list of RTI Activists who
have been attacked . He also assured the Team to take action positively.
Activists of Odisha Soochana Adhikar Abhijan ( Sri Akhand, Chitta Ranjan Satapathy, Kalandi Mallik, Ranjulata
Mohapatra) met Hon’ble Governor, Odisha
and submitted memorandum urging His Excellency
to direct State Government not to
dilute and destroy RTI Act in the state.
The Delegation Team also
appraised His Office about
anti-people provisions of Odisha
RTI Rules which is ultra-vires to Mother Act. This Rules
needs to be amended in order make it
citizen-friendly after due consultation with Civil Society Groups and RTI
Activists. The Activists also discussed
about how office of Odisha
Information Commission has become
political rehabilitation centre of State
Government and Information Commissioners
are being appointed without
following any transparent procedure
despite direction of Supreme
Court in the matter of Namit Sharma vs
Union of India dated 3.9.2013 ( Review
petition No. 2309/2012). Governor was urged to direct the State Government to formulating
transparent procedure for appointment
of Information Commissioners in line of
Supreme Court Judgement. Activists
also requested His Office to review
performance of Odisha Information Commission, as the Information Commissioners like Sashi
Prava Bindhani could not conduct hearing
properly for which more 10,000 cases are pending in the Commission.
The way the Information
Commissioners are conducting hearing , it
will take minimum five years
to conduct first hearing of a fresh
appeal / complaint case. Increasing
Attack on RTI Activists was point of discussion with Hon’ble Governor. The delegation Team
appraised Him how RTI Activists exposing corruption are tortured mercilessly beaten up and harassed
by police. Governor wanted
the list of RTI Activists who
have been attacked . He also assured the Team to take action positively.
A day-long Mass Dharana of RTI
Activists was organised under banner of Odisha Soochana Adhikar
Abhijan at Raj Bhawan, Bhubaneswar to publicly highlight the following issues relating to implementation of RTI Act in the
state.
Activists was organised under banner of Odisha Soochana Adhikar
Abhijan at Raj Bhawan, Bhubaneswar to publicly highlight the following issues relating to implementation of RTI Act in the
state.
1.Within
12 years of its implementation, RTI has been proved as most empowering law for
the citizens of the country. The common
people are seen using this law extensively starting
from accessing information about
their rights and entitlements
guaranteed under various welfare
schemes to exposing scams and irregularities
in development projects, tracking
ATR on their
complaints/ grievances submitted
to the public authorities, enforcing
transparency and accountability in the administration. This law has been
biggest weapon in the hand of RTI Activists to fight out corruption at various
levels and paved the way for generating debate for introduction of robust
grievance redessal mechanism to redress grievances of the people in time bound
manner. RTI Activism in India generated
nation-wide movement led by Anna Hazare for constitution of Lokpal at
the centre and Lokayukta in the state through enactment of the Lokpal and
Lokayukta Act, 2013.
12 years of its implementation, RTI has been proved as most empowering law for
the citizens of the country. The common
people are seen using this law extensively starting
from accessing information about
their rights and entitlements
guaranteed under various welfare
schemes to exposing scams and irregularities
in development projects, tracking
ATR on their
complaints/ grievances submitted
to the public authorities, enforcing
transparency and accountability in the administration. This law has been
biggest weapon in the hand of RTI Activists to fight out corruption at various
levels and paved the way for generating debate for introduction of robust
grievance redessal mechanism to redress grievances of the people in time bound
manner. RTI Activism in India generated
nation-wide movement led by Anna Hazare for constitution of Lokpal at
the centre and Lokayukta in the state through enactment of the Lokpal and
Lokayukta Act, 2013.
2.
But from the very beginning , the implementation of RTI in Odisha has suffered
severe setback due to anti-people
Odisha RTI Rules, 2005 which is well-designed
by Odisha bureaucracy to subvert the sun-shining law. Tall claim of
chief Minister that his Govt. is
transparent Government is observed false
and designed to befool the people. The Chief minister never takes
name of RTI while
pronouncing slogan of transparency in his administration. RTI under his regime
has been diluted, subverted and
destroyed to keep
continuity his corruption without any hassles. For example, the Form-A ( Application for
information) under the said Odisha Rules is too long, complex and over-damaging
one which not only frightens away the
ordinary members of the public from
applying for information under the Act but also ultravires too of the mother
Act. The column-2 asking for Father/ Spouse name, column-3 asking for permanent
address and Column-4 asking for particulars in respect of identity of
applicant are very much personal details
, the disclosure of which by an
applicant before the PIO has been forbidden under section 6 (2) of the RTI Act. Similarly
demand for proof of citizenship from an applicant filling RTI
Application under Odisha Rules is also
contrary to section 6 (2)
of the RTI Act. The State Govt. has also made arbitrary provision of
charging Rs. 20/- and 25/- towards First
Appeal fee and Second Appeal fees
respectively is also absurd and illegal under RTI Act. Since last several years, RTI Activists and
Civil Society Organisations have been demanding for withdrawal of these
anti-people provisions of Odisha Rules. But
the State Govt. has not taken any
steps to make Odisha RTI Rules
people’s-friendly. It still remains absurd and illegitimate.
But from the very beginning , the implementation of RTI in Odisha has suffered
severe setback due to anti-people
Odisha RTI Rules, 2005 which is well-designed
by Odisha bureaucracy to subvert the sun-shining law. Tall claim of
chief Minister that his Govt. is
transparent Government is observed false
and designed to befool the people. The Chief minister never takes
name of RTI while
pronouncing slogan of transparency in his administration. RTI under his regime
has been diluted, subverted and
destroyed to keep
continuity his corruption without any hassles. For example, the Form-A ( Application for
information) under the said Odisha Rules is too long, complex and over-damaging
one which not only frightens away the
ordinary members of the public from
applying for information under the Act but also ultravires too of the mother
Act. The column-2 asking for Father/ Spouse name, column-3 asking for permanent
address and Column-4 asking for particulars in respect of identity of
applicant are very much personal details
, the disclosure of which by an
applicant before the PIO has been forbidden under section 6 (2) of the RTI Act. Similarly
demand for proof of citizenship from an applicant filling RTI
Application under Odisha Rules is also
contrary to section 6 (2)
of the RTI Act. The State Govt. has also made arbitrary provision of
charging Rs. 20/- and 25/- towards First
Appeal fee and Second Appeal fees
respectively is also absurd and illegal under RTI Act. Since last several years, RTI Activists and
Civil Society Organisations have been demanding for withdrawal of these
anti-people provisions of Odisha Rules. But
the State Govt. has not taken any
steps to make Odisha RTI Rules
people’s-friendly. It still remains absurd and illegitimate.
3.As
per section 4 (1b) of the RTI Act, each Public Authority is required
to voluntarily disclose 17 types of information within 120 days of
enactment of RTI Act i.e., 12th October 2005. As per section 4 (4)
of the Act, these information will be disseminated in odia language. But within 12 years of RTI Act in Odisha, the
State Govt. has developed a fantastic website www.odisharti.in which is a storehouse of proactively
disclosed information of many
departments and sub-ordinate offices. But it
is interesting to note here that these information are outdated
and not a single information is
found correct. Even the
voluntarily disclosed information
of the office of Speaker, Odisha
legislative Assembly and
office of Governor, Odisha is not
updated. Not a single
information is disseminated in Odia language despite enactment of Odia
Language ( amendment ) Act. The Common
people hardly access this information. Display Board about RTI Act
is hardly noticed in any
office of the state.
per section 4 (1b) of the RTI Act, each Public Authority is required
to voluntarily disclose 17 types of information within 120 days of
enactment of RTI Act i.e., 12th October 2005. As per section 4 (4)
of the Act, these information will be disseminated in odia language. But within 12 years of RTI Act in Odisha, the
State Govt. has developed a fantastic website www.odisharti.in which is a storehouse of proactively
disclosed information of many
departments and sub-ordinate offices. But it
is interesting to note here that these information are outdated
and not a single information is
found correct. Even the
voluntarily disclosed information
of the office of Speaker, Odisha
legislative Assembly and
office of Governor, Odisha is not
updated. Not a single
information is disseminated in Odia language despite enactment of Odia
Language ( amendment ) Act. The Common
people hardly access this information. Display Board about RTI Act
is hardly noticed in any
office of the state.
4.
Odisha has witnessed series of
attacks on RTI Activists which is increasing
day by day. A good number of RTI
Activists who are at
forefront of exposing corruption, irregularities in
implementation of Govt. schemes
and programme are seen harassed,
tortured and mercilessly beaten up, petrol attacked and also murdered by powerful people due
to police inaction, denial of
registration of FIR and lack of
investigation and nexus of the
police with the vested groups. It has been noticed that within period of last three years, more than
50 RTI Activists have been beaten up,
attacked and socially ostracised by influential and corrupt people
in the state. Despite several complaints to higher authorities for immediate investigation into FIRs
lodged by RTI Activists and
ensuring their protection , the State
Govt. has not taken any steps in
this regard.
Odisha has witnessed series of
attacks on RTI Activists which is increasing
day by day. A good number of RTI
Activists who are at
forefront of exposing corruption, irregularities in
implementation of Govt. schemes
and programme are seen harassed,
tortured and mercilessly beaten up, petrol attacked and also murdered by powerful people due
to police inaction, denial of
registration of FIR and lack of
investigation and nexus of the
police with the vested groups. It has been noticed that within period of last three years, more than
50 RTI Activists have been beaten up,
attacked and socially ostracised by influential and corrupt people
in the state. Despite several complaints to higher authorities for immediate investigation into FIRs
lodged by RTI Activists and
ensuring their protection , the State
Govt. has not taken any steps in
this regard.
5. As per the RTI Act, the State Information Commission is the
highest adjudicating body entrusted with task of deciding appeals and complaints of the information-seekers, penalising erring
PIOs and recommending disciplinary
proceedings against them for persistent
violation of the RTI Act and awarding compensation to the
affected citizens who got harassed due to
denial of information by the PIOs. The Information Commissions are having
power of Civil Court to conduct
inquiry into any complaints/ appeals, call for
any reports , summon attendance of
persons and examination of
witness and documents etc. But the functioning of Information Commissioners are
highly disgusting and
frustrating. Lack of transparency in appointment of Odisha Information
Commissioners, appointment of
inefficient ICs has brough
disaster in the functioning of the Commission.
Long delay in hearing of the case, lingering of the cases by the Commission fixing so many dates,
non-imposition of penalty on erring
PIO has frustrated the
appellant-citizens and
discouraged them to pursue
any case to get justice from the
Commission. From a close study of 9 months of performance of Odisha Information
Commission (from August, 2017 to April, 2018) , It was observed that Smt. Sashi Prava Bindhani , SIC disposes only 27 cases per month,
while Sri L.N.Patnaik ‘s monthly
disposal rate is just 56 . The disposal rate of the cases (85) by Sri Sunil
Mishra, SCIC is 3 times more than that of Sashi Prava Bindhani. It is evident that the Information
Commissioners do not have expertise and
experience and having lack of interest to
render justice to the citizens. Neither they recommend for
disciplinary proceedings
against erring PIOs { section
20(2) } nor award compensation to the aggrieved citizens
under section 19 (8b) of the RTI Act. As
transparency procedure is not followed by the selection Committee
headed by Chief Minister, the most inefficient, law-illiterate persons
are getting appointed in the post of ICs. The State Government has made
Odisha Information Commission as
political rehabilitation centre.
highest adjudicating body entrusted with task of deciding appeals and complaints of the information-seekers, penalising erring
PIOs and recommending disciplinary
proceedings against them for persistent
violation of the RTI Act and awarding compensation to the
affected citizens who got harassed due to
denial of information by the PIOs. The Information Commissions are having
power of Civil Court to conduct
inquiry into any complaints/ appeals, call for
any reports , summon attendance of
persons and examination of
witness and documents etc. But the functioning of Information Commissioners are
highly disgusting and
frustrating. Lack of transparency in appointment of Odisha Information
Commissioners, appointment of
inefficient ICs has brough
disaster in the functioning of the Commission.
Long delay in hearing of the case, lingering of the cases by the Commission fixing so many dates,
non-imposition of penalty on erring
PIO has frustrated the
appellant-citizens and
discouraged them to pursue
any case to get justice from the
Commission. From a close study of 9 months of performance of Odisha Information
Commission (from August, 2017 to April, 2018) , It was observed that Smt. Sashi Prava Bindhani , SIC disposes only 27 cases per month,
while Sri L.N.Patnaik ‘s monthly
disposal rate is just 56 . The disposal rate of the cases (85) by Sri Sunil
Mishra, SCIC is 3 times more than that of Sashi Prava Bindhani. It is evident that the Information
Commissioners do not have expertise and
experience and having lack of interest to
render justice to the citizens. Neither they recommend for
disciplinary proceedings
against erring PIOs { section
20(2) } nor award compensation to the aggrieved citizens
under section 19 (8b) of the RTI Act. As
transparency procedure is not followed by the selection Committee
headed by Chief Minister, the most inefficient, law-illiterate persons
are getting appointed in the post of ICs. The State Government has made
Odisha Information Commission as
political rehabilitation centre.
Prepared by
Pradip Pradhan
State Convener, OSAA
M-9937843482
Date- 2.6.18