Corruption and the Role of Right to Information

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– RTI Acts 2005, FAQ (in Assamese)
– RTI Acts 2005, Main Characteristics
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Corruption and Right to Information:
By: R.S. Mooshahary

Sometime back, a Union minister, while addressing a meeting in Shillong, said that
the northeastern States received Rs 15,000 crore annually for the development of the
region from the Centre, but nothing was seen on the ground to show that money had
been utilized for the purpose for which it was being given year after year. He went
on to say that if that money was distributed to the 3 crore people of the region,
each individual would have got Rs 5,000 annually, and that could have resulted in a
better economic well-being for the people. It is obvious that public money is being
misappropriated with no accountability in sight. To fight this cancer of corruption,
the minister suggested the use of the Right to Information (RTI) Act.The mass of
corruption actually involves more money than the grants received from the Centre, as
it includes the misuse of the States’ revenue as well. No doubt, the region remains
in a state of economic stupor. Within the Northeast, Asom, which may be termed as
the mother State of the region, has moved backward in terms of economic progress.
Devoid of any worthwhile industry and entrepreneurship, the economic state of
affairs presents a pathetic picture of deprivation and poverty. Corruption is the
single biggest factor for this underdevelopment, and also for moral degeneration
which is concomitant thereof. Therefore, the task of uprooting corruption should be
the priority in the State. Within the Northeast, smaller and remoter States like
Mizoram and Tripura have shown better progress than Asom, because they have been
able to contain corruption to a certain degree.

The people of Asom had launched a prolonged and bloody movement against the
foreigners, and this emotive issue is now being exploited by political parties and
other organizations to advance their own agendas. No foreigner has been expelled so
far; nor is it likely to happen in future, given the ground reality. Those who are
making it an issue of survival for the Asomiyas are either genuinely ignorant of the
problems or carrying on with emotional exploitation to further their selfish designs.
People must realize that corruption is not the outsiders’ scheme to destroy Asom,
but the manifestation of moral degeneration of our own people..It is a strange
development here that a small class of people – the neo-rich – has cornered the
loaves of the State’s wealth by foul and dubious means at the expense of the
poverty-ridden multitudes. In Guwahati and elsewhere, one can see big houses being
expensively built, which stand out in grotesque contrast in the midst of ordinary
middle-class habitation. The traditionally rich families of Asom with honest
business can be counted on finger tips, but the emerging prosperous class with no
ostensible means of income is overwhelming the otherwise modest urban surroundings,
thus emanating the stink of decaying moral values. This special class of
wealth-grabbers consists of unscrupulous politicians, bureaucrats, contractors,
businessmen and musclemen who have among themselves usurped the State’s resources
by depriving the citizens of their legitimate share in progress and prosperity. In
a recent study by a New Delhi-based NGO – the Centre for Media Studies – corruption
in 20 States was analysed. Asom was sixth from the bottom, Bihar being the first.
The least corrupt States were Kerala, Himachal Pradesh and Gujarat in that order.

Now it may be mentioned here that the RTI Act empowers the people to seek and obtain
information on many issues of public interest. The core content of this Act is
enabling the people to combat corruption and redress their grievances through the
intervention of Information Commissions which have to facilitate access to
information. The Information Commissions are not mere post offices to receive and
pass on information, but arbitrators of disputes concerning information. The public
– particularly the literate segment – are expected to take the lead in making use of
the Act to effect transparency and accountability in the utilization of public fund.
The public may also seek the property details of public servants in cases of
conspicuous display of wealth. Any person wanting information should submit a
written request to the designated State Public Information Officer (SPIO) or
Assistant SPIO in the public office. There is no prescribed application form and the
request can be made in a plain paper, clearly listing out the information sought.
It should be accompanied by an application fee of Rs 10 which can be paid in cash,
or by cheque/draft or Indian Postal Order or court fee stamps. While obtaining
information, a small amount of fees is likewise to be paid. No fee, however, is
required to be paid for application or information if the requester is below the
poverty line.

Where it is not known if the SPIO/ASPIO has been designated or not, the request may
be addressed to the head of the office concerned making it clear that the
information wanted is sought from the SPIO. No reason is required to be given for
seeking the information. The public authority is duty-bound to accept the
application and issue acknowledgement even if the subject matter of the petition
does not concern that department. It is their duty to transfer such misdirected
petitions to the relevant department under Section 6(3) of the RTI Act. The Act
also requires the SPIO/ASPIO to assist the petitioner in every possible way to
submit the petition; including reducing the oral request to writing if the
petitioner is unable to do it.

After the application is submitted, the petitioner should wait for 30 days. Within
that period, the information has to be provided, and if the petitioner is satisfied
with the information, then things have a smooth ending. But in case the information
is not provided or it is unsatisfactory, then appeal is to be filed before the
officer senior to SPIO in the same office who in turn is required to give his
decision within a period of 30 days. If that also does not satisfy the petitioner,
a second appeal can be filed before the State Information Commission within a
period of 90 days from the date on which the decision should have been made or
information actually received by the petitioner.Petitioners can also approach the
Assam Information Commission directly by filing complaints if they are not in a
position to get access to information in any public office for any reason. This is
indeed a very powerful tool in the hands of the people, as laid down under Section
18 of the RTI Act, to compel the public authorities to disclose information. Let it
be said that the Assam Information Commission, within a short span of 10 months of
its existence, has delivered decisions of far-reaching consequences after hearing
the parties in appeals and complaints. A clear signal has been conveyed to the
public servants that the decisions taken by them will be subject to scrutiny by the
public. Indeed, the underlying objective of the RTI Act is to create awareness among
the public authorities to work with a sense of accountability by establishing a
regime of transparency through disclosure of information.

There is no gainsaying the fact that the right to information can be used as an
effective weapon to contain corruption in public service through the participation
of people. In all developed countries, the domain of public service is open to
public view, thus reducing the scope for manipulative proclivities. Information,
it is said, is power, but it can be so only if it is used. Therefore, the
information collected through the RTI Act must be used against the corrupt elements
to put them to shame and distress – and it will act as a deterrent for others
too.

That the public needs RTI education is very obvious, because without people being
aware of their right, the Act cannot be fully implemented. So the Act mandates,
under Section 26, the State Government to carry out educational programmes to create
RTI literacy within the State. But so far, it has remained a non-starter. The Assam
Administrative Staff College is carrying out some training programmes for the SPIOs
and also for some organizations in a limited way for which funds have been made
available by the Department of Personnel and Training, Government of India. But
they are grossly inadequate. It is matter of concern that the State Government has
not made any fund available for information literacy as required under the RTI
Act.

The Assam Information Commission has suggested to the government that the Commission
is willing to execute the educational programmes for the public in every district
and subdivision, provided it is given the required support by way of funds and
logistics. No response has come from the government to this proposal as yet. Since
it is an important aspect in the implementation of the RTI Act and the success of
establishing a transparent and accountable administration cannot be achieved without
the people’s participation in governance, it will require a priority approach from
the government to educate the public on the benefits of the RTI Act.

Asom is remaining backward because people have tolerated corruption for much too
long and it is spreading like the wild weeds subsuming the areas where crops of
progress are grown. A country like Israel, in the throes of terrorism since its
birth, has progressed because of the quality of its people. To say that Asom is not
developing because of insurgency and violence, is a native explanation. The truth is
that insurgency here in itself is breeding corruption, and it has led to the
degeneration of the society and its culture.Fighting corruption is not only for
cleansing public life but also for building moral character of the people. The young
and the impressionable must be acquainted with the basics of integrity and respect
for truth and honesty. They must be taught as part of the educational curriculum the
objectives of the RTI Act to inculcate in them the quality of transparency in public
life and inquisitiveness in their attitude. The State Government can take a lead in
this direction and set an example for others to emulate. The NGOs and other youth
and literary organizations of the State, with their resources and social influence,
can help create positive impact in bringing the right to information to the courtyard
of the people. It is time they began undertaking this task of empowering the people.
The Assam Information Commission realizes that information belongs to the people,
and when they want it, it will have to be given. The government on its part must
also accept the fact that it is only the custodian of information, and not the
proprietor. This attitudinal change will help create a regime of trust and
cooperation in the domain of public administration. According to thinker Thomas
Paine, that government is the best which governs the least. In the context of our
need to disseminate information for establishing good governance, it can be said:
that government is the best which governs most transparently.

(The writer is Chief Information Commissioner, Asom)