GENESIS(origin of) RIGHT TO INFORMATION,2005
Information and
knowledge are essential for realizing all the human aspirations. People who
have access to information and who understand how to make use of the acquired
information in the processes of exercising their political economic and legal
rights become empowered, which, in turn, enable them to build their strengths
and assets.
The Genesis (Origin) of RTI Act 2005 is stated
as follows:
1. Progressive Politicians and the Right to
Information:
In India, the Right to Information movement gained momentum in
early 1990's. In 1990, Mr.V.P. Singh, the then Prime Minister of India stressed
on the importance of Right to Information Act. Due to lack of political support
and the will, the Right to information Act was not materialized during Mr.V.P.
Singh regime.
The freedom movement, the Constitution of India. Supreme Court and
some of the politicians supported for the right to information, but not
materialized due to various reasons like policy support, institutional
arrangements, etc. Therefore, to achieve the right to information, the strong
grass-roots movement was needed.
The Mazdoor Kisan shakti sanghatana (MKSS),
Parivarthan, and others fulfilled
the gap of grassroots level movement and intellectual pressure and input was
provided by the National Campaign for People's Right to Information and Common
Wealth Human Rights Initiative.
2. Efforts of the MKSS:
The MKSS under the leadership of Ms. Aruna Roy was active for
several years in mobilizing people support-peasants and rural workers of Rajasthan.
The MKSS questions governance and policymaking processes and
attempts to influence them by mobilizing public opinion among its main
constituents-peasants and rural workers.
MKSS started its activities in 1987. Among the important issues
taken up and succeeded to some extent are minimum wages, right to work, right
to food, right to information, etc.
3. Public Hearing is the Genesis of Right to
Information Movement:
Public Hearing or Jan Sunwais is the origin point of the
Right to Information Movement in India. The instrument of public hearing was
initiated by the MKSS in some parts of rural areas of rajasthan To check
corruption, public hearings were started.
The public hearing is an open and democratic debate about the
public issues. In this type of public hearing selected representatives,
Government Officials, People, Local Intelligentsia (such as lawyers, media
persons), Non-Governmental Organisations, Community Based Organisations,
External Observers, etc., participate. In public hearings generally, after
identifying issues, for example, corruption in developmental activities,
further deliberations take place.
The MKSS identified corruption, misuse, and nepotism in the
drought relief works, which were sanctioned for the rural poor. Therefore, MKSS
initiated the series of public hearings over the rural developmental activities
with the substantial evidence of data and documents.
4. Public Agitations for the Right to
Information:
Along with the public hearings, the MKSS also launched the direct
actions like Dharnas for the Right to Information in various parts of
Rajasthan such as Beawar in 1995. The demand was to press for the issue of
administrative orders to enforce the right to information of ordinary citizens
regarding local development expenditure.
Dharnas witnessed an
unprecedented upsurge of homespun idealism in the small town of Beawar
(Rajasthan) and the surrounding countryside.
However, no assurance from government was forthcoming, and
therefore after completion of polling on 2 May 1996, while the dharnas
continued in Beawar, it spread also to the state capital, Jaipur. In Jaipur, in an
unprecedented gesture, over 70 people's organisations and several respected
citizens came forward to extend support to the MKSS demand. The mainstream media was also openly sympathetic.
5. Parivarthan in Delhi:
Parivarthan, a Delhi based NGO led by Mr. Arvind Kejriwal. was
launched in 2000 to ensure fair, transparent and accountable governance.
Initially, it primarily worked to provide relief to the taxpayers from
corruption in Income Tax Department and exhorted taxpayers not to pay bribes
but to approach Parivartan with their grievances.
Parivarthan is also working in the urban slums of Delhi on
awareness building on Right to Information Act and using RTI as the potential
instrument for transparent delivery of services like Public Distribution
system, infrastructure such as public roads and buildings and electoral
reforms.
The Parivarthan also used the right to information in conduct the
social audit in the urban areas on spending of the public investment. Parivarthan
played an important role in the introduction of the National Right to Information
Act.
6. Anna Hazare Movement:
In the early 2000's Anna Hazare led a movement in Maharashtra State
which forced the state government to enact a revised Maharashtra Right to
Information Act. This Act was later considered as the base document for the
Right to Information Act 2005 (RTI), enacted by the Union Government. It also
ensured that the President of India assented to this Act.
7. Pioneering States in
Introducing Right to Information Act:
In response to the pressure of the grassroot movements as well as
to satisfy the international money lending institutions (such as World Bank),
nine State Governments - Goa (1997), Tamil Nadu (1997), Rajasthan (2000),
Karnataka, (2000), Delhi (2001)Assam (2002), Maharashtra(2003), Madhya Pradesh
(2003) and Jammu, Kashmir (2003) introduced the Right to Information Act. Among
all these Acts, Maharashtra Right to Information Act was considered as the
model act in promoting
Transparency. Accountability and Responsiveness in all the
Institutes of the State as well as the private organisations, which are getting
financial support from the Government
Due to lack of awareness about the Right to Information Act among
the grassroot-level people, lack of institutional arrangements for the
implementation and lot of exemptions in the Right to information Acts of some
states led to non-achievement of the objectives. However, state Acts were the
models for the preparation of National Right to information act.
With the commencement of National Right to Information Act. 2005,
some of the state Governments for example, Madhya Pradesh, Maharashtra repelled
the State Right to Information Act and started implementing the National Right
to Information Act 2005.
8. Towards a National Right to Information Act:
For the introduction of National Right to Information Act, there
have been efforts since 1996 onwards. The National Campaign for People's Right
to Information (NCPRI) was founded in 1996. Its founding members included
social activists, journalists, lawyers, professionals, retired civil servants
and academicians one of the primary objectives of NCPRI was to campaign fora
national law to facilitate the exercise of fundamental right to information.
In order to look after the implementation of the Common Minimum
Programme, the UPA (Congress and its allies) constituted National Advisory
Council. In the National Advisory Council some of the activists like Aruna Roy,
Jean Drez who were associated with the National Campaign for People’s Right to Information consistently put the pressure on the UPA
Government to pass the bill and to enact a law. In response to these efforts
the Parliament passed the bill and the president of India consented to the Act
on 15th June 2005. The implementation process of the Right to Information Act
was started since 12th October 2005.
With the introduction of the Right to Information Act - 2005, the
Colonial Acts such as the Official Secrets Act, Indian Evidence Act and the
Civil Service Code of Conduct Rules, which contain provisions that restrict the
Fundamental Right to Information have become irrelevant.
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