We live in an age of digital surveillance where data is the new oil. Governments that control data, control the future. With tools like microtargeting and Aadhar at its disposal, achhe din are certainly here for the BJP government. While the government has access to our most private details, is continuously amassing and updating information about us, how much do we, as citizens, know about our government? The Right to Information Act, 2005 intended to address this 12 years ago- ending the culture of secrecy surrounding government work and replacing it with a culture of transparency and accountability, by empowering citizens to ask critical questions.
True to its fascist tendencies, the BJP government has listed an amendment bill, (titled the Right to Information (Amendment) Bill, 2018) to be introduced in the monsoon session of Parliament, that aims to dilute the revolutionary Act instead of strengthening it. The text of the bill has been released a day before the session, making a mockery of the government’s own Pre-Consultative Legislative Process adopted in 2014. The Process mandates that all draft legislations are to be placed in the public domain at least 30 days prior to their introduction, for inviting comments. The move is in sync with the government’s disregard for legal rules and legislative processes.
The amendment seeks to weaken the institution of Information Commissioners by allowing the government to decide their tenure and salaries. Currently, the RTI Act pegs the salaries of the Chief Information Commissioner and Information Commissioners at the level of a Supreme Court judge, and those of the State Information Commissioners are at par with the Chief Secretary of the State. By raking up a frivolous debate around constitutional vs. statutory bodies, the amendment allows the salaries of Information Commissioners (both at the Centre and State level) to be determined by their respective governments. The Election Commission (a constitutional body) upholds the right to vote, and the Information Commission (even though a statutory body) ensures the right to information that constitutes an essential part of the freedom of speech and expression under Article 19.
Thus, going by constitutional values and the rights they seek to protect, the Information Commission should be treated at par with the Election Commission. Besides, the proposed amendment gives the Centre unbridled powers to hire and fire Information Commissioners at the central and the state level, at its own will and disposal. Thereby, scrapping the provision of fixed five-year terms under the original Act. The changes will deter Commissioners from accepting and acting upon applications that go against the government. The timing of these amendments is questionable since the country is headed towards general elections.
This is not the first time that the present BJP government has tried to subvert institutions and anti-corruption bodies. Be it the shoddy running of the Parliament or attacks on the independence of the judiciary, the politicization of the Election Commission or censorship of the media, proposing lateral entry into civil services or meddling with Universities; the government has exhausted every trick in the book to render such institutions ineffective and powerless. Even the Central Vigilance Commission and Central Bureau of Investigation have witnessed the appointment of tainted officials in the last couple of years.
While the opposition is up in arms against the proposed amendments, the existing functioning of the RTI Act under the Modi government fares no better and requires urgent attention. Posts of Information Commissioners have been lying vacant at the centre and in most states. Out of a total sanctioned strength of 11 Commissioners in the Central Information Commission, 3 posts are currently vacant.
A recent report, brought out by the Satark Nagrik Sangathan and the Centre for Equity Studies, points out glaring gaps and challenges in the implementation of the RTI Act. While most State Commissions remain non-functional, the pendency of cases has gone up by 10%. Commissions have often failed to impose requisite penalties and have underreported the number of pending cases. Another serious drawback is the appointment of retired bureaucrats as Information Commissioners instead of upright citizens from eminent fields like literature, art, education, sciences and social service. Data reveals that as many as 84% of Chief Information Commissioners and 60% of Information Commissioners have been appointed from among retired civil servants. This raises doubts of RTI Commissioners being susceptible to a power play, which may compromise their independence.
The absence of a Whistleblowers’ Law in the country exposes whistleblowers to attacks and threats. Instead of offering security to whistleblowers, the RTI Act reveals their identity and paves the way for a lifetime of harassment. It takes Rs 10 to file an RTI application but may cost a life to obtain the information. The Vyapam scam in Madhya Pradesh is a case in point. A study conducted by the Commonwealth Human Rights Initiative, 2016 has revealed that BJP ruled states like Gujarat and Maharashtra have witnessed the highest number of attacks on RTI users. The mention of Gujarat is not surprising since Mr.Modi as the then Chief Minister of the state had stalled the appointment of the Lokayukta.
Moreover, the 2005 Act lists certain exceptions for when information can be withheld from the public. These exceptions are often misused by governments to deny citizens access to legitimate and retrievable information. For instance, activist Shailesh Gandhi, who sought information on the number of passports issued by the Ministry of External Affairs and revenues earned from it, was told that the government does not keep such records, wrongfully citing Section 7 (9) of the RTI Act. The “national interest” clause is another such exception that has been invoked by the government to deny any information on the PM’s foreign trips or the details of the RBI meeting held before demonetisation was announced.
If the Modi government was genuinely concerned about eradicating corruption, maximising governance and empowering citizens, it would have proposed amendments to the RTI Act to grant the Information Commission the status of a constitutional body at par with the Election Commission. However, its intentions are otherwise. Big Brother wants to keep you in the dark while it grows taller and bigger by feeding off your information!
Pooja Bhatia is a policy professional and a freelancer.