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The Government of Karnataka's (GoK) appointment of a respected former bureaucrat K K Misra as the State Chief Information Commissioner on July 31 this year was seen as commendable step forward in implementing the recently passed national Right to Information Act in the state. But the rest of the process has not been so smooth.
The GoK published the draft rules (rules prescribe the specifics for citizens' using the new law) in the official gazette on 12 August, and a Kannada newspaper reported this on 22 August. But the notification stated that citizens' objections will be considered for a period of 15 days from the date of its publication in the official gazette-giving citizens very little time to submit their comments. In fact, S M Acharya, Principal Secretary of the Department of Personnel and Administrative Reforms (DPAR), the nodal agency in the implementation of the Act, admitted at a workshop in Bangalore on 26 August that the draft rules had been framed hastily. He even mentioned that he was unaware when they had been published in the official gazette.
There is more. According to the rules, Right to Information applications will be charged an initial fee of Rs 100. (People who produce a Below the Poverty Line certificate are exempt from fees.) When questioned about this high fee by activists, Acharya replied that it was an attempt to stem 'frivolous' applications. But this high fee could deter even middle class citizens from using the RTI Act.
In other matters too, the state government is proposing high costs to access information. The draft rules propose Rs 5 per page of information on an A4 size paper, Rs 25 per floppy along with a replacement floppy and Rs 25 per CD along with a replacement CD. Also, a number of areas have been left out. There is no mention of fees for samples and inspections. The rules do not detail a form for applying under the Act, nor do they state clearly how to operationalise the provisions for proactive disclosure of regular information by government departments. The procedure for payment, the application process and the disposal of appeals are not elaborated clearly.
However, unlike in 2002, when the state government was able to get away with placing an unfriendly set of rules for the usage of the state's own right to information law (KRIA), this time, citizens have responded. The DPAR has since received a number of letters and emails from citizens requesting the government to reconsider the draft rules and to extend the time period for citizens' objections. Forums like the KRIA Katte, EKavi and CREAT-CHRI are engaged in advocacy. Activists have already drawn up a detailed list of objections, and plan to meet government officials.
In short, the draft rules issued by Karnataka fall short of citizens' expectations, as they fail to outline the means for effective and citizen-friendly operationalisation of the national RTI law.
Anuradha Rao
Anuradha Rao is with the Public Affairs Centre, a Bangalore based non-goverment organisation. She is also a member of the KRIA Katte, a right to information user forum.
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Karnataka's transparency rules opposed
Anuradha Rao
9 September 2005
9 Sep 2005
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Mr. S M Acharya, Principal Secretary of the Department of Personnel and Administrative Reforms (DPAR), the nodal agency in the implementation of the Act, admitted at a workshop in Bangalore on 26 August that the draft rules had been framed hastily.
Mr. ACHARAYA also told at that meeting that he had not seen the DRAFT RULES of RTI 2005 notification in the meeting.
FOR Mr. ACHARAYA's surprise Mr. Anand of Anti Corruption Forum who is member KRIA KATTE showed a copy of the DRAFT RULES of RTI 2005.
How could Mr. ACHARYA say that he had not seen the notification? Do GOK has right kind of persons at the right place to make RIGHT to INFORMATION Implemented properly in GOK Departments and at GOK.
In my opinion, all files of the Govt. must be on the web for the public to see. There must be no secrecy. Total transparency and accountability should be the mantra. Implement a paper-less communication and collaboration solution for internal and external customer staisfaction. Reward and punishment for performance and failure must be introduced transparently. There should be no permanency of job in Government.
Let not the 2% of citizens in Govt. control the rest 98% thro' unfair means. The citizen have a right to know transparently as to what is happening to thm and their future in the hands of the Government.
Kris Dev
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