| India: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 65 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: The Right to Information Act read with Article 19 of the constitution enables citizens to exercise their fundamental right to free speech and information. The act enables citizens to access information under the control of public authorities. A caveat needs to be added here. As the question relates to whether the provision exists in the law, the answer had been stated as yes. On a subsequent question of its working, the debate would engage with practical issues. References: Article 19 of the Indian Constitution; Right to Information Act
Peer Review Comments: Although India has a Right to Information Act, its workings are far from satisfactory. The entire document is so vague that ordinary citizens cannot even understand it. Getting information using this act is also cumbersome. Only journalists and some non-governmental organizations have been able to use the act. They have all the required facilities for doing so. What's more, the state treats the past 30 years of documents as current documents. Citizens have no access to such documents if they are "classified," even if they use the RTI Act.
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: The Right to Information Act makes a provision for appeal. However, the rules and procedures to use the right to appeal (as provided in the act) are quite cumbersome and riddled with bureaucratic procedures. Again, there could be a debate on what constitutes a `basic document`. References: Right to Information Act and related regulations.
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: The Right to Information Act and the rules and regulations made under the law provide for specific procedures by which a citizen can seek access to these records. The Act provides for the creation of a Central Information Commission and a chief information commissioner. This has been replicated in each state. Its actual working is an issue discussed subsequently. References: Right to Information Act; Central Information Commission: www.persmin.nic.in/RTI/quest5RTI.htm
Peer Review Comments: This mechanism is still in its evolutionary stage.
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: As the Right to Information Act and the rules and regulations therein have been passed/framed recently, there are still several procedural hiccups and attempts by the bureaucracy to stonewall them and deny information. There have been cases of citizens using the RTI act to gain information and expose wrongdoings in government. Several NGOs are working in the field. However, bureacratic resistance has showed its ugly face quite often and prevented information from being made available by using a plethora of procedures. Reports of agencies are mentioned in the Web site sources. References: www.pucl.org/Topics/Media/2003/information.htm; www.thesouthasian.org/archives/2006/maharahstra_right_to_informati.html ; wwww.cuts-international.org/Consumer-Rights.htm; ww.rtiindia.org/forum/389-rti-brought-marked-decline-corruption-india-study.html
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: The cost could be termed as reasonable for the middle class. However, because a large section of the society lives below average economic conditions, it may be a cost they could not afford.
References: www.rti.nic.in
Peer Review Comments: "Cost" needs to be interpreted in terms of money and time (opportunity cost). The first is reasonable. The second is not. Citizens cannot get the information through the Internet, and seldom get it through mail and correspondence. Physical presence in government offices is harassing and time-consuming.
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: There have been delays in getting appeals addressed. This is the typical approach of the `system` to slow down and `beat the patience` of the information seeker. However, a lot of individuals and groups have been dogged in their patience and enthusiasm to cut through the plethora of procedures and bottlenecks so created and succeed in this multiple obstacle race. References: www.infochangeindia.org/analysis227.jsp; www.pvchr.org/foodsecurity.htm ; www.humanrightsinitiative.org/.../events/research_papers/independent_citizen_initiative_chhattisgarh.pdf
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: It is often not fiscally viable for a large section of the society who lives below the poverty line and who has other priorities in terms of expenditures. Yet as of late, in a few celebrated cases the media have been highlighting the problems and helping the people get access to information and justice. References: www.rti.nic.in
Peer Review Comments: My earlier observation about the interpretation of "cost" applies here also: "Cost" needs to be interpreted in terms of money and time (opportunity cost). The first is reasonable. The second is not. Citizens cannot get the information through the Internet, and seldom get it through mail and correspondence. Physical presence in government offices is harassing and time-consuming.
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The government bureaucracy has mastered the `interpretation of the rule` game and is able to voice its inability to part with information with language which is beyond the scope of comprehension of ordinary people. It is often ridden with an overdose of legal jargon and riders which do not make sense to common people. References: www.rti.ac.in
Peer Review Comments: The "answer" needs to be understood in the context of bureaucracy's attempts at prevarication and hedging.
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