Luxury of Right To Information Act

Friday, 24 June 2011 02:29 - - {{hitsCtrl.values.hits}}

THE right to information is a universally acknowledged but rarely legally implemented need. In countries that have, particularly vulnerable political situations it is even less followed. Information, after all is a double edged sword so that even the people that promote it are hesitant about it since it can easily be one’s undoing as well.

For example it took decades for the Indian government to pass their Right To Information (RTI) Act in Parliament. It was finally managed in 2005 after a long road of negotiations and attempts by members of parliament to dilute its powers. Nonetheless many stakeholders consider it to be one of the greatest milestones in that country’s march towards transparency and good governance.

RTI Act enabled the implementation of freedom of information legislation in India on a national level to provide for setting out the practical regime of right to information for citizens. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir — which is covered under its own Right to Information Act. Under the provisions of the Act, any citizen may request information from a public authority that belongs to the government or is part of the State. The institution is required to reply expeditiously or within 30 days.

The Act also requires every public authority to computerise their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This thumbnail sketch gives an idea of why a RTI Act is of paramount importance in a country like Sri Lanka.

What made the real change in India, even more than the passing of the Act, was the coordinative action taken by civil society to educate the public about the powers they have been vested with through the Act. Extensive awareness programmes, particularly among the poor gave them the knowledge to use the Act to gain their rights. No longer could government departments hide behind red tape and nameless officials, their very presence meant that the average people could have the right to know what decisions had been made in their name.

Sadly Sri Lanka is still lagging behind in this process. The UNP presented a Right To Information Bill in parliament a few days ago only to be hopelessly outvoted. This was the second time that the document was presented. In the earlier instance it was withdrawn as the government had pledged to present its own RTI Act, which has failed to appear till now. At a recent press conference the government had insisted that it was still considering the matter and would use the UNP version to decide what would be best suited for Sri Lanka.

There is little hope in this statement. However, it has to be clung onto for the need of something better. The fact that blatant corruption and wastage happened across the board in this country is an open secret and the RTI Act would give the people the power to bring their representatives to book. Drafting out and passing a RTI would be pointless unless it is implemented properly for all wrongdoers. The protection of average people who bring these charges must also be assured as otherwise no one will use the Act for its intended purpose.