FIELD ASSESSMENT OF KARNATAKA RIGHT TO INFORMATION ACT-A
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RF_L_5_PART_2_SUDHA
RIGHT TO INFORMATION IN DELHI - EXPERIENCES OF
PARIVARTHAN
How the act has been used by people in Delhi successfully in various government
departments
I. In Municipal Corporation of Delhi:
1. A garbage bin was repaired by MCD in Patparganj in the month of June. The
residents noted that only the floor of the bin was made and no other work was
done. The residents sought the copy of contract. To their horror, they found that
according to the contract, an iron door was to be put and the walls were supposed
to be plastered, but nothing had actually happened, though payment had been
made. Before the residents could take any steps, to their pleasant surprise, they
found that contractor was doing all these works. The mere seeking of copy of
contract had done the job.
2. A road was dense carpeted a year back in Patparganj in Delhi but some portions
were left out. The residents suspected foul play. They sought the copy of contract
of the road. Within a week of filing the application, the Executive Engineer called
up the applicant and promised to complete the job. The work has already started
since then.
3. The toilet in MCD primary school in Block No 7 in Trilokpuri was supposed to
have been repaired last year. The contracts obtained by Parivartan show cement
work and white glazed tiles to have been provided by MCD in the toilet of this
school. The glazed tiles do exist but according to the principal of the school, these
were provided about 10 years back and not last year. Then where have the tiles
supposed to have been provided last year gone?
4. There is a case wherein the MCD claims to have repaired a road in Pandav Nagar
in the month of March 2002 and a number of times before that, but in fact,
according to all the residents living on both sides of this road, the road has not
been repaired for the last several years. This means that all the material and
money claimed to have been spent on this road has been siphoned off. The
information obtained from MCD under Right to Information says that the road has
been repaired a number of times in the last couple of years. The copy of stock
register was also obtained through RTI, which shows that bitumen drums and
cement bags have been issued several times in the past for the repair of this road,
which was never carried out.
5. It was asked from MCD as to what are the norms prescribed for teacher student
ratio in MCD run primary schools and what are the actual norms. MCD has
informed that the prescribed norms are 1 teacher for every 54 students whereas the
actual norms are 1 teacher for every 45 students. This shows that the actual norms
are far better than the prescribed norms. Hence, the number of teachers taken at all
Delhi level is okay but at the level of individual schools, the ratio is very skewed
so much so that in some schools, one teacher is teaching three to four classes
simultaneously i.e. at a time, one teacher is teaching about 200 students from
different classes. This could be possible because of corruption in transfer posting
of teachers. The influential teachers are able to get themselves posted in schools in
the heart of the city whereas none wants to be posted in the outskirts.
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IL In Delhi Vidyut Board:
Parivartan has been encouraging people and educating them on the procedures and
manner in which to draft applications. Some instances, where Parivartan educated the
people and how people have effectively used RTI in DVB in the last few months:
1. The wires of C & D Blocks of Pandav Nagar were replaced by DVB last summer.
But some streets were left out. The residents would face frequent power
breakdowns due to worn out wires. They suspected that the contract must have
been issued for the entire area but the officials must have gobbled up the wires of
some streets. They sought copy of contract under RTI. The contract has not been
received so far, but the wires have since been replaced.
2. Kailash Goduka stays in Navkala Apartments. The street lights in front of Navkala
Apartments are not working for last several years. Several complaints were lodged
but nothing happened. Ultimately, Kailash filed an application under RTI to know
the daily progress report of the complaints made earlier, the names of guilty
officials and likely action to be taken against the officials. Within a couple of days
of filing the application, the concerned Assistant Engineer came to meet Mr
Goduka. He expressed inability to rectify two street lights as there were HT wires
running very close to these lights but promised to rectify the balance two. The
other two street lights have since then been rectified.
3. S S Vaid is a consumer of DVB staying in Mayur Vihar. He had a faulty meter for
more than 5 years. After repeated visits and efforts, the meter was replaced. But
the DVB raised a combined bill for all the five years together. According to the
law, the bill cannot be raised for more than three years. Mrs and Mr Vaid made a
number of personal visits but to no avail. They submitted their grievance to
Parivartan. Parivartan volunteers made several visits to DVB office for this case.
Ultimately, Parivartan brought this case to the notice of the Chairman of DVB on
9th Jan, 2002. Still nothing happened. Finally, on behalf of Mr Vaid, Parivartan
filed an application under RTI seeking to know
• When will the bill be rectified
• Who are the officials responsible for causing harassment to public, not doing
their duties and guilty of insubordination for violating the office orders in this
respect.
• What action will be taken against these officials?
• By when will the action be taken?
Within a week of filing the application, the bills were rectified and delivered to
the consumer.
4. Mr K P Saxena is a retired professor from JNU. He was also being harassed by the
DVB officials on account of wrong assessment done by them. Mr Saxena made
several rounds of DVB office and met several officials including the Executive
Engineer, but nothing happened. In one such visit, feeling exasperated, Mr Saxena
lost his temper and had a verbal dual with the clerks. The clerks threatened him of
dire consequences and dared him to do whatever he can. Mr Saxena met a number
of very senior officials including the Chairman subsequently but nothing
happened as the lower officials had decided to teach him a lesson. In November,
he was issued a bill of more than Rs 50,000 and the DVB officials came to his
house to disconnect his electricity without giving him a chance to represent. He
begged them to wait for a day. Next day, he got the amount converted in
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installments and paid the first installment to avoid disconnection, though the entire
bill was totally wrong. When Parivartan spoke to the authorities on his behalf
anvartan was told by the officials that they will not entertain this case under any
circumstances, come what may. In first week of February, Parivartan filed an
application under RTI on behalf of Mr Saxena and the bill was rectified to about
Rs 14,000 and sent to him within a week.
5. Ashok Gupta applied for a new connection of electricity on 3.2.01 but even after
continuously pursuing it for over a year, the connection was not granted. Ashok
made several visits to DVB office but none listened to his woes. Those in his area
who applied after him got the connections because they had paid the customary
bribes. Ashok did not want to pay the bribes. Ultimately, he filed an application
under RTI in February 2002 and on 2.3.02, the new connection was granted to
him.
6. Mr M I Alam is a senior Executive working in a public sector company. He had a
case of wrong assessment, which the DVB officials were not rectifying. The bill
was highly inflated. Several representations also had no effect. Ultimately,
Parivartan filed an application under RTI on his behalf and within a week of the
same, the rectified bill was delivered to his house.
7. Mr Prem Chand Jain is an industrialist. His factory was sealed in Nov 2000 under
orders of Supreme Court when all the polluting units in Delhi were being sealed.
However, DVB kept sending him bills on minimum basis despite the fact that the
factory was sealed. There is a clear office order that in all such cases, no bill can
be raised on the consumer. Mr Jain kept making several rounds of DVB office but
noone listened to him. Ultimately, he filed an application under RTI in February
and his bills were rectified within a fortnight.
8. Ravi Chander Dass also had a problem of wrong bill. There were several defects
in the bill. In January 2002 he received a highly inflated bill. He went to DVB
office but, as usual, none listened. He filed an application under RTI. Within a
fortnight of filing the application, he has received his revised bill for Rs 149 credit
balance, i.e. he is not required to pay any amount.
9. One person had collected a good amount of money from the residents of
Ambedkar Camp slum in East Delhi a couple of years back saying that he was a
contractor of DVB authorized by DVB to distribute electricity in their area. He
collected the money and promised to install meters soon. But neither any meters
were installed nor any legal supply was provided to them. The slum dwellers
being illiterate and ignorant, did not know how to proceed in the matter. Recently’
one social worker filed an application under RTI to know the status of this
contractor. DVB has replied that there is no such contractor and no such contract
was ever given out. This means that it is a case of fraud and the residents will need
to tackle the case with police. The residents were under wrong belief till now that
the contractor was not doing his job properly.
10. Prem Chand Jain is an industrialist. His factory was sealed on 15.8.00 under the
Supreme Court orders. As per law, he should not be charged for any electricity bill
after the sealing of his factory. But he kept receiving bills on minimum basis even
after that. He made several rounds of DVB office but nothing happened
Ultimately, he filed an application under RTI on 20.2.02 and all his earlier bills
were rectified and delivered to him on 11.3.02
!1-Mohan Lal lives in West Vinod Nagar. He applied for a new connection on
15.7.97 for his shop but it was not provided despite repeated visits and
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representations. He filed an application under RTI and within a few weeks, the
new connection was granted to him.
12. Balbir Kaur was charged with misuse of electricity connection since she was
running a shop from her house, which had a domestic connection. So, she got a
commercial connection installed for her shop on 22.3.00, but the misuse was not
removed from the bills despite several visits and representations. Ultimately she
filed an application under RTI on 5.3.02 and the misuse was removed by 26.3.02.
13. Naresh Gupta was charged Rs 17,238 extra because his meter book written on the
bill was wrong and because slab benefit was not given to him. He made several
visits and made several representations but none would even talk to him properly.
Now, after he made an application under RTI, the bill has been corrected.
III. In Delhi Jal Board:
Parivartan has been encouraging people and educating them on the procedures and
manner in which to draft applications. Some instances, where Parivartan educated the
people and how people have effectively used RTI in DJB in the last few months:
1. The drinking water was getting mixed with sewerage in some areas in Patparganj.
A number of residents fell ill. Complaints were made with the local DJB office
and their central complaint center, but nothing happened. An application was filed
under RTI. The residents wanted to know the status of their complaints and the
names of the officials responsible for dereliction of duty. The necessary repairs
were carried out within two days of filing the application. The Delhi Jal Board
even carried out testing of the drinking water at different points in this area and
submitted the test reports as a reply to the RTI application.
2. A pipeline was replaced in Pandav Nagar some months back. The pipeline was
leaking right from the beginning. The residents made several complaints but
nothing happened. Ultimately, the residents filed an application under RTI seeking
following details:
• Status of grievances filed earlier and names of officials who should have
attended to their complaints and have not done so.
• Copy of contract of the pipeline laid.
• Copy of completion certificate issued for the said pipeline and copy of the bill.
• Names of officials who issued the said completion certificate.
Within three days of filing this application, the pipeline was repaired.
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User’s guide to Karnataka Right to Information Act
The Karnataka government enacted the Karnataka Right to Information Act, 2000 (KRIA), after a
gap of nearly two years the government formulated and notified the Karnataka Right o
Information Rules in July 2002. The KRIA operationalises the citizens fundamental right to
information guaranteed in Article 19 and 21 of the Indian Constitution by putting in place a system
through which citizens can request any information (subject to exception set out in KRIA) from
government departments from time to time. It was considered necessary to enact a legislation
providing the right of access to information to the citizens so as to promote openness,
transparency and accountability in government and to ensure effective participation of people in
governance.
What is right to information?
•
•
A Right to have access to information held by the government relating to the rights of
individuals. This information could be in the form of records, files, registers, maps, data,
drawings, etc.
A Right to be told something that could affect a person’s rights. This means that the
government has a positive duty to give certain types of information without waiting to be
asked for it. This would include information on issues concerning projects that directly affect
the people or the environment, information on health, agriculture, weather conditions, or
simply, information about the services provided or the functions performed by various public
bodies, etc.
Right to Information not only means the citizens right to ask for information that they want - it also
includes more importantly so the duty of public bodies to disclose information suo moto (on its
own). For example: if a flyover is being constructed in Bangalore - the public has the right to
know, purpose served by the flyover, benefits and negative effects, information regarding the cost
of the project, time frame for completion, nature of traffic disruption, information regarding the
contractor undertaking the construction and all relevant information that would affect the public
should be made known to all. This type of information must be made known to all citizens - it
should not be necessary for each citizen to approach the concerned department individually.
Right to Information - from whom?
•
Under KRIA a citizen has the right to access information relating to any matter in respect of
the administration or decisions of:
> all offices of the state government
> all local authorities e.g.: panchayat, municipal corporation, Bangalore development
authority,
> all authorities created by or under an act of the state legislature e.g.:- universities.
> any organization or body funded, owned or controlled by the state government.
All the abovementioned bodies have been defined in KRIA as “public authority” .
Who should a citizen approach to seek information under KRIA?
•
Every public authority must have a person whose responsibility it is to deal with requests for
information under KRIA - the law calls this person “competent authority”2.
1 Section 2 (c); KRIA cannot be used to obtain information from offices of the central government, any
establishment of the armed forces or the paramilitary forces, religious organizations and the High court of
Karnataka, tribunals and organizations having status of courts and proceedings are deemed to be judicial
proceedings and the secretariat of the Governor of Karnataka.
^Section 2(a).
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Under KRIA the head of an office will be the competent authority - unless some other officer
or person has been notified by the State government to be the competent authority.
Therefore all applications under the KRIA must be made to either the head of the office or in
cases where some other person is notified - to such other person.
•
What kind of information is available under KRIA?
As started above right to information means not only the right to seek information that a person
requires but also the duty on the part of the public authorities to provide information on their own.
If information is to be provided to people it is imperative that there be systems in place in every
public authority to help deliver information to the public. KRIA recognizes this and has cast a duty
on all public authorities3 to :
maintain all records as per operational requirements, all records must be properly catalogued
•
and indexed.
•
publish the following information at least once a year:
a.
b.
particulars of the organization, its functions and duties
powers and duties of the officers and employees and procedure followed by them in
decision-making.
norms set up by the public authority for carrying out its functions
c.
details of facilities available to citizens for obtaining information
d.
This information must be available on a notice board in the office of the public
authority. The law also says that it is not necessary to publish the above if the same
information is included in any other publication^ report, booklet or pamphlet, that has
been brought out by the Public Authority or there is no change in the information
already published during the previous year4.
•
publish all relevant facts concerning important decisions and policies that affect the public
while announcing such decisions and policies.
•
before sanctioning or initiating any project or scheme facts available to the public authority or
which the public authority feels should be known to the public in general or
$ to persons
affected by such project in the interest of democratic principles must be published .
•
make available to the public minutes, records, advice including legal advice, opinions,
recommendations given in respect of the executive decisions or policy formulations after the
decision is taken or policy formulation is done.
In addition to the list mentioned above the law may from time to time prescribe other information
that should be disclosed voluntarily by public authorities.
3 Section 3 KRiA.
4 Rule 3 KRIA rules, 2002
5 KRIA rules do not state where these matters have to be published. The earlier draft of the rules, was
more comprehensive since it clearly stated where all publications had to be made. Information regarding
projects had to be made available - by a State level public authority in at least one widely circulated
newspaper in the regional language; by every District level public authority in a local newspaper, having
wide circulation in the District, in the regional language; by every Taluk Panchayat level and Gram
Panchayat level public authority through distribution of pamphlets and pasting them for information in
conspicuous places or on notice board in the offices of the public authority. Sadly the rules notified is a much
watered down version.
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On what grounds can information be denied under KRIA?
Like all fundamental rights the right to information is not absolute and is subject to certain
exceptions. Under KRIA certain category of information can be denied 6such as:
•
cabinet papers and deliberations of council of ministers, secretaries and other officers in
decision-making and policy formulation.
However, Cabinet decisions along with the reasons must be made available. Also, every
Government Order issued on the basis of a Cabinet decision must be accompanied by a
statement explaining the reasons for and the circumstances under which the decision is
taken.
•
inter and intra departmental notes, correspondence and papers containing advice or opinion
as also of projections and assumptions relating to internal policy analysis:
In addition right to information can be denied on the following grounds:
•
prejudicial to sovereignty and integrity of India, security of the State, strategic scientific or
economic interest of India or international relations;
•
affects public safety and order, may cause incitement to commit an offence, affect fair trial or
adjudication of a pending case;
•
prejudicial to the assessment or collection of tax, cuss, duty or fee or assist in avoidance or
evasion of the tax, cess, duty or fee.
•
breach of parliament or state legislature7:
•
trade or commercial secrets protected by law or information that affects legitimate economic
and commercial interest or the competitive position of a public authority; or would cause
unfair gain or loss to any person;
•
helps or facilitate escape from legal custody or affect prison security; or harm the process of
investigation or apprehension or prosecution of offenders.
•
information requested is general in nature and is not required to be ordinarily collected by the
public authority.
In such a case it is the duty of the competent authority to reframe the request in a manner
that will facilitate supply of information.
•
information requested is required by law, rules, regulations or orders to be published at a
particular time.
•
Information is already contained in published material available to the public.
•
personal information unconnected with public activity
6 Sections 4 and 6.
7 Before witholding information the competent authority must refer the matter to Legislative Assembly
Secretariat or Legislative Council Secretariat, for determination of the issues and act according to the
advice rendered by the Secretariat. In computing the 30 time limit for providing information time taken by
the Secretariat to decide on the issue is excluded. The decision of the secretariat is final and there is no
appeal available against this.
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invasion of privacy, unless larger public interest is served by disclosure8.
the record, from which the information is to be furnished is not readily available with the
public Authority and is pending with the Courts, Lokayuktha , Police or any other authority at
the time of the receipt of the application9.
fYOte>\
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8 Information relating to returns of assets and liabilities filed by public servant will be available to the public
proviso to Section 6(d) of the Act.
9 Proviso to Rule 2(6) of the KRIA rules.
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What is the procedure for obtaining information?
Apart from the voluntary mandatory disclosures listed above, all public authorities have a duty to
provide information that citizens ask for from time to time. KRIA contains a detailed process and
applications have to be made to the concerned competent authority in this regard .
STEP 1 : Apply to the competent
authority(C.A) by filling form A (see
box 1).
Scenario 4: Acceptance of
application.
Within 7 days of receiving
application, the C.A will
inform the applicant about
the fee payable, (see box 2
for fees).
The applicant must pay fees
through postal order or court
fee stamps.
Once fee is paid, C.A will
inform applicant about the
date on which information
can be collected.
Information should be
provided to the applicant
within 30 days from the date
of receipt of fees.
<
Step 2: C.A receives
application and gives receipt
in writing.
•I
•"
Scenario 3:
Information is not
available with that C.A to
whom application was
made.
Within 15 days of receipt
of application the C.A
must transfer application
the officer with whom
information is available
and inform the applicant
of the same.
Scenario 1: Application
Returned
C.A can return application if ft
> is defective or incomplete or
purpose for requesting
information is not clearly stated.
Defect can be rectified and
application made once again
>
Scenario 2: Rejection
In case of a rejection , the C.A
will within 15 days from date
of receipt of application
communicate in writing to the
applicant:
• reasons for rejection
• period within which
appeal against rejection
may be preferred
• particulars of appellate
authority
j
The officer to whom
application is transferred
must provide information
within 15 days of receiving
the application from C.A
10 Section 5 of KRIA and Rule 4 of KRIA rules.
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Appeal process and penalties.
The Karnataka right to information Act envisages two scenarios for appeal11:
Scenario 1: Applicant aggrieved by
an order of a competent authority
Scenario 2: Applicant receives no communication from
the competent authority within 15 working days from
the date of the application I
Must appeal within 30 days thereafter
Must appeal within 30 days of order
First appeal lies with the authority immediately superior to the competent
authority “appellate authority”.
Appeal should contain information set out in box 3.
Appellate authority must decide on the appeal within 30 days from date of receipt of
appeal and pass suitable orders after hearing affected person.
Second Appeal: Person aggrieved by order of Appellate authority can appeal to
Karnataka Appellate Tribunal and the tribunal should dispose appeal within 30 days
from date of receipt of appeal.
PENALTIES12
If a competent authority fails to provide information without reasonable cause or if information provided is false or if the competent
authority believes the information to be false, the appellate authority can :
- impose a penalty not exceeding two thousand rupees and the penalty shall be recoverable from his salary or if no salary is drawn
as arrears of land revenue; and
- take appropriate disciplinary action under the service rules applicable to the concerned competent authority.
1 Section 7 of KRIA and Rule 5 of KRIA rules.
12 Section 9 of KRIA.
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BOX-1 - Application Form13
FORM A
(see rule 4 (1))
BO X -2 - Fee structure14
■
TABLE
1) Full name of the applicant
1.
In respect of For
each
matters in A4 Folio rupees
size paper
five.
2.
In case where Rupees one
information
is hundred per
supplied in the floppy,
floppy of 1.44
MB
2) Address
3) Details of the Document required
4) Year to which document pertains:
5) Purpose for which the information is required
and how the applicant is interested in
obtaining copies.
Receipt No
Date.
In the case of maps and plans etc., a reasonable
fee shall, be fixed by the competent authority in
each case depending upon the cost of labour
and material required to be employed.
Place:
Date:
Signature of the applicant.
BOX - 3 Details in appeals15
Every such appeal shall be accompanied by a copy of the order
appealed against and it shall specify:
a.
b.
c.
d.
the name and address of the appellant and the particulars
regarding the competent authority;
the date of receipt of order, if any, of the competent authority
appealed against;
the grounds of appeal;
the relief that the applicant claims.
13
Form A - annexure to KRIA rules.
14 Rule 4(3) of KRIA rules.
15 Rule 5(2) of KRIA rules.
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KARNATAKA RIGHT TO INFORMATION LAW
- A comparative overview1
Right to Information in India
Debate on right to information has been on in India for more than 15 years. Though the
constitution does not specifically recognize this right as a separate fundamental right, the
Supreme Court has in its various decisions held that right to information is an inherent
Part °2f the right to freedom of speech and expression and necessary to exercise the right
The central government has been discussing the enactment of a right to information
legislation since the early nineties but this legislation is still to see the light of day - the
Freedom of Information Bill, 2000 (FOI Bill 2000) is still pending in parliament. In the
mean time various state governments took the initiative and enacted legislations and as
of date Tamilnadu, Goa, Maharashtra, Rajasthan, NOT Delhi and Karnataka have right
to information laws in place. Madhya Pradesh and Chattisgarh have issued executive
orders to over 50 departments directing them to provide access to information to people
while the panchayat departments in Orissa and Kerala have issued directions to their
officers to provide information.
The Karnataka Right to Information Act (KRIA) was enacted in 2000 but was in cold
storage till July 2002 when the rules were notified. There has been considerable delay
on the part of the GoK in bringing KRIA into effect. In contrast the Delhi government
brought its right to information law into effect within 3 month from the date of enactment
by drafting rules and notifying them. Maharashtra had enacted a law in 2000, which was
found to be unsatisfactory - this was repealed and a new law was drafted by a
committee appointed by the government in 2001. The Maharashtra Right to Information
ordinance, 2002 was promulgated in September 2002 - the rules were notified
simultaneously. This paper takes a looks at the KRIA in comparison with other state
laws and is limited to providing an overview of certain salient features of these laws.
Salient features of right to information law
Over the years some basic principles have emerged universally as being the essentials
to right to information laws. A law on right to information must contain the following:
a) Positive duty on government and public bodies to make suo moto disclosure and
also to give information to any person who seeks the same.
b) Narrowly defined exceptions to right to information.
c) Simple procedure for accessing information.
d) A reasonable fee structure.
e) Penalties on government officials for failing to provide or providing wrong
information.
0 Independent forum of appeal.
9) A monitoring body to look into the implementation and working of the law.
1 © Commonwealth Human Rights Initiative; written by Deepika Mogilishetty-Farias, Proiect
Officer, Right to Information Programme.
- State of U P. vs Raj Narain AIR 1975 SCC 865.
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Information from whom?
Right to information is conventionally understood to mean the citizens right to
information against government bodies. KRIA states that a citizen can ask for
information from all offices of the state government, local authorities, authorities created
by or under an act of the state legislature and any organization or body funded, owned
or controlled by the state government - these are defined as “public authorities”. All state
RTI laws that are in operation have defined “public authorities” in a similar manner.
However, Maharashtra and Goa laws have added to the above. The Maharashtra
ordinance includes within this definition bodies that have received government land at a
concessional rate or have received monetary concessions like tax exemptions. In Goa
the RTI law also recognizes the right of a citizen to seek information from a body
executing public works or service on behalf of or as authorized by the government.
Comment:
While the definitions as they stand today cover governmental or government funded
bodies they do not take into consideration private bodies that are involved in performing
functions affecting the public in general - schools, hospitals, etc. In an environment
where privatization is the norm, accountability of bodies engaged in providing public
services earlier provided by the state needs to be stressed on. A case on point is Delhi
Vidyut Board (DVB) - when the Delhi Right to Information Act was enacted the DVB
which distributed electricity to Delhi came under the purview of the law. Since then the
DVB has been privatized leading to ambiguity as to whether the right to information Act
is applicable to it now. The DVB provides electricity to the people of Delhi and so it only
seems logical that people should have the right to information regarding its affairs.
Duty to provide information Suo Moto:
The most important component of a right to information legislation is the suo motto
disclosure clause. By and large suo moto disclosure clauses in RTI laws in India are the
same. KRIA states that each public authority is required to publish the following
information at least once in a year:
a. particulars of the organisation, its functions and duties.
b. powers and duties of officers and employees and procedure followed by
them in decision making
C. norms set by the public authority for the discharge of its functions
d. details of facilities available to citizens for obtaining information3.
Information regarding policies
Public authorities are expected to publish all relevant facts concerning important
decisions and policies in respect of all matters that affect the public while announcing
such decisions and policies4.
Facts relating to projects, schemes and activities
Before sanctioning or initiating or causing to sanction or initiate any project, scheme
or activity as may be specified by the State Government, all public authorities are
required to publish or communicate to the public generally or to the persons affected or
3 Section 3(b) KRIA
’ Scction3( c) KRIA
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A
Commonwealth Human Rights Initiative
likely to be affected by the project, scheme prescribed, the facts available to it or to
which it has reasonable access which in its opinion should be known to them in the best
interests of maintenance of democratic principles5.
Comment:
It is not enough to merely state that certain types of information must be provided suo
moto. The law must also clearly lay down in what manner publication should be made.
Providing directions as to where information is to be published will help public authorities
work in an effective manner. Using newspapers is one way to get information across to
the masses. The manner of communication of information to a largely illiterate
population must be very clear and simple. Public authorities must be put under a duty to
ensure that information given by them reaches even that section of the population that is
illiterate. The rules under KRIA do not state where and in what manner suo moto
disclosure must be made.
Further, information regarding public entitlements must be communicated directly and
effectively to the people, using means that the people can readily understand, including
traditional means of giving information at weekly markets or by beat of drums, etc.
Extensive use must also be made of public broadcast media especially radio by
development of more community-based programmes that give information to people.
It is universally acknowledged that right to information is essential for participation in
governance. The Suo motto disclosure clause in the Act states that before initiating any
activity or project the government should provide information regarding this to citizens.
The law however, does not contain a mechanism to receive feedback or hear the views
of citizens. The law therefore does not facilitate participation.
Exceptions to right to information:
The most contentious part of any right to information legislation is the exceptions clause.
While it is commonly accepted that there are certain types of information that is outside
the public realm, it is difficult to clearly define what exactly these are. Moreover there is a
tendency on the part of the government to be overzealous while drafting this clause by
using wide language and including all and every type of information. A case on point is
the Tamilnadu right to information legislation enacted in 1997 which has more than 22
exceptions - the list is so long and exhaustive that it is almost impossible to get
information using the law. In fact, Maharashtra had enacted a right to information law in
2000 based on the Tamilnadu model - within 2 years of its enactment the inadequacies
of the law came to light. The Maharashtra government repealed the Act of 2000 and
enacted a new and progressive law that was promulgated as an ordinance in September
2002.
Other than Tamilnadu the exceptions clause contained in all other right to information
legislations on the issue in India are more or less same. However, the Goa and
Maharashtra laws contains an interesting clause which has an overriding effect on the
exceptions - these laws state that any information that cannot be withheld from
parliament or state legislature must be necessarily provided to the citizen.
5 Scction3(d) KRIA
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■A
Commonwealth Human Rights Initiative
Public interest over ride
Most international legislations on right to information have a public interest override.
This means that even if a certain type of information falls under the exempt category, if
the public interest in providing that information outweighs the interest in keeping the
information secret, then such information shall be provided to the public. The only law in
India that contains a public interest over ride clause is Maharashtra where information
that is a trade secret or is protected under intellectual property law may be disclosed if
the competent authority feels that the larger public interest is served by disclosure.
Access to Information - procedure
In order to access information from any public authority, an application is to be made in a
manner prescribed by law. The application format set out in the KRIA rules requires the
applicant to state the details of the document or order required, year to which the
document pertains and also the purpose for which copies are required and how the
applicant is interested in obtaining these copies6.
Comment:
There are a few practical problems associated with the questions in the format:
a) The law presumes literacy on the part of all its applicants and makes no provision for
providing information to people who cannot read and write. Oral requests should be
permitted. Provisions for admitting oral requests are included in the right to
information laws of Goa and Delhi.
b) It is ridiculous to expect an ordinary citizen to have knowledge of dates and complete
descriptions of the documents they are seeking. People are not always looking for
specific information; they would have a general idea of what they are looking for. The
law should provide for a mechanism through which people can access and scrutinize
documents before deciding what copies they wish to apply for. The only States which
have laws providing for inspection of documents, records etc are Goa, Rajasthan
and Delhi. The Madhya Pradesh right to information Bill, 19987 also contained
provisions for scrutiny of documents, whereby a person not wanting to make copies
could scrutinize documents and make notes. A minimum fee was to be qharged for
such scrutiny.
c) KRIA rules require the applicant to state reasons for seeking information. This goes
against the very basis of right to information. Every citizen has a right to know - it
is of no consequence to the government why information is being sought If at
any time information obtained from the government is misused - it should be dealt
with in the normal course by the relevant law of the land. Fear of misuse cannot be
used as a justification to deny information.
The Maharashtra, Tamilnadu and Goa laws also require the citizen to state the
purpose for which information is being sought. One big difference between KRIA
and other state legislations in this respect is that under KRIA an application can be
returned if the competent authority feels that the application is defective or
6 Section 5(1) KRIA and Rule 4 of KRIA Rules
7 The M P Bill of 1998 was never enacted into law.
-4 N-8. ?'tA floor. Green Park Main. New Delhi 110016. Ph: - 91-11-6864678/6850523 Fax: 91-11-6864688
T?
- 1 •
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Commonwealth Human Rights Initiative
incomplete or purpose for requesting information is not clearly stated8. The provision
for returning an application does not exist in any other RTI law in India. There is a
great deal of potential under KRIA for misuse of the unfretted discretionary power in
the hands of the competent authority.
Fees
The norm on fees is that the charges should not be so high and prohibitive that people
are unable to pay in order to access information. The Delhi law for instance states that
every person applying for information must pay an application fee of Rs 50 — in addition
to this application fee, copying fees are charged. Citizens in Delhi are finding that
exercising their right to information is an expensive proposition. Citizens groups in the
city are campaigning to have this provision deleted.
Under the Maharashtra Right to Information Ordinance 2002 also a court fee stamp of
Rs 10 is required to be fixed to the application form. The ordinance makes a distinction
between information that is readily available where the fee is Rs.0.50 per page and for
information that has to be collected the fee is Rs 2 per page.
Under KRIA the fee payable for obtaining information is as follows:
a) information received in A4 size paper - Rs 5 per page
b) information supplied on a 1 44MB floppy disc - Rs 100 per floppy
c) maps, plans etc - a reasonable fee will be prescribed by the competent authority
depending on cost of labor and material required to be employed9.
The positive aspect of the KRIA fee structure is that there is no application fee. However,
fee structure under KRIA is somewhat excessive - Rs 5 per page - is five times the cost
of photocopying a page. The fee structure in fact goes against Section 5(1) of KRIA
which states that the fee charged should not exceed the actual cost of supplying
information.
Fees for providing maps and plans is left to the discretion of the competent authority.
While it may not be possible for the government at this stage to determine what the cost
of providing copies of plans and maps would be, an upper limit should have been set
under the Act to curb misuse of this discretionary power.
Time Limits
Information under KRIA is required to be provided/refused as the case may be within 30
days from the date of application10
A general period of thirty days is an unreasonably long time limit. There could be certain
types of information that are required urgently and getting the information after 30 days
may render the whole exercise redundant. Situations where information affects the life
and liberty of a person should be provided immediately. The Maharashtra ordinance
states that where information requested is related to the life or liberty of a person, such
information must be provided within 24 hours, Goa law sets the time limit for such type of
* Rule 4(6) of KRIA rules.
9 Section 5(1) KRIA ; Rule 4(2) and (3) of KRIA Rules.
10 Section 5 (2).KRIA
N-8. 2'“’ floor. Green Park Main. New Delhi 110016 Ph - 91-11-6864678/6850523 Fax: 91-11-6864688
Commonwealth Human Rights Initiative
information at 48 hrs. No such provision exists in any other law and this is a serious
flaw.
Appeals
Legislation on right to information is inadequate and incomplete without an independent
appellate body. The KRIA has provided two levels of appeals. The first appeal will lie to
the authority immediately superior to the competent authority and a second appeal is
available with the Karnataka Appellate Tribunal. An Independent appeals mechanism is
the bedrock of a right to information legislation - by providing for an appeal to the
Karnataka Appellate Tribunal - an independent body - KRIA fulfils the most important
criterion of a model right to information law. Other legislations in the country provide for
appeals to administrative and civil service tribunals11, public grievances commission12 or
Lok Ayukta13. FOI Bill 2000 does don’t have a provision for independent appeal and
neither does the Tamilnadu law - rendering them ineffective.
Penalties
Under KRIA if the competent authority a) fails to provide information or b) furnishes false
information that the competent authority knows or has reasonable cause to believe to be
false. The penalty of a maximum of Rs 2000 maybe levied and this can be recovered
from the salary of the Competent Authority, in addition to the fine disciplinary action may
be taken under service rules14.
Comment:
Legislation on right to information would mean nothing without a penalty clause. In this
respect KRIA fulfils the criterion of a model right to information law, unlike the Tamilnadu
law and the central Freedom of Information Bill, 2000 that contain no penalty clause
making them toothless. The Maharashtra ordinance is the most progressive on the issue
of. penalties - a fine of Rs 250 per day is to be levied on the concerned officer for every
day of delay, in addition a fine upto a maximum of Rs 2000 for giving
incorrect/misleading/incomplete information.
Issues not covered by KRIA
Independent monitoring body
An essential component of a right to information legislation is the constitution of an
independent monitoring authority - a body which will review the working of the law,
identify problem areas and suggest mechanisms for better implementation, training of
officials, record keeping and in general keep track of and provide suggestions and
recommendations to improve information delivery.
The Delhi RTI Act has provision for a council for information that consists of ministers,
bureaucrats, journalists, lawyers, representatives of NGO’s, residents welfare
associations, etc. The body looks into the implementation of the law and provides
feedback and recommendations to the government on putting in place better systems for
information delivery, training of officials, etc. The State Council is to monitor the
ii
Goa and Rajasthan
12 Delhi
Maharashtra Ordinance
1-1
Section 9 KRIA
-6 -
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"'f
Commonwealth Human Rights Initiative
implementation of the Act and is required to submit a report every year to the state
legislature.
The Maharashtra RTI Act goes a step further requires that councils be created a) at the
state level - headed by the chief secretary and b) in every revenue division - headed by
the divisional commissioner. The councils are to include members of media, non
governmental organizations and academicians. The councils have to review the working
of the law once every six months and make recommendations to tne government.
Training of officials and changing the culture of secrecy
The biggest hurdle in accessing information is the culture of secrecy prevalent in
government. Unless this issue is addressed no amount of legislation will help people
realise their right to information. The right to information law should have stressed on the
need for training and a game plan for the same should be evolved to build capacity
amongst government officials to operate in a people friendly manner. None of the RTI
laws in force in India currently provide for mandatory training of officials on
implementation of RTI laws.
Publicity and awareness building
Lack of publicity on the part of the government and awareness amongst people has
been at the heart of the failure of many progressive legislation and policies of the
government. Even though laws on right to information have been in existence in various
parts of the country since 1997 - experience has shown that they have been ineffective
mainly due to lack of awareness on the part of citizens. Notification in the official gazette
is not sufficient publicity - the government has to take a more pro-active approach with
the help of civil society organizations to publicize social legislation. Lack of awareness is
present not only amongst the public but also amongst the government officials who are
in charge of implementing these laws.
Conclusion
Though KRIA is one of the better legislation’s on RTI in the country, the law will remain
on paper and amount to nothing unless there is will on the part of the government to
implement the same. The Karnataka government has already slacked in this front by
delaying implementation - it remains to be seen what steps will be taken by the
government in the future to make the law effective. Needless to say laws by themselves
will not bring about change. KRIA needs to be tested and this is only possible if demand
for information is created. This is where citizens groups would have a more active role to
play, by demanding information and spreading awareness about the law - the ball is
now in our court.
-7N-8, 2nd floor. Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-1 i-6864688
PROVISION
GOA, 1997
Comparative Table of RTI laws and Bills in India
T.NADLI, 1997
M.P., 1998 (NOT IN
FORCE)
FOI BILL, 2000 DELHI, 2001 (Received RECOMMENDED
assent of Lt Governor,
FEE
. ncti_
Not exceeding cost of No provisions
To be fixed through govt To be prescribed. To be Appl fee - Rs. 10 court fee stamp. Rs. 5 per folio(A4 size To be prescribed, Application fee of Rs. 500 Limited to cost of
processing and making
notification. Sec. 5(4)
for commercial info and photocopying
paid at the time of request Other fee for providing info, as paper) and Rs. 100 per Provisions for
available information.
Rs. 50 for other kinds of Exempted for poor
information. To be refused per Rules. But in no case fee floppy, Rule 4(3) "additional fee".
Sec. 14
if no fee. No provision for more than actual cost of In case of Maps and Sec.7
info. In addition, fee not applicants & info,
refund. Sec.8
regarding Life &
exceeding cost of
supplying info.Sec.6
Plans, to be fixed by
processing and making
Liberty.
Competent Authority.
available information.
Rule 4(4)
Sec. 13
exemption
6 exemptions; but info 22 exemptions + 2 more 11 exemptions. Sec.6
10 exemptions. Sec. 5
Limited to specific
11 exemptions with some public 8 exemptions + 4 7 exemptions + 48 exemptions. Sec.6
given
to
State broad exemptions. Sec.3
requirements for non
interest override. S. 7. + 3 additional grounds for grounds for refusal.
legislature available to
disclosure. No class
additional
ground
for
refusal.
S.
refusal.
Sec.
4
&
6
Sec.8&9
citizens. Sec. 5
exemptions.
8. Also any info that has to be
disclosed to Parliament/Legis.
Assembly, will be available to
time limit
applicants.
30 working days toSOdqys. Sec.3(d)l’
30 days for granting or 30 days for granting or 15 working days from granting or 30 days for granting or 30 working days for Normally within 15 days Shorter time limit for
accept
or
refuse.
refusing request. Sec.5(2) refusing Sec.4
refusing - provision for extending refusing request Sec.5 granting or refusing for grant or refusing latest refusal.
Sec.4(2)
I
by arxother 15 days with reasons.
Sec.7
within 30 days. Sec.5(2)
Sec.6
URCEW^QUEST lIn!i)matjon
—
No provision
No provision
Info. Reg life &
No provision
No provision
Withing 24 hours of the request No provision
life & liberty' to be
liberty within 48 hrs
involving life and liberty of a
given or refused within
maximum.
person.
48 hrs. Sec.4(2)
RAJASTHAN, 2000
MAHARASHTRA RTI ORD,
2002 (Notified Sept, 2002)
KARNATAKA,
2000
._________
SUO-MOTU
DISCLOSURES
No provision
No provision
Before initiating or
Wide
discretion's
to Obligation to disclose All info. Affecting
to Part, of organisation, functions, Limited obligation as Obligation
finalising or getting
exhibit
or
expose, power and duties of officers, to structure, decisions disclose structure. information on structures, life, liberty, health etc
finalised any projects
Sec. 12(A)
norms, rules, regulations, list of and other information, info. At initiation of powers, duties , facilities mandatory time bound
specially factors reg
records available to citizens, Sec 3. Info in Scc3(b) projects,
imp. available to citizens, disclosure.
health & safety. Sec.3(l)
and decisions affecting public
details of facilities to get to be published on the Decision
information, facts related to any notice board once in a policies. Sec.4
project scheme before tlse year. Rule 3
initiation of the same, etc. Sec 4.
appeals
No internal appeal. One One internal
appeal
t0
4.
Administrative tribunal.
Sec. 6
appeal, One
with reason and prior
information
before
initiating project Sec. 4
internal appeal, One internal appeal, Sec.6; First appeal to internal appellate 1st appeal to authority One internal appeal One
forum
appeal
to an Independent
Sec.7; Jurisdiction of 2nd appeal to Dist. authority and second appeal to immediately superior to be prescribed, independent
body - for appeal essential.
Courts barred. Sec. 14
Grievances Also coupling appeal
Vigilance
Commission/ Lokayukta/Upa-lokayukta whose to the Competent
2nd appeal also to Public
civil
service tribunal, dedsion is final. Decision within Authority. Sec 7, Rule Govt,
Sea 12; Commission. Sec.7
and penalties together
Sec.7;
Jurisdiction
makes process more
Jurisdiction
of
of 30 days from appeal. Sec. 11. 5.
Second
Courts barred. Sec. 11
transparent
and
Courts barred Sec.
Jurisdiction of courts barred Sec appeal to Karnataka
efficient
16
15
Appellate Tribunal,
Sec.7; Jurisdiction of
Courts barred Sec. 10
1
1
No provision
1
No Provision
Private
bodies
affecting public must
be covered. Current
provision
in
Maharastra is good in
this respect.
No provision
No Provision
Specific directions for
effective
communication
of
info.
No provision
No provision
No Provision
Mandatory
to
publicise provisions
of the Act
No provision
No provision
No Provision
Mandatory provisions
for training
I
PRIVATE BODIES
Applies to private No provision
bodies executing work
for or on behalf of or as
authorised by the Govt.,
Sec. 2 (c)
MEANS
OF No provision
COMMUNICATION
No provision
PUBLICITY OF THE No provision
ACT
No provision
TRAINING
& No provision
ORIENTATION OF
GOVT. PERSONNEL
No provision
PENALTIES
REGULATORY
BODY
No provision
Personal liability,
penalties by
disciplinaty authorities
and discretionaiy
imposition of Rs. 100/per day fine for delay.
Sec. 8
State Council Sec.l 1
No provision
No provision
No provision
Suo-motu info to be No provision
given wide publicity
through
print
and
electronic
media
&
traditional means such as
No provision
No provision
No provision
No provision
Includes any body which gets aid!No provision
[directly or indirectly] from
government including aid like tax
benefits, land concessions, etc.
This will include hospitals,
schools, etc. getting aid from
govt.
Information on application will No provision
be given in the form and
language it is maintained by the
public authority.
No provision
No provision
Penalty not exceeding
F'
‘ "
Disciplinary
action and Appellate authority can impose For”TiZ
delay without No provision
Rs.2000/- for delay Sec.9 penalties to be described, fine of Rs. 250 per day for delay reasonable cause or
cause
Sec. 10
and upto Rs. 2000 on public info.>. supplying wrong info.
officer for knowingly giving up to Rs. 2000/- fine +
incorrect/misleading
disciplinaiy
action.
info/wrong/incomplete
info. Sec 9
Apart from this PIO subject to
disciplinary proceedings also. Sec
12
Advisory
Sec. 10
Committee No provision
State Council-not regulatory No provision
body, but empowered to monitor
and review the working of the
Act
every
six
months.
Additionaly,
a
Records
Commission is there which will
advise the Govt on reliease of
old records to the public.
Commonwealth Human Rights Initiative, New Delhi, 2002------------
No provision
Disciplinary action and Penalties for delay &
penalties to be described unjustified refusal
in the Rules. Sec 9
State Council, Sec. 10
Regulatory body for
overseeing
implementations of
the law
J
andMSi
Field Assessment Observation Schedule
Date:
1. Name and Address of Organisation/ Person(field investigator):
2. Public Authority visited (Full name and address with Tel no):
3. Is there a person appointed to deal with information requests under the
Karnataka Right to Information Act?
Yes/No
4. If Yes, Name, designation and address of the person (the Act defines such a
person as competent authority).
5. Is the person/official contacted aware of the Karnataka Right to Information
Act? (based on your observation)
Yes/No
6. Does the public authority have a notice board displayed containing the
following information:
a. Particulars of its organization, functions and duties.
Yes / No
b. Powers, duties of officers and employees and procedure followed by them
in decision making process
Yes/No
c. Norms for discharge of its functions
Yes/No
d. Details of facilities available to citizens for obtaining information Yes/No
e. In addition to the above is any other information available on notice
boards, pamphlets, booklets, etc published by the authority. Please specify
1
7. If a person wants to file an application
; ” *
requesting information - does the
public authority provide application forms---------------at its office?’
Yes/No
8. If Yes, Did they charge a fee for these application forms?
Yes/No
9. If No, how was the application form procured?
10. If application form is not issued by the authority, what were the:
Reasons given
Suggestions given
11. What was the total time taken to procure, fill and submit the application form?
(specify the date of application)
12. Describe the type of information sought from the authority:
13. State the purpose for which information was sought
14. Once an application was made, did the officer acknowledge the application
with a receipt?
Yes/ No
16. Does the officer maintain a register of applications?(probe and find out)
Yes/No
17. Was the application returned?
18. Was the application rejected?
Yes/No
Yes/No
19. If application was returned what were the reasons given?
20. Did the officer tell you how to rectify defects in your application (if any)?
Yes/No
2
21. If application was rejected - what were the reasons given?
i. _
ii. _
iii.
22. Please attach copy of the rejection letter sent to you. Did the rejection letter
contain the following information?
• reasons for rejection
Yes/No
• time frame within which an appeal can be filed
Yes/No
• Particulars of the appellate authority
Yes/No
23. When was the rejection/retum letter sent ( specify the date and timeframe from
date of application to date of return of application/ date of rejection letter).
24. If the application is accepted - the officer is supposed to inform you of the fees
payable by you within 7 days. Did you receive an intimation informing you
about the fees payable?
Yes/No
25. How were you intimated?
specify).
i. Post ii. Phone iii. Email iv. Others (please
26. What was the time gap between the date of application and date of fee
intimation?(specify the date of receipt of fee intimation)
27. How much fee was charged ? Rs
28. Describe the procedure for payment of fees?
29. Did you find the procedure for payment of fees complicated?
Yes/No
30. After the payment of fees, did you receive the information?
Yes/No
3
31. When did you receive the information? State the time gap between the time of
fee payment and receipt of information?days
32. Was the information provided complete in all details?
Yes/No
33. How many visits did you make to get the information?
34. If your application was rejected - did you file an appeal?
Yes/No
35. Who was the appellate authority?( Name , organisation , designation , address
and telephone)
36. Did you get a fair hearing? Yes/No. (Please describe your experience)
37. Was appeal disposed off within 30 days from date of appeal?
38. If No to Q.37, How long did the appeal process last?
Yes/No
days
39. Was the order of the appellate authority in your favour? Yes/No.(describe the
contents of the order)
40. If the order was against you
Tribunal?
did you appeal to the Karnataka Appellate
Yes/No
41. List the contact details and other related information about the Karnataka
Appellate Tribunal
4
42. How long did the appeal process last - was appeal disposed off within 30 days
from date of appeal?
43. Was the order of the Karnataka Appellate Tribunal in your favour?
Please explain your experience.
Yes/No
44. How was the information used?
45. Was the information used to resolve a particular problem?
Yes/No
46. Did your application for information helped in resolving yours/community's
problem?
Yes/No
47. Any other comments/issues
5
)A|OO
-£67)2.
2.
11
. -y
h’iW
TWRightto Informato
7^
Gauri had heard on the radio that the Health Board was carrying out a scheme for immunizing children in her district. She
asked her neighbors about it and found that none of them had heard of such a scheme. Gauri and her neighbors met the local
health officers to find out the details of the scheme. They wanted to know how many children were immunized, how much
med.cine had been brought into the district, etc. The health officers refused to give Gauri and her friends any information saying
that they were under no obligation to tell them anything.
Gauri and her friends were iagitated
•
because they felt that the scheme was meant for the benefit of their children, but they
were being denied information about it. They felt that the health officers
,
----------------- --------- j were under a duty to provide them the information they
had asked for, but they did not know how to make him accountable for his inaction.
The experience of Gauri and
her friends is not new; in our
a hungry person or a person
civil society
who cannot read or write,
■ a deepened democracy and
democratic culture
daily interaction with the
however, one cannot deny that
Government, one is constantly
information has a key role in
_ed with similar attitudes.
solving the problems faced by
How does one overcome them?
developing countries.
■ an enlarged role for the
citizen
tion. A Right to Information will
ensure that people can hold
public bodies accountable on a
regular basis, without having to
lay the entire burden on their
Participation is the key to a
elected representatives who are
Information that Gauri heard
democratic society. In order to
themselves often unable to get
help if there was a law that
on the radio was important for
her as it helped her go up to her
participate in governance and
decision-making, it is absolutely
the information sought despite
would make it a duty of public
officials to provide information
local health officer and question
him. If there was a law which
crucial for the people to have
command.
relevant to people? Laws that
cast a duty on the health officers
enable access to information are
to provide the information that
she sought from them, Gauri
racy as a form of government
The obstacles in the path of
and her friends would have been
remains meaningless. It is not
accessing government informa
empowered with information
which would have enabled them
enough to provide access to
information, the core issue is to
tion are laws like the Official
Secrets Act, the Indian Evidence
to exercise their right to health,
which the health officer was
denying.
facilitate meaningful participa
Act and the Conduct of Civil
Service rules. The larger
Transparency:!^^ is a
problem is the culture of secrecy
One cannot ignore the fact
presumption that everything
that is done by the State is done
that prevails in the working of
Hew does one get information
from the Government? Would it
Known as Right to Information
laws.
What is Right
to Information
Right to Information is
commonly understood to mean
the right to access information
held by the State - access to
access to information. Unless
access to information is
recognised as a Right, democ
tion in one’s governance.
all the resources at their
Obstacles to
Accessing Information
Government records, docu-
that providing access to
Information shifts the balance of
for the public good. However, in
-*nts, files, policies, etc - the
objective being to empower
ment officials believe that they
power from the government in
favour of the citizen and is
recent times, this presumption
has been eroded to a great
citizens vis-a-vis the State.
The Right to Information is
are not necessarily answerable
or accountable to anyone.
crucial for a participatory
democracy.
tion and also careless use of
seen by many as a product of
human development. There is
legitimate reason for this belief
because most of the countries
that have legal regimes on the
Right to Information belong to
the developed world. When the
developing world is plagued by
problems of hunger, poverty,
lack of health facilities and
education, an issue like the
Right to Information is not a
priority. The concept of Right to
Information has no meaning for
Information and
Democracy
Democracy is understood to
be government of the people,
by the people and for the
people. A study conducted by
the Commonwealth Foundation
with CIVICUS in 1999 on
Citizens and Governance states
that the new consensus for the
new millenium has three
features:
■ a strong state and a strong
governments, where govern
extent by misuse, misappropria
Legal Regime in India
public funds. To counter this, it
Constitutional position: The
is essential that there should be
Right to Information has been
complete transparency in all
recognised and is established in
international law. While some
public dealings. This is bound to
bring about a more careful
utilisation and application of
funds. This brings us back to the
issue of a globalised environ
ment where the State is slowly
assuming a backseat.
countries recognise the Right
explicitly in their Constitutions,
in others the judiciary has
interpreted the Right to
freedom of speech and
Accountability:^ a demo
cratic system the government is
expression to include the Right
to Information. The Right to
Information has not explicitly
accountable to the people, who
have the right to get informa-
been recognised in the Indian
Constitution. However, the
a
I2
y
o'!
^5^- " d
.largeaFea;i)^
interpreted through various
decisions that the Right to
purview offfi'^public.’There is
Information is a part of the
Right to Freedom of Speech and
no uniformity or consistency
Expression under Article
among them. There is a demand
that the central government
* _ JM
19(1 )(a) of the Indian Constitu
tion. In addition, the Supreme
Court has gone on to say that
- -' J-
and sets out clear procedures
for getting information.
the Right to Know is an integral
part of the Right to Life and
The process of law making
unless one has the Right to
Information, the Right to Life
to look into the feasibility and
cannot be exercised.
Meed for a specific iegisia-
■ states clearly that giving
information is the rule and
need for a Right to Information
legislation. The working group
refusal is an exception
tiondWxMt is a specific need to
submitted its report with a draft
Bill titled the Freedom of
enact legislation that will put in
place a system through which
government information can be
accessed. These laws are
typically known as Freedom of
Information legislation or Right
must make a law which applies
uniformly to the whole country
Information Bill 1997. The 1997
Bill was modified by the
government and placed before
the cabinet which referred the
to Information legislation.
same to a Group of Ministers
(GOM) - the 1997 Bill remained
Developments in india.-the
demand for RTI laws has been
with the GOM from October
1997 to February 2000. In July
growing with time. While there
have been some significant
2000, the Freedom of Informa
■ states the exceptions for
providing information and these
itself in most cases has been
non-participatory. The laws
made by the government have
been passed without much
discussion or debate and
exceptions are narrowly defined
■ states v.'ho will give
information and how much time
without taking into consider
it will take to provide the same
are not people-friendly and the
■ casts a positive duty on
common person is not aware of
existence of legislation, which is
governments to provide
information without being asked
for the same.
ation people’s views on the
issue. As a result of this, the laws
meant for their benefit.
■ imposes penalties on
Conclusion
government officials for
wrongfully denying information
Mere enactment of a law
does not mean that the
developments at the state level,
tion Bill, 2000 was introduced in
the Lok Sabha. This Bill was
the central government has
been dragging its feet on the
referred to the Department-
■ provides an independent
forum to appeal when informa
issue. The first RTI legislation
related Parliamentary Standing
Committee on Home Affairs by
tion is denied.
government will start imple
menting it in an effective
manner. Civil society
was enacted by Tamil Nadu in
1997; between 1997 and 2001,
the Chairman of the Rajya Sabha
■ provides for a monitoring
body to look into the implemen
in consultation with the Speaker
of the Lok Sabha in September
organisations, NGOs and others
have a responsibility to ensure
tation and working of the law.
effective implementation. They
■ casts a duty on the govern
2000 for examination and
report.
have an important role to play,
ment to publicise the law and
providing training and re-orient
for example, in disseminating
Goa, Maharashtra, Rajasthan,
Karnataka and Delhi have
enacted RTI laws. Madhya
Pradesh issued executive orders
After deliberating on the Bill,
to over 35 government
departments directing them to
the Committee presented a
Report which was placed before
provide access to information to
both houses of parliament on
people. Today, these have been
July 25, 2001. Since then, the
issued to over 50 departments.
process has once again gone
behind closed doors.
At the central level, there
have been several initiatives for
preparing a law on the Right to
Information. The Consumer
Education and Research Centre
(CERC) and the Press Council of
India was involved in preparing
a Bill. In 1997, the government
set up a Working Group on
Right to Information and
Transparency under the
chairmanship of Mr H.D. Shourie
Content of the Law: There is
a great deal of debate on the
content of the law. It is felt that
there is a need for a law which:
s enables people to easily
access information that is
relevant to them
■ casts a duty on government
and public bodies to give
information to any person who
seeks the same
government departments to
function in accordance with
democratic principles of
and analysing information,
generating debate on various
issues and in carrying the voice
of the voiceless to policy
makers.
transparency and accountability.
The legislation that have
been enacted do not contain all
One cannot claim that the
law on the Right to Information
the components of a law on the
Right to Information. For
will solve all the problems faced
by people in India. However, it is
instance, the Goa and Tamil
Nadu laws do not contain
provisions on the duty to
provide information; the Central
Bill does not contain any penalty
society, NGOs and others in
order to enable people to
provisions nor provides any
independent forum for appeal.
The laws enacted by the
various states and the central
government are not satisfactory,
a tool in the hands of civil
exercise their rights and in order
to ensure accountability from
governments.
Deepika Mogilishetty
Commonwealth Human Rights Initiative
New Delh
deepika@humanrightsinitiative.orc
i PUBLIC AFFAIRS CENTRE
&
578, 16th B Main, 3rd Cross, 3rd Block,
Koramangala, Bangalore 560 034, India.
Tel / Fax : (080) 5537260/3467, 5520246/5452/53
E-mail : pacindia@vsnl.com
■
29th October 2002
Dear
H
Public Affairs Centre (PAC), Bangalore and Commonwealth Human Rights Initiative
(CHRI), Delhi, are glad to invite you to participate in an exploratory workshop on
“ Strategies for field assessment of the Karnataka Right to Information Act” on November
9th 2002 (Saturday) at Public Affairs Centre, between 9.30 a.m. to 2.30 p.m.
As you may be aware, the Karnataka Right to Information Act (KRIA) was enacted in
2000. The draft rules were published for public comments in October 2001 and notified in
the gazette in July 2002 with a few but significant omissions pertaining to obligation on
the government agencies to publish facts concerning important decisions, policies,
schemes, projects or activities. Whatever its weaknesses are, the KRIA still offers
reasonable scope to secure the Right to Information of citizens in Karnataka. Most often,
laws only remain on paper either because of laxity in its enforcement or lack of public
awareness. Therefore the need of the hour is to enhance public awareness, create a
demand for information and make the law work for citizens.
Prior to this, however, a field assessment of KRIA needs to be carried out to test the
operational efficacy of the various provisions of the Act. Such an investigation would
generate valuable feedback to the government. Answers to questions such as - how the
law is faring on the ground? what are the existing voids in the law? what are the legal
/policy changes required to fill the lacunae? are the officials concerned aware of KRIA
provisions? are the specified procedures too cumbersome? is the time frame realistic ?
etc. will go a long way in fine tuning the law and strengthening the implementation of
KRIA.
Set in this backdrop, the workshop is an attempt to evolve strategies and identify
j partners/volunteers, types of information and agencies for field assessment.
We request you to depute a colleague who has had some experience in obtaining
information from government agencies and who would be willing to spare few hours a
week to participate in the field assessment activities over the next two months.
\Ne would be grateful for an early confirmation of your participation in the workshop.
Looking forward to your partnership in our endeavour to break the information barriers in
Karnataka
Sincerely Yours
/
Manjunath Sadashiva
Senior Programme Officer
|RSVP: Ms. Poornima D.G., 5533467/553 7260/5525452-53|
Ac A’
i
Strategies for Field Assessment of the
Karnataka
Riaht to
Information
l\Cll
l:ldlidl\d rVlJJIH
1>V/ II
11 Vr I I I IdltlVrl I Act 2002
An Exploratory Workshop
A joint effort of Public Affairs Centre and Commonwealth Human Rights
Initiative
Date: 09 November 2002(Saturday); Venue: Public Affairs Centre ;
Time: 9.30 a.m. to 2.30 p.m.
[Programme Schedule
9.30 a.m. to 10.00 a.m.
: Welcome and Introduction
10.00 a.m. to 10.30 a.m.
: Right to Information and democratic
governance, Dr. Samuel Paul,
Chairman, PAG
10.30 a.m. to 11.30 a.m.
: Karnataka Right to Information
Act(KRIA)- An analysis and procedure
for application, CHRI resource persons
11.30 a.m. to 11.45 a.m.
: Questions & answers
11.45 a.m. to 12.15 p.m.
: Field assessment of KRIA- scope,
rationale and methodology,
Manjunath Sadashiva, PAG
12.15 p.m. to 12.45. p.m.
: Identifying partners for field
assessment
12. 45 p.m. to 1.15.p.m.
: lunch
1.15 p.m. to 2.15 p.m.
: Identifying agencies and types of
information for field assessment
2.15 p.m. to 2.30 p.m.
: Concluding remarks,
Dr.Suresh Balakrishnan,
Executive Director, PAG
1
(background note
1. Right to Information and democratic governance:
Information is critical to facilitate people’s participation in decision making and
promote transparency and accountability of the government and other public
service agencies. Therefore Right to Information is an essential component of
democratic governance. The Indian Constitution does not specifically
recognize the Right to Information as a fundamental Right. Nevertheless, the
Supreme Court, in its various verdicts given from time to time, has indeed
held that Right to know is integral to democracy and that the Right to
Information is an inherent part of the Right to Speech and expression which is
necessary to exercise the Right to Life.
2. Right to information in the Indian Context:
A Right to Information in the Indian context means:
o A Right to have access to information held by the government relating to a
legal right of any person and
o A Right to be told something that could affect a person’s rights.
3. Contents of an ideal law on Right to Information:
o
o
o
o
o
o
o
o
o
People friendly procedures
enables easy access to information
casts a mandatory duty on Government and its agencies to proactively
provide information
unambiguous statement that refusal to give information is an exception
fixes a time frame and responsibility on specific officials
imposes penalties on non complying agencies and officials
provides for an independent authority to deal with appeals and claims
specifies a mechanism for monitoring the implementation of the law
casts a mandatory duty on the government to enhance public awareness,
train and reorient various departments to function in accordance with the
law
4. Legislating for the Right to Information:
The Central Government has been discussing the enactment of a Right to
Information legislation since the early nineties which i^yet to become a
reality. Meanwhile, the State governments of Tamilnadu^Goa^Maharashtra,
Cf^Rajasthan^NCT Delhi ancP7 Karnataka have taken initiative and enacted
legislation to secure Citizens’ Right to Information. In Madhya Pradesh and
Chattisgarh, executive orders have been issued to about fifty departments to
2
ease people’s access to information. While in Kerala and Orissa, the initiative
has come from the Panchayat Departments.
5. Karnataka Right to Information Act: Need for field assessment
The Karnataka Right to Information Act(KRIA) was enacted in 2000. The draft
rules were pjjblished for public comments in October 2001 and gazzetted in
July 2002 with a few but significant omissions pertaining to obligation on the
government agencies to publish facts concerning important decisions,
policies; schemes, projects or activities. With all its weaknesses, the KRFA still
offers reasonable scope to secure the Right to Information of citizens in
Karnataka. Most often, laws only remain on paper either because of laxity in
its enforcement or lack of public awareness. Therefore the need of the hour is
to enhance public awareness, create a demand for information and make the
law work for citizens.
Prior to this, however, a field assessment of KRIA needs to be carried out to
test the operational efficacy of the various provisions of the Act. Such an
investigation would generate valuable feedback to the government. Answers
to questions such as - how the law is faring on the ground? what are the
existing voids in the law? what are the legal /policy changes required to fill
the lacunae? are the officials concerned aware of KRIA provisions? are the
specified procedures too cumbersome? is the time frame realistic ? etc. will
go a long way in fine tuning the law and strengthening the implementation of
KRIA.
6. Field assessment of KRIA - methodology
Trained volunteers representing various civil society groups in Bangalore will
visit the identified agencies and seek various types of information using the
procedure specified in KRIA. The assessment intends to document about 100
cases over a period of two months starting Mid November and ending mid
January 2003. A feedback schedule /form will be designed to enable
"volunteers share their experiences with the agencies.
7. Objectives of the exploratory workshop:
Set in this backdrop the proposed exploratory workshop seeks:
• To share and discuss information on KRIA with civil society groups in
Bangalore
• To ascertain the willingness of the groups/individuals to participate in the
field assessment
• To seek participants' inputs on the methodology for field assessment
and fine tune the same
• To identify agencies/ types of information for the field assessment
3
Report of exploratory workshop on Karnataka Right to Information Bill
Date: 9th Saturday November 2002
Public Affairs Center (PAC) organized half a day exploratory workshop on KRIA
with support from Commonwealth Human Rights Initiative (CHRI), New Delhi. 35
participants in the programme included freelance journalists, Ngo members and
Civic group members from different parts of city.
After initial introduction of all the participants, Mr. Manjunath Sadashiva of PAC
gave the brief outline of day’s programme. Programme began with Dr. Samuel Pal,
4
Director of PAC explaining importance of KRIA. He also called upon all the
participants to properly understand and utilize KRIA very effectively.
Ms. Deepika Mogilishetty shared about major activities of CHRI. Then she went on
to explain Right to Information in different states of the country. She started with
explaining about the need for such a law. Some of the reasons include operationalize the fundamental right to information; set up systems and mechanisms
to facilitate easy access to information; promote transparency and accountability in
governance; decrease corruption and inefficiency in government departments;
increase people’s participation. While explaining the status of Right to Information
Bill she mentioned that few states have already enacted the law and some are already
in pkc^. Some of the states are - Tamil Nadu(1997), Goa (1997), Rajasthan(2000),
Maharashtra(2000- promulgated in 2002), Karnataka (2000- promulgated in 2002),
Delhi(2001). Few states that are in this process include- Orissa, Andhra Pradesh,
Madhya Pradesh and Chattisgarh. Apart from this Union Bill in this regard is
pending in parliament since 2000.
Some of the salient features of Right to Information are :
1. Minimal Exceptions- Authority cannot deny any information to the seeker,
unless the information sought can be threat to sovereignty and constitution of
country.
2. Duty to inform- It is the bounding duty of the prescribed officer to provide
information sought.
E>'>
3. Reasonable fee structure- Fee charged for the information should be minimal
and should cover only cost of the materials.
4. Proper Maintenance of record- Records, which is meant to inform, should be
updated and latest details should be available.
5. Time limit - Time sought by authorities to provide information should have
ceiling. Under this act, authorities should provide information within 30 days.
6. Independent appeal mechanism- if person finds it difficult to get required
(legitimate) information, then he or she should get an opportunity to go for
independent mechanism. This mechanism should look beyond the act and
provide support to seeker.
7. Independent Monitoring body- an independent person or a body should
monitor This whole process.
8. Penalties- penalties should be enforced on erring officials.
9. Protection to the activists- Any activist who tries to get information may be
under the threat by vested forces. Police and legal system should proper
protection to these activists.
10. Publicity and training of Government officials- Government officials and
NGO staff and common citizens should be made aware of this act and they
should be encouraged to this very extensively.
Government should notify who is competent authority in particular department to
seek information.
In the next session, Mr. Manjunath Sadashiva (PAC) explained about the field
assessment of the KRIA schedule. This can help in operationalizing efficacy of
various provisions under this act. He explaiSned about the format and requested all
the participants to use this act. He also requested for feedback on the format. Session
ended with all the participants agreeing to meet after a month to share about the
experiences.
&
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1. KUP's
I
I
1
I
1
I
V
I
Karnataka Local Laws in about 25 vols. (approx.) 1 to 19 ready
(remaining in a very quick succession)
each vol. 650/2. KLJP’s
Karnataka Forest Manual in 2 vote.
1150/3. KUP’s
Karnataka Excise Manual
895/4. KUP’s
Karnataka Panchayat Raj Manual (English)
660/5. KUP's
Karnataka Panchayat Raj Manual (Kannada)
675/6. KUP’s
Karnataka Panchayat Raj Act (Kannada)
250/7. KUP’s
Karnataka Panchayat Raj Act (English)
280/8. KUP's
Karnataka Land Reforms Act with comments
450/9. KUP’s
Karnataka Civil Senrices Manual in 2 vote.
1320/10. KUP’s
Karnataka Taxation Laws Manual [A book on Minor Acte] *
990/11. KUP’s
Karnataka Sales Tax Act in 2 parts
900/12. KUP’S
Environment Protection & Pollution Control Manual with Kam Rules
550/13. KUP’s
Karnataka Stamps & Registration Manual
650/14. KUP’s
Land Acquisition Act with comments and Karnataka Rules and
allied Laws
380/15. KLJP’s
Karnataka Co-operative Societies Act, 1959 [2001 Edton]
550/16. KLJP’s
Karnataka Rent Control Act with Commentary
380/<
17. KLJP’s
Karnataka Statutory Boards Manual
795/18. KLJP’s
Law Relating to Chit Funds. Clubs. Gambling,
Lotteries & Price Competitions in Karnataka [2001]
360/19. Sree Kumar’s — Chasing the Dragon (NDPS Laws)
580/20. Dr. (Mrs.) Kazi Ashraf Unnisa’s — Doctrine of Promissory Estoppel in
England & in India
450/21. KUP’s
Karnataka Municipalities Manual in 2 vote.
1320/22. KUP’s
Karnataka Municipal Corporations Manual
660/23. KUP'S
Criminal Procedure Code with Commentaries and Karnataka
Criminal Rules of Practice, IPC, Evidence and other afeed Laws for
immediate reference
550/24. KUP’S
Karnataka Municipal Corporations Act
450/25. KUP’S
Guide to Police Laws in Karnataka
990/26. KUP’s
Preparing the Indian Police for the 21st Century by
S. I$rishnamurthy (IPS)
250/27, Kl^P’s
Karnataka Agricultural Produce Marketing Act
33ty28. ICB’s
Recovery of Debts Due to Banks & Financial Institutions Act, 1993
450/29. KUP’s
Karnataka Mines & Minerals Manual
550/^30: KUP’s
Land Laws in Karnataka in 2 vote.
1150/31. KUP's
Karnataka Registration Manual
360/32. Rao’s
A Practical Guide to Labour Laws
300/33. KUP’s
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225/34. Rao’s
Indian Trusts Act
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480/36 KUP’s
Law relating to Chit Funds, Clubs, Gambling, Lotteries and Prize
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360/37. /KUP’s
Karnataka Weights & Measures Manual
550/38. KUP’s
Karnataka Education Manual
795/39. KUP’s
Departmental Inquiries against Govt. Servants in Karnataka
By K. Mruthyunjaya Swamy
780/40. JOJP’s
Karnataka Courts Practice Manual in 2 vote.
1150/-
KLJP’s
-
THE
KARNATAKA
■
jp1'
RIGHT TO INFORMATION
~
—
■“ -■ fe....ACT, 2000
I
(KARNATAKA ACT No 28 OF 2000]
I
■t
sJdo±)e» ■ so^
i.
2000
i
[2000d dcswutf eS&ofcsfc ?Joa56 28]
t
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Edited by
SATHPALPULIANI
Managing Editor
KARNATAKA LAW JOURNAL
A
S'’"'-’
I
KARNATAKA LAW JOURNAL PUBLICATIONS
BANGALORE
.ft'-’
—
—__
“1*
i
KUIP’s
THE
KARNATAKA
RIGHT TO INFORMATION
ACT, 2000
[KARNATAKA ACT No 28 OF 2000)
e©ao±>s±), 2000
[2000d ^^srud e^o±«b ;*oj36 28]
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(i)
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THE
KARNATAKA
RIGHT TO INFORMATION
ACT, 2000
[KARNATAKA ACT No 28 OF 2000]
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28]
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«^0±>£0 8o&>.u
NEW 2001 EDITION
Edited by
SATHPAL PULIANI
Managing Editor
Karnataka Law Journal
KARNATAKA LAW JOURNAL PUBLICATIONS
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NEW EDITION 2001 (MARCH)
© Puliani and Puliani, Bangalore - 9
(tf)
Published by
S.P. Puliani
For Karnataka Law Journal Publications
Bangalore - 9
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Price Rs. 30/-
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This publication is sold with the understanding that author/editors and
publishers are not responsible for the result of any action taken on the basis of
this work nor for any error or omission, to any person, whether
to a purchaser of this publication or not.
(3) (2)d« t‘x>dddrad eood^, djaodoidj, Ad^oxctd xtodtpHd^,
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No part of this book may be reproduced or copied in any form or by
any means without the permission of the publisher.
(ii)
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12
tesrud
2000
sJdoixx ao^
S-
(^)
eosytecs', assort
THE
KARNATAKA
RIGHT TO INFORMATION ACT, 2000
ex$ oeAot^, ztetsteel^ wqJg
(<~? )
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4. stoSoAron aS^.—(i) &
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.
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[KARNATAKA ACT No. 28 OF 2000]
^rtjwoc^da,
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uiodc?Wa?t4dDod, ysdAd
CONTENTS
MA, o^d
BXSFKoAtf, jVs^c^ eqic; w^rtf
txjto exsda^eoi
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(a.)
j±cA
Statement of Objects and Reasons . . .
Page No.
. . . . 1
Sections
1. Short title and commencement
2. Definitions
3
(a) Competent Authority
(b) Information
(c) Public authority
(d) Right to Information
(e) Record
(f) Trade secret
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3
3
3
3
............................................. 3
3.
4.
Obligation of public authorities
Right to information
4
4
5.
6.
7.
8.
9.
Procedure for supply of information
6
Grounds for refusal to supply information in certain cases ... 6
Appeals . . . . ........................................................................... 7
Power to remove difficulties
Penalties
7
10. Bar of jurisdiction of Courts
7
11. Act to have overriding effect
12. Power to make rules
13. Repeal and savings
7
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g
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AJoaSob dxdrt 3d!>F&adx&:
STATEMENT OF OBJECI'S AND REASONS
It is considered necessary to have a legislation to provide right of access
to information to the citizens of the State which would promote, openess.
1
2
KARNATAKA RIGHT TO INFORMATION ACT, 2000
S.O. & R.
transparency and accountability in administration and ensure effective par
ticipation of people in the administration.
g. 3(a)
jIjs&jA sidcdoco
(a)
sidoixx) ate/'
;
(ii)
eqto otocide
eci^ atysW,
fcourtJwW s&aod;
(i) Requiring public authorities to make voluntary disclosure of
certain information referred to in Clause 3;
(iii) Specifying the procedure for supply of information;
11
—
(j)
The Karnataka Right to Information Bill, 2000 among other things pro
vides for the following.—
(ii) Listing exemption from giving information under certain
circumstances as mentioned in Clause 4;
2000
(iii)
duswf,
eoqJ
oisside TOdmad z^dasddod eod
()
(iv) Specifying the grounds for refusal to supply information in
certain cases;
riused eqijsj
ddcddj^d edaaJd aafy
^najDd" o±o.—
(i)
cdxijde dTO,dew,
jDab,
(ii) otoijde dro dedd
(v) Imposing a penalty on the Competent Authority upto two
thousand rupees for failure to give information without any
reasonable cause;
(iii)
fvi) An appeal is provided against the order of the Competent
Authority and a second appeal lies to the Karnataka Appellate
Tribunal.
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Xeoijsoacid
xaqWd sdwtf u^daxesd odaijd?
(iv) tfosj^uod eqtos oto^de
Certain incidental provisions are also made.
Since the matter was urgent and the Karnataka Legislature Council was
not in session the Karnataka Right to Information Ordinance, 2000
(Karnataka Ordinance 9 of 2000) was promulgated to achieve the object.
Hence the Bill.
[Obtained from L.C. Bill No. 2 of 2000]
(First published in the Karantaka Gazette, on the Thirteenth day of
December, 2000)
Received the assent of the Governor on the Tenth day of December, 2000)
(dd*)
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—
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ddxx^ Xjad dqj dad ^tsrKUxeyl ^drZo^d^;
(is)
(a)
(j)
An Act to provide for right of access to information to the citizens of
the State and in relation to the matters connected therewith or incidental
thereto.
Whereas, right to Government held information is accepted by the Su
preme Court as a part of right to speech and expression guaranteed to
citizens in the Constitution.
acdd,
ddA, Xctfed, ROirgcb,
(iii)
(iv)
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And whereas, providing right of access to information to the citizens of
the State promotes openess, transparency and accountability in administra
tion and ensures effective participation of people in die administration and
thus makes democracy meaningful.
And whereas, it is expedient to provide for right of access to information
to the citizens of the State and in relation to the matters connected therewith
or incidental thereto and for the purposes hereinafter appearing.
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3
Be it enacted by the Karnataka State Legislature in the Fifty-first Year of
the Republic of India as follows.—
1. Short title and commencement.—(1) This Act may be called the Kar
nataka Right to Information Act, 2000.
(2) It shall come into force from such date, as the State Government may,
by notification, appoint and different dates may be appointed for different
provisions of this Act.
2. Definitions.—In this Act, unless the context otherwise requires.—
(a) "Competent Authority" means head of the office or any officer or
person as may be notified by the State Government for the purpose
of this Act:
Provided that where the Competent Authority transfers applica
tion to any officer or person under the proviso to sub-section (2) of
Section 5, such officer or person shall be deemed to be the Compe
tent Authority;
(b) "Information" means information relating to any matter in respect
of the affairs of the administration or decisions of a public authority;
(c) "Public authority** means.—
(i) all offices of the State Government including the Karnataka
Public Service Commission;
(ii) all local authorities, all authorities constituted by or under any
Act of the State Legislature for the time being in force, a com
pany, corporation, trust, society, any statutory or other author
ity, Co-operative society or any organisation or body funded,
owned or controlled by the State Government,
but does not include.—
"xadrtsdd zs^exl" <aodd.—
(i)
KARNATAKA RIGHT TO INFORMATION ACT, 2000
(e)
(i) offices of the Central Government;
(ii) any establishment of the armed forces or Central Paramilitary
forces;
(iii) any body or Corporation owned or controlled by the Central
Government;
"Right to Information" means right of access to information from
any public authority.—
(i) by obtaining certified copies of any records;
(ii) by obtaining diskettes, floppies or any other electronic mode or
through printouts where such information is stored in a com
puter or in any other device;
(iii) in such other manner as may be prescribed;
"Record" includes.—
(i) any document, manuscript and file;
4
KARNATAKA RIGHT TO INFORMATION ACT, 2000
S. 4(2)(b)
(ii) any microfilm, microfiche and facsimile copy of a document;
oddc&ex aod^ e£&o±>s±), 2000
de^riad
(iii) any reproduction of image or images embodied in such-micro
file (whether enlarged or not); and
2000d dcsaratf
?Jo536 28
(iv) any other material produced by a computer or by any other
device;
(f)
"Trade secret" means information contained in a formula, pattern,
compilation, programme, device, product, method, technique or
process which is not generally known and which may have eco
nomic value.
3. Obligation of public authorities.—Every public authority shall.—
dtfd£®rt«b
2.
10
10
(d) djs&x»...................................................................
10
(*) TOdrtj^d ro^rod
.................................................
10
(a) d^s zJdc&co
..............................................
11
(^) nwDeJ...........................................................
11
(zjip*) 41 dd*6-.-^-. -.- .—7 . . .................................
11
3. TOdrtj^tf. Ec^wdrtV dj^rtnsod.......................................
11
4.
......................................................................
12
5.
ludAJt^dff^A Bsotrad^.......................................
13
eq»dd^
13
7. e&«xrtet..............................................................
14
8. IjjcddrtV^ ^z;0Xcc tsd^d
14
....................
14
(i) the particulars of its organisation, functions and duties;
(c) publish all relevant facts concerning such of the important decisions
and policies that affect the public as may be prescribed while announcing
such decisions and policies;
(d) before sanctioning or initiating or causing to sanction or initiate any
project, scheme or activity as may be specified by the State Government,
puolish or communicate to the public generally or to the persons affected or
likely to be affected by the project, scheme or activity in particular in such
manner as may be prescribed, the facts available to it or to which it has
reasonable access which in its opinion should be known to them in the best
interests of maintenance of democratic principles;
(e) publish such other information as may be prescribed.
4. Right to information.—(1) Subject to the provisions of this Act every
citizen shall have the right to information.
(2) Notwithstanding anything contained in sub-section (1), no person
shall be given.—
(a)
(b)
information, the disclosure of which would prejudicially affect the
sovereignty and integrity of India, security of the State, strategic,
scientific or economic interest of India or conduct of international
relations;
information, the disclosure of which would prejudicially affect
public safety and order or which may lead to an incitement to
10
cs^ra!..................................................
(£)
(b) publish at such intervals as may be prescribed.—
(iv) the details of facilities available to citizens for obtaining infor
mation;
. .
.......................................................................
(a) maintain all records in such manner and form as is consistent with its
operational requirements duly catalogued and indexed;
(ii) the powers and duties of officers and employees and the pro
cedure followed by them in the decision making process;
(iii) the norms set up by the public authority for the discharge of its
functions;
a&3 ?Jojd6
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8
KARNATAKA RIGHT TO INFORMATION ACT, 2000
S. 13(2)
any other law made by the State Legislature in respect of any matter falling
under State list or Concurrent list except the provisions of any existing law
or a law made by Parliament in respect of any matter falling under Concur
rent list.
12. Power to make rules.—(1) The State Government may, after pre
vious publication by notification make rules to carry out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely.—
(a) the fee payable under Section 5;
(b) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after it
is made, before each House of the State Legislature while it is in session for
a total period of thirty days which may be comprised in one session or in
two or more successive sessions and if before the expiry of the session in
which it is so laid or the session immediately following, both the Houses
agree in making modification in the rule or both the Houses agree that rule
should not be made the rule thereafter, shall have effect only in such modi
fied form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
13. Repeal and savings.—(1) The Karnataka Right to Information Ordi
nance, 2000 (Karnataka Ordinance No. 9 of 2000), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken un
der the said ordinance shall be deemed to have been done or taken under
this Act.
S. 4(2)(h)(ii)
KARNATAKA RIGHT TO INFORMATION ACT, 2000
5
commit an offence or prejudicially affect fair trial or adjudication of
a pending case;
(c) information relating to Cabinet papers including records of the
deliberations of the Council of Ministers, Secretaries and other
Officers:
Provided that information regarding the decisions of the Cabinet along
with the reasons leading to the decision shall be made available and every
Government Order issued on the basis of the Cabinet decision shall be
accompanied by a statement explaining the reasons for and the
circumstances under which the decision is taken;
(d)
information, the disclosure of which would harm, frankness and
candour of internal discussions including inter-departmental or
intra-departmental notes, correspondence and papers containing
advice or opinion as also of projections and assumptions relating to
internal policy analysis:
Provided that information regarding such minutes or records, advice
including legal advice, opinion or recommendation made or given in
respect of the executive decisions or policy formulations, shall be made
available after an executive decision is taken or policy formulation is done;
(e)
information, the disclosure of which would prejudice the
assessment or collection of any tax, cess, duty or fee or assist in
r»
avoidance or evasion of the tax, cess, duty or fee;
(f)
information, the disclosure of which would constitute a breach of
privilege of the Parliament or the State Legislature:
Provided that the Competent Authority shall before withholding
information under this clause refer the matter to the Karnataka Legislative
Assembly Secretariat or the Karnataka Legislative Council Secretariat, as
the case may be for determination of the issues and act according to the
advice tendered by the Secretariat:
Provided further that in computing the period of fifteen working days
under sub-section (2) of Section 5 for the purpose of this clause, the time
required for determination of issues under the first proviso shall be
excluded;
(g)
information regarding trade or commercial secrets protected by
law or information, the disclosure of which would prejudicially
affect the legitimate economic and commercial interest or the
competitive position of a public authority; or would cause unfair
gain or loss to any person;
(h)
information regarding any matter which is likely to.—
(i) help or facilitate escape from legal custody or affect prison
security; or
(ii) impede the process of investigation or apprehension or prose
cution of offenders.
6
KARNATAKA RIGHT TO INFORMATION ACT, 2000
S. 6(d)
5. Procedure for supply of information.—(1) A person desirous to ob
tain information shall make an application to the Competent Authority in
the prescribed manner? along with such fee, in such form and with such
particulars, as may be prescribed:
Provided that the fee payable shall not exceed the actual cost of supply
ing information.
(2) On the receipt of an application requesting for information, the Com
petent Authority shall consider it and except for justifiable reasons, pass
orders thereon either granting or refusing it, as soon as practicable and in
any case within fifteen working days from the date of receipt of the applica
tion:
S. 11
KARNATAKA RIGHT TO INFORMATION ACT, 2000
7
Provided that the information relating to returns of assets and liabilities
filed by any Government servant shall be made available to the public.
7. Appeals.—(1) Subject to such rules as may be prescribed, any per(0
aggrieved by an order of the Competent Authority may, within
fifteen days from the date of receipt of such order; or
who has not received any communication within a period of fifteen
working days from die date of making application under Section 5,
may within thirty days next after such period;
appeal to such authority as may be prescribed:
(ii)
Provided that where the Competent Authority does not have the infor
mation, he shall within fifteen days from the date of receipt of application
transfer the application to the officer or person with whom such informa
tion is available and inform the applicant accordingly and thereafter such
officer or person to whom such application is transferred shall furnish in
formation within fifteen working days from the date of receipt of the appli
cation from the Competent Authority.
Provided that no appeal shall lie against an order of withholding of information
under clause (f) of sub-section (2) of Section 4.
(2) The Appellate Authority may, after giving the person affected a reasonable opportunity of being heard, pass such order as it deems fit.
(3) Where a request is rejected under sub-section (2), the Competent
Authority shall communicate in writing to the person making the re
quest.—
(4) Appeals referred to in sub-sections (1) and (3) shall be disposed of
within thirty days from the date of receipt of such appeals.
(3) Any person aggrieved by the order of the Appellate Authority under
sub-section (2) may prefer an appeal to the Karnataka Appellate Tribunal.
(i)
the reasons for such rejection;
(ii)
the period within which the appeal against such rejection may be
preferred;
8. Power to remove difficulties.—If any difficulty arises in giving effect
to the provisions of this Act, die State Government may, by an order make
such provisions not inconsistent with the provisions of this Act and appear
to them to be necessary or expedient for removing the difficulty:
(iii)
the particulars of the Appellate Authority.
Provided that no such order shall be made after the expiry of two years
from the date of commencement of this Act.
6. Grounds for refusal to supply information in certain cases.—With
out prejudice to the provisions of Section 4, the Competent Authority may
also reject a request for supply of information where such request.—
(a)
is too general in nature and the information sought is of such na
ture that, it is not required to be ordinarily collected by the public
authority:
Provided that where such request is rejected on the aforesaid ground, it
shall be the duty of the Competent Authority to render help as far as possi
ble to the person seeking information to reframe the request in such a
manner as may facilitate the supply of information;
(b)
relates to information that is required by law, rules, regulations or
orders to be published at a particular time; or
(c)
relates to information that is contained in published material avail
able to public;
(d)
relates to personal information the disclosure of which has no rela
tionship to any public activity or which would cause unwarranted
invasion qf the privacy of an individual except where larger public
interest is served by disclosure:
9. Penalties.—Where any Competent Authority, without any reasonable
cause fails to supply information sought for within the period specified
under Section 5 or furnishes information which is false with regard to any
material particulars and which it knows or has reasonable cause to believe
it to be false.—
(i)
the authority immediately superior to the Competent Authority
may impose a penalty not exceeding two thousand rupees on such
Competent Authority as it thinks appropriate after giving him a
reasonable opportunity of being heard and such a penalty shall be
recoverable from his salary or if no salary is drawn as arrears of
land revenue; and
(ii) he shall also be liable to disciplinary action under the service rules
applicable to him.
10. Bar of jurisdiction of Courts.—No Court shall entertain any suit,
application or other proceeding in respect of any order made under this Act
and no such order shall be called in question otherwise than by way of an
appeal under this Act.
11. Act to have overriding effect.—The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in
112 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
I
I
Percy notes, however, that in a riparian challenge, “a court might
consider the terms of the permit in assessing the reasonableness of the
holder’s use” (The Framework of Water Rights Legislation in Canada
87).
I
Blinded Justice
I
38. Estrin and Swaigen, op. cit., 13
I
39. Owen and Braeutigam, The Regulation Game, 2.
With a ruling from Ontario's highest court yesterday, his legal
battle to stop the rumblings of Toronto subway cars beneath his Bedford
Rd. offices came to an abrupt stop.
Three Ontario Court ofAppeal judges unanimously overturned a
lower-court ruling that the Toronto Transit Commission must pay Perry
damages for being a nuisance and remove a frog ’ that forms the
crossover of two rail lines at the busy St. George station, right outside
his door.
40. Horwitz, op. cit., 70, 100-1; Ellickson, “Alternatives to Zoning,”
694-9; and Block, “Economists and Environmentalists,” 17.
41. Trebilcock and Winter, op. cit. ,11.
For more on fthe deterrent value of liability, see Wnght and Linden,
Canadian Tort La
jw, Chapter 1; and Bardach and Kagan, Going By the
Book, 271-83.
The judges also blasted the trialjudge for suggesting the frog' be
removed, saying it was a cavalier idea that could have compromised the
safety of TTC passengers and besmirched the transit authority’s
reputation.
The experience of Florida’s fertilizer industry illustrates how
differently polluters will behave when the costs of their pollution are
internalized. In the 1950s, a number of phosphate fertilizer companies
polluted the air with fluorides, which settled onto neighbouring
grasslands, where cattle grazed. Many cattle developed fluorosis; their
joints stiffened, rendering them so completely immobilized that they
starved to death. Faced with the options of reducing fluoride emissions
or purchasing polluted lands (so their emissions would hurt only
themselves), the companies chose the latter. In order to avoid spending
$16 million installing pollution-control equipment, they spent $25
million buying 200,000 polluted acres. Only then did they realize that to
protect revenues from their new grazing lands, it made financial sense
to install the pollution-control equipment (Crocker and Rogers,
Environmental Economics, 93-112).
42. Trebilcock and Winter, op. cit., 10, 22.
Harold Perry is a shaken man.
And unless he moves his business, he will be for the rest of his
working days.
People working in a commercial area can't expect the same degree
of tranquility they wouldfind in a residential neighbourhood, the court
said.
While they may cause disruption, transportation networks provide
a public service so essential that it outweighs noise complaints or other
difficulties for people who work nearby, the judges said.
The Toronto Star, 1993l
i
i
Governments aren’t the only ones who have eroded common law
property rights in the name of the public good. The courts
themselves have modified both the rules governing liability and
the remedies available to those whose rights have been violated,
43. Coase, “The Problem of Social Cost,” 26.
all too often leaving people powerless to oppose environmental
degradation.
As demonstrated throughout Part One, ancient common law
r
114 PROPERTY RIGHTS IN THE DEFENCE
NATURE
BLINDED JUSTICE 115
I
property rights shielded the environmental interests of property
owners from those who would attack them. Rights brought with
them strict environmental responsibilities: the use of one’s own
property could not interfere with another’s use and enjoyment of
his property. However, as industry developed, those who feared
the costs and constraints of property and property rights tried to
redefine them. Property, they contended, was to be used and not
merely enjoyed. Property rights should therefore safeguard the
right to develop property as well as the right to be protected from
others’ uses. They argued, in other words, that a person’s
property rights should serve as both a sword to slash others’
rights and a shield to defend his own, with the courts as arbiters.
While courts in the United States often sympathized with
such arguments, British and Canadian courts maintained more
conservative views.2 Even they, however, sporadically made
concessions to industrialization.
An English court first legalized a previously unacceptable
nuisance in 1858. In Hole v. Barlow, a man objected to his
neighbour’s brick-making. The baking process, he complained,
created noxious vapours that rendered his home ‘uncomfortable,
unhealthy, unwholesome, and unfit for habitation.”3 The trial
judge’s instructions to the jury betrayed his greater concern for
polluting industries than for their victims:
[I]t is not every body [s/c] whose enjoyment of life and
property is rendered uncomfortable by the carrying on of an
offensive or noxious trade in the neighbourhood, that can bring
an action. If that were so . . . the neighbourhood of Birming
ham and Wolverhampton and the other great manufacturing
towns of England would be full of persons bringing actions for
nuisances arising from the canying on of noxidus or offensive
trades in their vicinity, to the great injury of the manufacturing
and social interests of the community. I apprehend the law to
be this, that no action lies for the use, the reasonable use, of a
i
I
.1
I
I
I
lawful trade in a convenient and proper place, even though
some one may suffer annoyance from its being so carried on.4
When the jury determined that the brick burning was indeed
“reasonable,” Mr. Hole appealed on the grounds that the judge
had misdirected the jury. But the Court of the Common Pleas
found no fault in the judge’s instructions. One judge defended
them as follows: “The common-law right which every proprietor
of a dwelling-house has to have the air uncontaminated and
unpolluted, is subject to this qualification, that necessities may
arise for an interference with that right pro bono publico [for the
public good], to this extent, that such interference be in respect of
a matter essential to the business of life, and be conducted in a
reasonable and proper manner, and in a reasonable and proper
place.” “[PJrivate convenience,” he concluded, “must yield to
public necessity.”5
This radical departure from precedent delighted polluters,
who frequently cited it in trying to defend their nuisances. The
character of a neighbourhood, they argued, should determine
whether an activity was permissible; manufacturing districts were
convenient, reasonable, and proper places in which to create noise
or emit fumes.
Such reasoning did not sit well with a higher British court,
however: the Exchequer Chamber overruled it four years later. In
that case, which similarly involved the “noxious and unwhole
some vapours, fumes, stinks and stenches” resulting from
brick-making, the court found that Hole v. Barlow had not been
well decided.6 What would constitute a “reasonable” use or a
“convenient” place, the majority of the judges wondered? As far
as they were concerned, a place where an activity would incom
mode someone else would be inconvenient. Changing the law to
allow one to cause nuisance to another, they warned, would “lead
to great inconvenience and hardship.”7
116 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
I
I
l
Regardless of the court’s rejection of Hole v. Barlow,
polluters continued to cite it in defence of their nuisances. In
1865, a copper smelter tried to use it as a defence against the
claims of a local manor owner, saying that the industrial character
of the neighbourhood made it a reasonable and proper place to
carry on its business. The House of Lords rejected the company’s
argument but did concede that courts should consider the
character of the neighbourhood in some cases. In a decision that
courts would refer to frequently in future years, one law lord
distinguished between nuisances resulting in personal discomfort
and those resulting in material injury or financial harm. Courts,
he said, should consider the character of the neighbourhood only
in the former cases:
Il a man lives in a town, it is necessary that he should subject
himself to the consequences of those operations of trade which
may be carried on in his immediate locality, which are actually
necessary for trade and commerce, and also for the enjoyment
of property, and for the benefit of the inhabitants of the town
and of the public at large. If a man lives in a street where there
are numerous shops, and a shop is opened next door to him,
which is carried on in a fair and reasonable way, he has no
ground for complaint, because to himself individually there
may arise much discomfort from the trade carried on in that
shop. But when an occupation is carried on by one person in
the neighbourhood of another, and the result of that trade, or
occupation, or business, is a material injury to property, then
there unquestionably arises a very different consideration.
[TJhe submission which is required from persons living in
society to that amount of discomfort which may be necessary
for the legitimate and free exercise of the trade of their neigh
bours, would not apply to circumstances the immediate result
of which is sensible injury to the value of the property.8
The compromise as laid down in that case was accepted in
both England and Canada; it still applies today. Courts continue
i
i
BLINDED JUSTICE 117
to distinguish between nuisances resulting in “mere” personal
inconvenience, discomfort or annoyance and those causing actual
damage to health or property. The former, unless substantial, may
be justified by the character of the neighbourhood in which they
occur. The latter, in contrast, readily entitle a complainant to his
remedy.9 In 1989, two Canadian Supreme Court judges summa
rized the law as follows:
The courts attempt to circumscribe the ambit of nuisance by
looking to the nature of the locality in question and asking
whether the ordinary and reasonable resident of that locality
would view the disturbance as a substantial interference with
the enjoyment of land. . . . [TJhese criteria find their greatest
application in cases where the interference complained of does
not consist of material damage to property but rather interfer
ence with tranquility and amenity. ... In the presence of actual
physical damage io property, the courts have been quick to
conclude that the interference docs indeed constitute a substan
tial and unreasonable interference with the enjoyment of
property.10
This approach shows common sense. One living in the
country expects purer air than one living in a city. Likewise, one
living in a residential neighbourhood expects greater quiet than
one living in a manufacturing district.
Canadian courts have also accommodated industrialization by
robbing victims of their most powerful remedies. At one time,those whose property rights had been violated could count on
obtaining injunctions against those responsible. In fact, at one
time certain courts had no choice but to issue injunctions. Not
until 1858 did the British Parliament empower Chancery courts
to award damages in lieu of injunctions. Ontario’s 1877 Judica
ture Act gave Ontario courts the same authority.
Courts have often cited the public interest when exercising
their new power. Early this century, one Ontario judge—Mr.
118 PROPERTY RIGHTS IN THE DEFE1
BLINDED JUSTICE 119
■ OF NATURE
Justice Middleton—became notorious for placing his concern for
the public good before the rights of individuals.11 He did so in
1914, when Vaux and Jessie Chadwick went to court to stop
Toronto from using its new electric pumps at a nearby water
pumping station. While he acknowledged that, the pumps’
vibration, humming, and buzzing constituted a nuisance, he
refused to issue an injunction. The pumping of water, he ex
plained, “is necessary for municipal purposes.”12 And so he would
choose the option, granted by the Judicature Act, of substituting
damages for an injunction.
Mr. Justice Middleton did not limit this special treatment to
municipalities; private polluters soon discovered that they, too,
could benefit from his concerns for the general welfare. Between
1916 and 1920, a number of farmers sued copper and nickel
smelters near Sudbury, Ontario, complaining that sulphur dioxide
in the smelters’ smoke damaged their crops and soil, contami
nated their water, and injured their animals. Mr. Justice
Middleton tried six of the cases together. In a decision that broke
new ground in Canadian law, he allowed the pollution to continue
in the name of the common good. Since mines inevitably
produced smoke, he reasoned, forbidding smoke could ruin the
industry. That must not happen: “The Court ought not to destroy
the mining industry—nickel is of great value to the world—even
if a few farms are damaged or destroyed.” The judge even
suggested that the farmers benefited from the mines: closing the
mines would destroy the community, and thus the market for the
farmers’ goods, forcing the farmers to move. Such remarks must
have sounded offensively patronizing to the farmers, who would
not have sought injunctions had they determined the mines to be
in their best interest. Nor, likely, would the farmers have taken
much comfort from the judge’s conclusion, which sounded more
like that of a government than a court of law: “There arc circum
stances in which it is impossible for the individual so to assert his
I
individual rights as to inflict a substantial injury upon the whole
community.”13.
Concern for the public good similarly influenced the court in
a mid-1930s case in which a man from Kingsville, Ontario, sued
a tobacco processing plant whose fumes sickened his family.
Although the Court of Appeal found that the tobacco company
had indeed created a nuisance, it refused to grant an injunction
against it. The court worried that an injunction would disadvan
tage the defendant and the community far more than it would
benefit the plaintiff: the factory employed 200 people, who would
lose their jobs as a result. “[T]his,” said one judge, “is to be
avoided if at all possible. The public good can never be absent
from the mind of the Court when dealing with a matter of discre
tion.”14
Fortunately, the above decisions arc exceptions to the rule.
Textbooks continue to hold that “It is no defence that the
nuisance, although injurious to the individual plaintiff, is benefi
cial to the public at large.”15 Injunctions remain the favoured
remedy in both English and Canadian property rights cases,
especially where trespass or a violation of riparian rights has
occurred, and generally, but somewhat less categorically, in
nuisance cases.16 The Ontario High Court noted in 1984 that “the
defence of ‘general benefit of the community’ ... is not available
in answer to a claim for nuisance. There has been consistent
rejection of that notion by the highest Canadian courts.”17 Five
years later a Canadian Supreme Court judge confirmed the courts’
reluctance to override common law property rights. “The courts,”
he said, “strain against a conclusion that private rights are
intended to be sacrificed for the common good.”18
A number of factors have contributed to the courts’ reluc
tance to substitute damages for injunctions. Judges have long
understood that many injuries cannot be monetized. How, one
law lord wondered as early as 1859, can someone prove the exact
120 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
quantity of pecuniary loss he has sustained? What, for example,
is the value of a business’s lost customers?19
Only victims themselves can know what value they place on
a good night’s sleep, or how much money they would be willing
to accept for breathing foul air. When a judge or jury awards
damages, however, the victims do not determine the amount.
Substituting damages for an injunction therefore amounts to
forcing the victim to sell his property rights at a price set by the
court. It amounts, in short, to giving a defendant the power of
expropriation.
In contrast, injunctions allow the victim to negotiate his own
price. If his environment is priceless, he may simply tell the
polluter to go away. Alternatively, he may bargain away his rights
or reach a compromise that benefits both him and the polluter.20
Furthermore, only injunctions can prevent the recurrence of
property rights violations. In allowing damages to replace injunc
tions, courts in effect license continuing wrongs—a role which
they generally reject. A British judge warned in 1894 that the
court must not become “a tribunal for legalizing wrongful acts.
. . . [TJhc Court has always protested against the notion that it
ought to allow a wrong to continue simply because the wrongdoer
is able and willing to pay for the injury he may inflict.”21 With
some important exceptions, his successors have paid him heed.
Notes
1.
Toronto Star, “Court derails man’s bid to stop subway noise.”
2. For information on the American experience of courts transforming
the common law to benefit industry, see Horwitz, The Transformation
ofAmerican Law 1780-1860, especially 2, 3, 17, 19, 31,37, 40, 70, 99.
Epstein challenges Horwitz’s view in “The Social Consequences of
BLINDED JUSTICE 121
Common Law Rules,” 1729.
For information on the Canadian experience, see Risk, “The Law
and the Economy in Mid-Nineteenth-Century Ontario,” 122; and
Nedelsky, “Judicial Conservatism in an Age of Innovation,” 281-310.
3. Hole v. Barlow (1858), 4 C.B. (N.S.) 334, 140 E.R. 1113 at 1114
(C.P.).
For a discussion of this case in the context of the weakening of
nuisance law in the nineteenth century, see Brenner, “Nuisance Law and
the Industrial Revolution,” 408-32.
4.
Hole v. Barlow, ibid, at 1114.
5.
Ibid, at 1118.
6. Bamford v. Tumley (1860), 3 B. & S. 62, 122 E.R. 25, alTd (1862),
3B. &S. 66, 122 E.R. 27 (Ex.).
7.
Ibid, at 30.
8. The Directors, etc. of the St. Helen’s Smelting Co. v. William
Tipping (1865), 11 H.L.C. 642, 11 E.R. 1483 at 1486.
According to both Brenner and Nedelsky, St. Helen's Smelting Co.
v. Tipping was “arguably the most important nuisance case of the era”
{op. cit., 413 and 316 respectively).
9. For further information, see Estrin and Swaigen, Environment on
Trial, 110; Canadian Environmental Law Research Foundation, “An
Overview of Canadian Law and Policy Governing Great Lakes Water
Quantity Management,” 115; Campbell et al., “Water Management in
Ontario,” 503-4; and Nedelsky, op. cit., 287-8, 317.
10. Tooket al. v. St. John's Metropolitan Area Board (1989), 64 D.L.R.
(4th) 620 at 639-40.
122 PROPER!Y RIGHTS IN THE DEFENCE
NATURE
11. McLaren calls the notion that a judge may consider the social utility
of a nuisance before issuing an injunction against it “the brain child” of
Mr. Justice Middleton; he later refers to the notion as “the Middleton
thesis” (“The Common Law Nuisance Actions and the Environmental
Battle,” 554-5).
12. Chadwick v. City of Toronto (1914), 32 O.L.R. Ill at 113.
13. Blacky. Canadian Copper Co., etc. (1917), 12 O.W.N. 243 at 244,
aff’d (1920), 17 O.W.N. 399 (C.A.).
Dewees and Halewood point out that a court injunction would not
have shut down the nickel industry. Seasonal, locational and techno
logical alternatives in use elsewhere would have enabled Canadian
Copper (INCO’s predecessor) to reduce hot only local agricultural
damage but also the acid damage wreaked on Canadian lakes and forests
(“The Efficiency of the Common Law,” 3,14, 16-9).
No one today accepts acid damage as necessary. The great eco
nomic and environmental costs of acid rain—not generally recognized
until the 1970s and 1980s—might have been avoided had property rights
been enforced early this century.
14. Bottom v. Ontario Leaf Tobacco Co. Ltd., [1935] OR. 205 at 206
(C.A.).
15. Heuston and Buckley, Salmond & Heuston on the Law of Torts, 79.
16. In Shelfer v. City ofLondon Electric Lighting Co., [ 1895] 1 Ch. 287
at 322-3, one justice explained that a court should substitute damages for
an injunction only if the injunction would be oppressive and the injury
was small and could be easily estimated and compensated by money.
That 1894 decision has since been frequently followed.
For more information on when courts grant injunctions, see Sharpe,
Injunctions and Specific Performance, 6, 180-201; Nedelsky, op. cit.,
301-3; and Estrin and Swaigen, op. cit., 108-10. For information on the
extent to which British courts favoured early industrial development see
McLaren, “Nuisance Law and the Industrial Revolution,” 341 -65.
BLINDED JUSTICE 123
17. Buysse et al. v. Town of Shelburne (1984), 6 D.L.R. (4th) 734 at
740.
18. Took v. St. John’s Metropolitan Area Board, op. cit at 651.
19. The Directors, &c., of the Imperial Gas Light and Coke Company
v. Samuel Broadbent
7 H.L.C. 600, 11 E.R. 239 at 243.
20. Property rights case law illustrates both that people with clearly
defined rights have long negotiated with would-be polluters and that
they frequently place limits on how much they are willing to bargain
away.
Wood v. Sutcliffe tells of a dispute between the users of a Yorkshire
stream. In the first decades of the nineteenth century, worsted wool
spinners had used the pure stream to wash wool and generate and
condense steam. When an upstream factory began to pollute the stream,
the spinners threatened to sue. To avoid litigation, the factoiyLowners
offered to annually pay the spinners £2 per horse-power for the right to
pollute the water. The spinners agreed, and sunk a well from which they
could draw the pure water they needed. But the spinners were not
content to let the stream deteriorate further, and launched lawsuits
against other polluters in both 1849 and 1X51. (1X51), 2 Sim (N.S.)
163, 61 E.R. 303. Also sec Wood and Another v. Waud and Others
(1849), 3 Ex. 748, 154 E.R. 1047.
Walker v. McKinnon Industries Ltd. chronicles the dispute in St.
Catharines, Ontario, between a florist and a neighbouring foundry.
Although fumes and soot from the foundry blocked the sunlight from the
florist’s greenhouses and injured his plants, the ilorist at first chose to
negotiate rather than sue. World War II raged, and the courts seemed
unlikely to restrain a company that manufactured urgently needed
munitions. The florist and the foundry owners reached agreements
regarding damages and temporary easements for the pollution. When the
pollution continued after the war ended, however, the florist launched
a court action for both damages and an injunction. [1949] 4 D.L.R. 739
(Ont. H.C.), aff’d [1950] 3 D.L.R. 159 (Ont. C.A.), aff’d [1951] 3
D.L.R. 577 (P.C.).
124 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
The possibility of a polluter obtaining the consent of his victims has
been raised in other cases, including Embrey v. Owen (1851), 6 Exch.
353 at 370 and Roberts v. Gwyrfai District Council, [ 1899] 2 Ch. D 608
at 608, 610. Also see Campbell et al, “Water Management in Ontario ”
504.
21. Shelfer v. City of London Electric Lighting Company, op. cit. at
311,315-6.
I
The Courts v. The Common Man
All the filth of the town—dead horses, dogs, cats, manure, etc. heaped
up together on the ice, to drop down, in a few days, into the water which
IS used by almost all the inhabitants on the Bay shore .
The Canadian Freeman, circa 18321
n the nineteenth century Toronto’s waterfront was a cesspool.
The municipal government located its first landfill dumps on the
water s edge in 1835. That same year it started emptying its
sewers into the harbour . . . and didn’t stop for three-quarters of
a century. Rotting garbage and raw sewage soon filled the
shoreline slips, necessitating frequent dredging. In response, the
city simply extended its sewers further into the harbour.’ By ■
128 PROPERTY RIGHTS IN THE DEFENCE
_ NATURE
mid-century, a two-foot-thick carpet of sewage stretched more
than 300 feet from the shore.2
The government wasn’t the only polluter. Companies drained
manure from their cowsheds into nearby Ashbridges Bay. People
dumped trash into the water. In the winter, they tossed it-onto the
frozen lake, knowing that it would sink in the spring melt.
Incredibly, the city drew its drinking water from the fetid
harbour. The contaminated water (described by the Globe as
“drinkable sewage”3) sickened Torontonians. Cholera broke out
in 1832, and again and again during the following decades.
Typhoid fever followed.4
Toronto was by no means unique. In fact, it was one of the
age’s cleaner cities, described in 1884 as “the healthiest on the
American continent.”5 Britain’s industrial towns may have been
the most polluted. There the Industrial Revolution transformed
pastoral landscapes into wastelands of appalling filth and
ugliness. One district’s saturation with smoke and coal dust
earned it the name “the Black Country.” Chemical vapours
destroyed virtually all of another district’s trees, gardens and
crops. Once-clcar rivers ran like ink. They stank and, in one case,
burned. Friedrich Engels described the view from a Manchester
bridge in 1844:
At the bottom flows, or rather stagnates, the Irk, a narrow, coal
black, foul smelling stream full of debris and refuse, which it
deposits on the shallower right bank. In dry weather, a long
string of the most disgusting, blackish green, slime pools are
left standing on this bank, from the depths of which bubbles of
miasmatic gas constantly arise and give forth a stench unendur
able even on the bridge forty or fifty feet above the surface of
the stream. But besides this, the stream itself is checked every
few paces by high weirs, behind which the slime and refuse
accumulate and rot in thick masses. Above the bridge are
tanneries, bone mills and gas works, from which all drains and
THE COURTS V. THE COMMON MAN 129
refuse find their way into the Irk, which receives further the
contents of all the neighbouring sewers and privies.6
Why did desecration such as Toronto’s and Manchester’s
occur? Blame falls in part on the governments that utterly failed
to enforce their own laws, such as the 1834 act requiring Toronto
to provide “good and wholesome water” to its residents. While
that city’s bylaws regarding nuisances, sanitation, and public
health multiplied throughout the nineteenth century, and govern
ment increased its powers to regulate pollution, water quality
deteriorated.7 Laws and regulations aimed at cleaning up air and
improving public sanitation proved similarly ineffective in
Britain.8
While the histories of Toronto’s filthy harbour and Britain’s
squalid rivers illustrate governments’ failure to protect the
environment, they also raise questions about the effectiveness of
common law property rights—then and now—in preventing
pollution. Since riparian law forbade water pollution, why didn't
Torontonians and their British counterparts use their riparian
rights to prevent the contamination of their lakes and rivers?
Why, for that matter, didn’t all pollution victims—at least those
in common law jurisdictions—use their property rights to fight
the environmental destruction wrought by industrialization?
While some of the answers to these questions are certainly found
in both the governments’ and the courts' higher regard for the
abstraction they called the public good, other factors—including
an absence of concern, the difficulties of court challenges, and
people’s ignorance of their rights—further explain the common
law’s failure to protect the environment.
Many nineteenth-century townspeople were indifferent to
water pollution. Children swam in Toronto’s foul harbour.
Almost no one understood the health effects of pollution.
Torontonians blamed cholera, for example, on virtually cvcry-
130 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
thing other than contaminated water. Some thought it originated
from putrid or humid air. Others linked the disease to filthy
houses and habits. Still others blamed intemperance, jailing
drunkards or putting them in stocks in order to stem the spread of
the disease.9
Even those knowingly suffering from pollution often saw it
as an inevitable and acceptable price of progress. Such was
frequently the case in England during the Industrial Revolution,
when many who favoured industrialization were willing to
exchange clean air and water for jobs, consumer goods, and
public services. Smoke and noise meant work for those living
near the belching factories. Industrial workers, under the strict
control of their polluting employers, didn’t dare complain. Other
incentives encouraged those who weren’t employed by polluters
to trade away their common law rights. In some cases, property
values rose in industrial areas. In other cases, manufacturers paid
neighbours not to complain. And where victims were also
polluters, refraining from enforcing their common law rights
could be reciprocated to their benefit.10
The high cost of litigation deterred many from enforcing their
common law property rights. Suing polluters was expensive—so
expensive that legal action was out of the question for almost all
but the wealthy. A select committee examining air pollution in
one region of England in 1862 reported that average workingmen
could simply not afford to bring nuisance actions against pollut
ers.11 Even those who could afford litigation often found it
cheaper to simply move away from the squalor.12
Further complicating legal action was the victim’s obligation
to prove not just that he was injured, but that he was injured by
one particular polluter. With only the unaided human eye to trace
the paths of poisons, British landowners hired runners to follow
the plumes emanating from factories. Manufacturers responded
by raising smokestacks and dispersing fumes.13 Tracing the
THE COURTS V. THE COMMON MAN
131
source of a pollutant in a heavily industrialized area presented
further challenges. The 1862 select committee noted, “[Wjhere
several works are in immediate juxtaposition, the difficulty of
tracing the damage to any one, or of apportioning it among
several, is too great as to be all but insuperable.”14 It was also
difficult to establish a causal connection between a poison and an
injury: how could one prove that emissions from a neighbouring
factory caused one’s illness?
Torontonians no longer throw animal carcasses into their harbour.
British factories don’t blot out the sun with soot. Rivers rarely
catch fire. Yet pollution is likely of greater concern today than in
the nineteenth century. Ironically, despite more affluence and
better education about pollution’s consequences, people are now
less able to fight pollution: they have lost many of the rights that
they so often failed to exercise in the past. Yet, where common
law property rights remain, (hose using them to protect the
environment face fewer impediments. Social and technological
advances have overcome many of the factors preventing indus
trialization’s early victims from asserting their rights.
Several factors, while less severe than a century ago, continue
to impede the enforcement of common law property rights.
Although legal aid has increased the poor’s access to the courts,
litigation remains prohibitively expensive for many. Lawyers’
bills, court costs, witness fees, and the threat of having to pay the
other party’s legal costs in the event of an unsuccessful suit (the
rule in Canada) often deter court actions.15 The exercise of
property rights, as with other rights, continues to be a rich man’s
prerogative, and will remain so until the court system is reformed
to provide equal justice for all.16
Even the best court reforms would leave some litigation
prohibitively expensive. As a general rule, high transaction costs
resulting from unavailable information, costly negotiations or
THE COURTS V. THE COMMON MAN
132 PROPERTY RIGHTS IN THE DEFENCE OF NATURE
other factors reduce the courts’ effectiveness in fighting pollution.
When many people suffer minor, cumulative damages from many
small polluters, no individual has an incentive to sue; each costly
suit would bring inconsequential relief. No one, for example,
could sue every smog-producing driver that passes his home, and
suing one or two would not measurably clear the air. Such cases
call for government regulations that, in reducing emissions from
numerous minor sources, make a major difference in air quality.
Tracing an environmental poison to its source can be
difficult, especially if there is a time lag between the release of
the poison and the appearance of its effects, or if there are
numerous potential sources.17 But technological advances are
rapidly overcoming many barriers to enforcing property rights.
Chemical “fingerprinting” (using methods such as gas chromatog
raphy and mass spectrometry) enables victims to match a
pollutant to a polluter. As the technology becomes both cheaper
and more powerful, law firms, banks and insurance companies arc
increasingly adopting it to prove environmental liability.18
Chemical fingerprinting also allows companies to shield
themselves from liability for pollution not of their making—often
a strong incentive for adopting the technique. In 1993 a geochem
ist used gas chromatography and mass spectrometry to trace oil
in Price William Sound to a 1964 spill, bolstering Exxon’s
contention that the 1989 Exxon Valdez disaster was not responsi
ble for all of the oil fouling the sound.19
Various tagging methods could also enable people to trace
water or air pollutants to their sources. Odorants (such as the
mercaptan now added to natural gas), dyes, or isotopes could
“brand” chemicals. Government agencies and utilities have
demonstrated one such pollution-tracing technique in the
American Southwest, where, after injecting deuterated methane
into smokestacks, they traced sulphur dioxide from an Arizona
power plant to haze in a national park in Utah.20
4-
133
Even if pollutants can be traced, it is often difficult—or
impossible—to prove that they caused particular damages
complained of. But here, too, barriers are beginning to fall.
Molecular fingerprinting, while not as developed as chemical
fingerprinting, shows extraordinary potential for establishing
polluters’ liability for the health effects of their emissions.
Different carcinogens produce unique mutations in one gene:
radon, ultraviolet light, and tobacco tar, for example, leave
recognizable fingerprints. Genetic analysis may therefore soon
make it possible to identify the carcinogen responsible for a
tumour.21
In those instances where proof remains impossible, victims
using the common law may still be able to stop pollution. A civil
case asserting one’s common law rights demands a less rigourous
standard of proof—a 51 per cent likelihood—than does a
statutory prosecution, which requires proof beyond a reasonable
doubt.22
Both court reforms and scientific advances may well, at least
indirectly, help overcome the widespread ignorance of the law
that remains one last impediment to people enforcing their now
limited rights.23 In the 1940s and 1950s, a handful of wellpublicized law suits alerted Ontarians to the nature and extent of
their common law property rights, and to their usefulness in
protecting the environment.
Even lawmakers had been unaware of the power of riparian
rights before people living along the Spanish River won their
1948 lawsuit against the KVP pulp mill. The Ontario CCF’s
conservation-minded William Dennison complained that, when
trying to put a stop to de Havilland’s pollution of Black Creek in
1944, “I did not know about the English law at that time, or I
would have suggested he take the thing to court.” The common
law’s potential was also news to his Liberal colleague, who noted.
“I am interested to know that the only way we can get rid of the
134 PROPERTY RIGHTS IN THE DEFENCE OF ixATURE
pollution is through the court.”24
In the 1950s, court challenges to polluting sewage systems
further increased interest in using property rights to clean up lakes
and rivers. An Ontario Progressive Conservative MPP described
the growing awareness in 1956: “Interest in this problem, I find,
is much greater than ever before. There is a growing realization
on the part of the public that it is a trespass on the rights of their
neighbours and of themselves for untreated effluent to be
discharged from municipal or industrial sewers into a stream or
lake which serves others.”25
New tools will inevitably prompt successful cases against
polluters—cases that will alert others to the attainability ofclean
air, land, and water. Inspired by the possible, they too may well
turn to the courts.
THE COURTS V. THE COMMON MAN 135
Middleton, op. cit., 167-8, 235, 331, 344; and West, Toronto, 10D3.
5.
Mulvany, Toronto, 246.
6. Engels, The Condition of the Working Class in England, cited by
McLaren, “Nuisance Law and the Industrial Revolution,” 323-4. For
more information on nineteenth-century Britain’s environmental blight,
also see Hoskins, The Making of the English Landscape, 167-172; and
Brenner, “Nuisance Law and the Industrial Revolution,” 416-9, 429.
7. Nor did the 1911 Toronto Harbour Commission Act alleviate the
problem. Under the THC’s jurisdiction, the harbour became infamous
for its toxic water and sediments, and was designated an “Area of
Concern,” first by the Great Lakes Water Quality Board and later by the
International Joint Commission.
For information on early environmental regulation in Toronto, see
Armstrong, Toronto, 68, 109, 123; Careless, op. cit., 59, ’145;
op- cit ^ 77; Midd|eton, op. cit., 198; and Mulvany, op. cit..
Notes
1. Francis Collins, editor of the Canadian Freeman, circa 1832, cited
by Glazebrook, The Story of Toronto, 68.
2. For more information on the nineteenth-century pollution of
Toronto’s harbour, see Armstrong, Toronto, 70, and City in the Making,
32, 210-11; Kerr and Spelt, The Changing Face of Toronto, 69, 72-3;
Kluckner, Toronto: The Way It Was, 110, 166-8; Middleton,’
Municipality of Toronto Canada, Volume 1, 198, 331-2, 344, 368’
Reindeau, “Servicing the Modem City,” 161-2; Rust-D’Eye,’
Cabbagetown Remembered, 48; and Toronto Harbour Commission,’
Toronto Harbour, 14.
3.
Globe, March 18, 1882, cited by Careless, Toronto to 1918, 144.
4. For information on the health effects of Toronto’s contaminated
water see Armstrong, Toronto, 65, 123; Careless, op. cit., 51, 71 73Glazebrook, op. cit., 29, 67, 79-80, 175; Kluckner, op. cit., ’168;’
8.
Brenner, op. cit., 425-8.
9.
See references in notes 2 and 4.
10. Brenner, op. cit., 408, 420, 430, 432; and McLaren, op cit 353
357,360.
’’
11. The House of Lords Select Committee on IL,.J
__ Vapours,
Noxious
discussed by Brenner, op. cit., 416-25. Also see McLaren,, op. cit..
346-9, 360.
12. Hoskins, op. cit., 167.
13. McLaren, op. cit., 349-50.
14. Cited by Brenner, op. cit., 425.
15. Even a simple civil claim may be prohibitively expensive. With
136 PROPERTY RIGHTS IN THE DEFENCE OF i^TURE
lawyers’ fees starting at about $1,000 a day (and most lawyers needing
one day to prepare for each day in court) and witness fees in the $2,000
range, a four-day hearing may cost $10,000. A defendant with deep
pockets may call numerous witnesses, prolonging the hearing and
increasing its costs. More complicated legal challenges may be still
more expensive: it may cost a plaintiff over $500,000 to take a
constitutional challenge to the Supreme Court of Canada.
A successful plaintiff will likely recover some of his costs. An
unsuccessful plaintiff, however, will likely have to bear not only his own
costs but also those of his opponent.
For more information on the prohibitive cost of civil suits see Estrin
and Swaigen, Environment on Trial, xix, 7, 51, 67, 120.
McLaren suggests that the increased availability of information and
the emergence of environmental groups (who may provide inexpensive
assistance) should offset some of the costs of making and proving one’s
case in court (“The Common Law Nuisance Actions and the
Environmental Battle,” 509).
16. Allowing lawyers to charge contingency fees would be one way of
increasing the courts’ accessibility.
17. For information about the extent to which barriers to enforcing
one’s property rights., in the courts rertiain, see Dewees, “The
Comparative Efficacy of Tort Law and Regulation for Environmental
Protection,” 11-16. Also see Bardach and Kagan, Going By the Book,
272, 275,281.
18. “Fingering pollution,” The Economist, 91-2; Wall Street Journal,
“CAT Scan May Soon ‘Map’ Air Pollution.”
19. New York Times, “A New Slant on Exxon Valdez Spill.”
20. Anderson and Leal, Free Market Environmentalism, 166. Also see
Smith, “Controlling the Environmental Threat to the Global Liberal
Order,” 11, 21; and Stroup and Shaw, “The Free Market and the
Environment,” 39.
21. New York Times, “Cells May Bear Matk Of Each Cancer Agent.”
THE COURTS V. THE COMMON MAN 137
22. Estrin and Swaigen, op. cit., 52-4.
23. Bardach and Kagan, op. cit., 273.
24. William Dennison and J. D. Baxter, Ontario Legislative Assembly
Debates, March 29, 1949, 1459, 62. Ironically, the debate occasioning
these remarks resulted in amendments to the Lakes and Rivers
Improvement Act—the first step in the extermination of property rights
along the Spanish River described in Chapter 4.
25. William Murdoch, Legislature of Ontario Debates, Official
Report—Daily Edition, February 12, 1957, 286. These remarks, too,
occurred in a debate resulting in the further erosion of Ontarians’
property rights.
Subject
Resource Person/s
Public
Involvement and
Right to
Information in
Environmental
Decision Making
Mr. Leo F.
Saldanha,
Environment Support
Group
4.15 pm to
5.15 pm
Session 4
Social and
Economic Issues
involved in
Environmental
Jurisprudence in
the United States
Ms. Pooja Parikh,
Director - India
Programmes, ELI
5.15 pm to
5.30 pm
7.00 pm to
8.00 pm
Session 5
(Optional)
Discussion
ESG, ELI and KJA
Time
Session
3.15 pm to
4.15 pm
Session 3
Documentary on
Environmental
Issues followed
by informal
discussion
8.00 pm Dinner
DAY 2
9.00 am to Forests and
10.15 am
Wildlife Laws of
Session 6
India and
Protection of
Ecologically
Sensitive Areas A Case Study
Approach
Chairperson/
Moderator
Judge, High
Court of
Karnataka
Judge, High
Court of
Karnataka
Details
- Role of public and affected
communities in environmental
decision making
- Comparative interpretation of
quality of public involvement per
the ELA Notification and process
of multilateral investment agencies
- Right to Information and
implications in environmental
decision making
- Some cases of Environmental
Public Hearings in Karnataka
- General concepts of
Environmental Justice
- Comparative assessment of
Environmental Justice issues
manifestation in US and India
-US experience in tackling
environmental justice problems lessons for Indian judiciary
ESG
Mr. Ashish Kothari,
Technical
Coordinator, National
Biodiversity Strategy
and Action Plan and
Member, Kalpavriksh
10.15 to 10.30 am Coffee/Tea Break
10.30 am
Experience of
Dr. G. D. Agarwal,
to 11.30
Environmental
Former Chairman,
am
Regulation in
Central Pollution
Session 7
India - A Case
Control Board of
Study Approach
India
of Pollution
Control and its
Economics
Judge, High
Court of
Karnataka
-Overview of Wildlife Act, Forest
Conservation Act, National Forest
Policy and India Wildlife Action
Action Plan
- UN Biodiversity Convention and
Indian Biodiversity Bill
- Success of Forest legislations in
Protecting India’s forests, wildlife
and ecologically sensitive areas
- Conservation and Livelihoods
Issues
Judge, High
Court of
Karnataka
-Water and Air Pollution Control
as a developmental discipline
- Solid and Hazardous Waste
Management Issues
-Capacity of Indian Regulatory
Agencies to Monitor and Mitigate
Pollution Events
- Industrial Pollution Control
initiatives: Problems and Prospects
- Role of Judiciary in enforcing
environmental regulation
ESG WORKSHOP ON JUDICIAL ENFORCEMENT OF ENVIRONMENTAL LAW
3 of 5
IN COLLABORATION WITH KARNATAKA JUDICIAL ACADEMY AND ENVIRONMENTAL LAW INSTITUTE
Time
Session
11.30 am
to 12.30
pm
Session 8
12.30 pm
to 1.30 pm
Session 9
Subject
Resource Person/s
Innovative
Interpretation of
Laws Relating to
Municipal
Administration,
Land Use and
Industrial
Location in
enabling
Environmental
Protection
Dr. Subbarayan
Prasanna, Retd.
Professor of Urban
and Regional
Planning, Indian
Institute of
Management Bangalore
Environmental
Health Indicators
as evidence in
Environmental
Justice Delivery
Dr. Shirdi Prasad
Tekur
Community Health
Expert
Judge, High
Court of
Karnataka
- Public Health as an
environmental concern
- Manifestation of adverse health
effects at different levels of
pollution
- Qualitative interpretation of
impact on human health by toxics
release
- Biomedical Waste Management
Rules and issues
Justice M. F.
Saldanha, High
Court of Karnataka
Judge, High
Court of
Karnataka
- Authority of Subordinate
Judiciary under Municipal,
Criminal and Tort Law to address
environmental issues
- Securing high efficiency and
commitment to environmental
protection from regulatory
agencies (Pollution Control
Boards, Environment
Departments, Police, Public
Prosecutors)
- Components of effective and
workable remedies - setting
realistic timetables for compliance,
ensuring adequate oversight
mechanisms, providing
compliance assistance and advise,
alternative remedies short of
closure
- Judiciary’s role in influencing
public opinion for environmental
protection
- Fashioning Effective Judicial
Remedies for environmental
justice issues_________________
1.30 pm to 2.15 pm Lunch
2.15 pm to Authority of
3.15 pm
Subordinate
Session
Judiciary to
10
enforce
Environmental
Law
Chairperson/
Moderator
Judge, High
Court of
Karnataka
Details
-Overview of Nagarpalika and
Panchayat Raj Amendments
-Role of Local Governments in
Environmental Management per
1101 and 12th Schedules of
Constitution
- Municipal Administrative
responsibilities in context of
Ratlam Judgement
- Planned Urbanisation and
Industrialisation guided by Town
and Country Planning Act and
Factories Act
3.15 pm to 3.30 pm Tea
ESG WORKSHOP ON JUDICIAL ENFORCEMENT OF ENVIRONMENTAL LAW
4 of 5
IN COLLABORATION WITH KARNATAKA JUDICIAL ACADEMY AND ENVIRONMENTAL LAW INSTITUTE
Time
Session
3.30 pm to
4.30 pm
Session
11
4.30 pm to
5.00 pm
Session
12
Subject
Resource Person/s
International
Developments in
Environmental
Law
Ms. Karen
Wardinski, US
Department of
Summarisation of
Workshop Themes
and its
implementation in
delivering
environmental
justice
ELI, ESG and KJA
5.00 pm to
5.30 pm
Valedictor
I_____________
VDO pm Dinner
VI.
Justice
Chairperson/
Moderator
Judge
High Court of
Karnataka
Details
- International Voluntary
Standards of Environmental
Compliance
- International Environmental
Treaties and Conventions:
Implications for India
- Fashioning environmental
remedies by US judiciary
- Aarhus convention that deal with
procedural rights of citizens
-ISO 14001___________________
-Brief Reporting on each Session
by Participants
- Evaluation of Programme,
including areas in which further
training is desired
- Discussion on developing
introductory level course in
Judicial Academy for new judges.
President, KJA
Resource Materials
ELI and ESG will produce resource binder containing background readings on each of the topic
areas to be discussed in the workshop. In addition, the binder will contain an outline of each
faculty member’s presentation. A collation of environmental laws of India and important
judgments would also be provided.
ESG WORKSHOP ON JUDICIAL ENFORCEMENT OF ENVIRONMENTAL LAW
5 of 5
IN COLLABORATION WITH KARNATAKA JUDICIAL ACADEMY AND ENVIRONMENTAL LAW INSTITUTE
u s-
JUDICIAL ENFORCEMENT OF ENVIRONMENTAL LAW IN KARNATAKA
Workshop Draft Framework
Organised by Environment Support Group in collaboration with Karnataka Judicial Academy
(Bangalore) and Environmental Law Institute (USA)
I.
Goals/Objectives
The goal of this program is to strengthen the judiciary’s capacity to enforce environmental laws
and regulations. We aim to accomplish this by:
■ Focusing the attention of the judiciary of the critical need for environmental protection and
the importance of the judiciary’s role in enforcing environmental management and planning
regulations.
■ Facilitating in-depth interactive discussions focusing on emerging environmental law and
legal skills needed for effective environmental decision-making.
■ Providing participants with well researched published materials and reference resources to
effectively implement environmental justice initiatives.
■ Encouraging participants to form networks and contacts with environmental research groups
and experts and to share infonnation and advice on environmental law issues in course of
their future work.
IL
Logistics
This two-day program will take place on 3-4 August (Sat-Sun) at the Karnataka Judicial
Academy in Bangalore.
Participants will be staying at accommodations available on-site at the Karnataka Judicial
Academy (KJA) in Bangalore, in single or double occupancy rooms as detennined by the KJA.
III.
Participants
Participants in this program will include 25 judges of the subordinate judiciary in Karnataka, 10
public prosecutors from Karnataka and 5 representatives from NGOs.
Participants will be identified and selected through a consultative process among select judges of
the Karnataka High Court, the KJA, and the Environment Support Group (ESG). Preference will
be given to judicial officers and public prosecutors that routinely are confronted with
environmental law issues in the course of their work.
IV.
Faculty and Moderators
Academics, representatives of environmental law research and campaign groups, and senior
officials of regulatory agencies will serve as faculty members for the program. Select Karnataka
High Court Justices are being requested to serve as moderators and chairpersons for various
sessions in the workshop so that their experiences and expertise may be shared.
ESG WORKSHOP ON JUDICIAL ENFORCEMENT OF ENVIRONMENTAL LAW
1 of 5
IN COLLABORATION WITH KARNATAKA JUDICIAL ACADEMY AND ENVIRONMENTAL LAW INSTITUTE
V.
Proposed Agenda
Subject
Time
Session
DAY1
8.30 to 9.00 am
Registration of Participants
---- n
Keynote
Address
9.00 to
I .
10.30 am
Inaugural
Session
Resource Person/s
Justice N. K. Jain,
Chief Justice of
Karnataka, Chief
Guest and will
deliver keynote
______ address1_________
10.30 am to 10.45 am Coffee/Tea Break ~ ~
Justice V. R.
FromRatlam to
10.45 am
Krishna Iyer, Retd.
Ramakrishna
to 12.30
Judge of Supreme
pm
Court of India
Session 1
Introducing
12.30 pm
Workshop
to 1.00 pm
________ Reading Material
1.00 pm to 2.00 pm Lunch
Overview of
2.00 pm to
Indian
3.00 pm
Environmental
Session 2
Law, Institutional
Structure,
Environmental
Regulation and
Decision Making
Processes______
3.00 pm to 3.15 pm Tea______
Chairperson/
Moderator
Details
High Court
Judge will
preside
Welcome by KJA; Intro’ to
workshop by ESG; ELI to speak
about their broader involvement in
India; Keynote Address by CJK,
Vote of Thanks by KJA
Judge, High
Court of
Karnataka
- Judicial powers in creative
innovation reflecting
environmental justice concerns,
with particular focus on
subordinate judiciary
- Role of judiciary in ensuring high
levels of commitment to
environmental protection by
regulatory agencies
- Framework of judicial
intervention and advancement of
environmental justice objectives
- Supporting Responsible and
Progressive Public Interest
Litigation
-Human Rights and Environmental
Justice in India
Judge High
Court of
Karnataka
-Various Environmental Statutes
- Regulatory Process and Pollution
Control Laws
- Institutional Structure of
Environmental Decision Making
- Common Law/Tort Remedies
- Important Environmental
Notifications for Regulation
ESG/ELI
Mr. Colin
Gonsalves,
Advocate, Supreme
Court of India
________________
ESG WORKSHOP ON JUDICIAL ENFORCEMENT OF ENV1RONM^^^'V
mn
, Aw ,N.-nTr np °f 5
IN COLLABORATION WITH KARNATAKA JUDICIAL ACADEMY AND ENVIRONMENTAL LAW INS IITUTE
- s-’.
IVI
IVL
Right to
information
>T>HIS is a sfoi y foi people who want lo
I Inion Cabinet.
I stop feeling helpless about corruption. It
Back at the village level where lhe hui
JL. is an invitation to let your imagination
Smiwtiis originated, the situation s’eems more
Ir-nel to an obscure .luster (.I ■.illages in
challenging than ever before No one is under
Rajasthan where lhe future of Indian
any illusion that legislation in itselfcan work
Irmo, r icy is being built.
wonders. It is a mere facilitator, i he true test of
<)yci the last live years these villages, in
lhe MKSS’screative imliafives will lie iu
th'-'c districts of Rajasthan, have become
finding ways to acluallv enforce the law al lhe
lamous through a lot al group called Mazdoor
ground level.
Ki' an Shakti Kang.ilhan (MKSS) and its
'I he more critical question is - why has
campaign lor People’:: Right to Information.
there not been a spontaneous proliferation of
The organisation has been working through
/mi Sunwnis everywhere?
the jni’cesj-ol /<m Sunwni. or Public Hearing.
(liven the widespread media coverage for
". here people demand accountability from lhe
lhe '(in Sninvdis. it had been hoped that this
govermnent officials and elected
that
is
insurmountable.
RAJNI
BAK
SI
11
speaks
of
would
happen, some other ncos and
represent al ives.
...................................... A................ d........................ sangathans have organised /an Sunwnis on
lire organisation’s work is rooted in lhe
•
.
,>............... > * r r
i
•
i
j
.,i
various public issues, but there has been no
fundamental com iction that lhe average
an 0/ganisat ion m l\iijasthan which has been involved wit h
popular upsurge. Perhaps, because the pi ocess
person is not inherently dishonest. They
of bringing together a Inn Sitnwai is lough
believe that like \ ioleticc. corruption is an
WO; k.
aberration. "No human b-ing can live in
I o--one thing you need a subshmtial level ol
duplicity all his or her life,” says Aruna Roy. a
awareness to hold an effective /nn Snnwai. The
lei mer I AS officer who has lived in that area
organisers must have a deep commitment Io
for <''.n a decade and is a founder-member of
democratic principles otherwise if could easily
IheMKSf..
degenerate into a kangaroo court. Plus it
The '
'•nnwni has actually shown that
involves an enormous amount of often tedious
there
Iv a few dishonest people in the
work struggling for access to files and then
whole .
.ge. As ('hiinni Singh, another
poring over (he details lo catch lhe
yleading aclivisl ofihc MKSS. says, "most
improprieties.
people are fence-sillers, neither good nor had.
"''■'he biggest problem." suggests Harsh
\\ <■ have (ogive (hem lhe chance lo jump off
Mandcr, "is that people all over India believe
(lie fence on lhe side of good."
that corruption is natural, inevitable and you
Could the process of Inn Sunwnis be a means
are powerless to change it." Aruna Roy
to realise the unfulfilled promises of
suggests that this cynicism about corruption
democracy: II mi. then can such processes be
stems from the fact that, "lhe middle class is
replicated- Whal arc lhe key ingredients in the
it sell intellectually pauperised and so it feels
success (tf lhe group in Rajaslhan?
lhe whole country is the same. Now we must
l-or those not familiar with lliese
look to the working class for ideas, not just
developments, here is a brief history of this
m(<')ilisation."
piocess. Tlu MKSS was founded in I 90(1 in
I his is what the MKSS experience has
villagi s around Bhim. a tiny mai ket town in
changed and lhe resf, many people hope, will
J
Rajsamand district. Initially, this Siinunlhan
follow in lime. 'With the Right to Information
was engaged in a struggle for minimum wages
iss-.a . savs Nikhil De. another founder<-n go’.'rnv’cn! w>rk sitt s Lalei.iii 199 ’..the
|
memeiii tbc MKSS. "we are emerging with
MKSS raised small inle•esl-free loans from tis
•2 an entitlement which is destined to he list'd by
members and w ent into business. Ils several
| many with effectiveness and innor ation quite
Mazdoor Kisan Kirana. grocery stores, an’ a
divorced from anything we (MKSS) have ever
low profit cummimily business enterprise
5.
done'
n Inch provide high quality groceries an.I
So anyone who looks to the MKSS for a list
Demanding accountability Irom the government... A villager speaking at a Public Hearing.
other essentia! domestic goods al '.heap r
ol fi.'ii easy "I low I o?" steps, is bound to be
rates.
disappointed. As Nikhil De adds: "I feel the
Building on lhe enhanced self-confidence
l< access Illes orgovcrninenf works,
ks, they
ot her cminlrics. The national campaign for the challeirge is to divorce it from a "follow lhe
gained fi-'in these experiences, the MKSS
should be entitled to a copy ol any document.
Right to Information has focused itsenergy on
example" paltci n. to one where people are
acflvis(sde< ided lo go lo the heart <1 tlv
Then' should be <i legal provision to punish
involving a wide range ol highly qualified
1 '
‘
• •It is a
shaken
op rather
than awed.
mailer and dcmaml at cmmlabiliiy from
inv ollicial who denies access to inrormalion,
professionals in an intensive exercise to draft
conceptual, practical and concrete issue
government officials and elected
And when cases o| corrupt ion are exposed by
Right lo Information legislation.
simuliatieoiisly. and it has too much positive
represent a! ives. One way of ensuring fins, they
citizens, the administration must act
Harsh Mander. a senior I AS officer who is
polen'ial to get bogged down in either the
realised, is to have access to all records of lot a!
immediatcly to process the ease and prosecute
also a leading activist of this campaign, says
methodology or the history of an organisatioi:
goveri
woi ks. Then siphoning and
like the MKSS.
nraisi
ids would become difficult, if not
However, the (inly great qualities of th?
impossible.
MKSS are indeed worth emulating and these
So late in 199 1 activists '-I I he MKSS went
aie no: obvious on superficial observation. At
door to door in lb'-' illages of Kot Kirana
the core of lhe organisation's efibrt is the
pniichayat, urging people lo come loa jan
the guilty.
that such a law would have to "securefor
power of good intent and a certain quality of
Suuwiii. They also somehow managed to gel
The actual realisation olThis demand has
every r ilizeti the enforceable right Io question,
human relations, bonds ol afi'et ticn. which
bold ol a ft w documcnls from lhe pancimval
dramatic implications. Asooe Sarpam h told
examine, audit review and assess government
goes
deeper than any specific "cause." This in
ollii e, \\ hen details from (he documcnls were
a. livistsol lhe MkSS with simple boldness: “it
acts and decisions, to ensure that these are
turn nurtures tiieconviction that the means
readout there was an upi oar among lhe
we don't make (i.e. siphon) money from lor al
consistent with the principles of public
must be as noble as the end objective.
gathered ci owtl. Various kinds of irregularities
projects how will we meet our election
interest, probity and justice."
Above all. (he MKSS experience teaches us
were olwious lhe muster role of one famine
expenses'" Well, the absence of corruption
The right Io information is clearly an issue
about striking a balance between a purely
relief work site showed names of people who
money would finally give those at lhe lowest
that has arrived. (loa and Tamil Nadu have
adversarial rule and cooperation. There is a
never w'orked e\en a day ihcrc. I he /an Sunwni
end ol the economic scale, a chance in the
enacted right to information legislation over
time amt need for dogged protest - with its
.■Iso uncut cred major siphoning of funds by
electoral fray. This is why the Right to
the last two years. The Madhya Pradesh
slogans, ilharnns. hunger-strikes and nunvhaa.
local ollit'ials.
Information is being seen as the key to
government has instituted several practices to
But
in order lo be fully beneficial, these
In lhe Iasi th .tears lhe MKSS has held
strengthening democracy at the very roots of
ensure easier access to information. Earlier
methods must be rooted in a willingness to
many Inn ’''unwnis in iis area and engaged in a
society.
this
year
lhe
Congress
government
in
„ . • .
, •;
,.............
dialogue and build bridges that lead to effecth
t igurousand loilnoiis tussle with the
The success of the MKSS has led (o a
Rajasthan made the MKSS the nodal agency in
solutions.
.;>>> ei mnenl ol Rajaslhan. Their main demanti^ . national campaign for lhe Right to
dt alting a bill lor the right to information.
This on going endeavour to strike a balahc
sihi'l ordinary cilizens must not only beab: * r Information and ris- now nllntcling .itieiifion
............... in
I here is also a di alt bill pending before the
is lhe crux o' the MKSS screative que- i »
Contrat ji to w/iat inanji beiievc. corruption is not sonietluncj
making the government accountable for its activities.
Its contention is that people have the right to information and
that government files ought to be accessible to the people.
J-
•
I..........
>■ 1
.A
•k
Creative
k’ij1
QUEST
A I'U.
^2.
Rfcc .
'p>V>5
.
I RIGHT TO INFORMATION
Access denied
The Freedom of Information Bill that has been introduced in
Parliament represents a dilution of even the very moderate
standards of disclosure that were required under the initial draft.
SUKUMAR MURALIDHARAN
“To provide for freedom to every citizen
to secure access to information under the
TUDICIAL intervention in India has control of public authorities, consistent
I ensured that the right to know is recog- with public interest in order to promote
nised as an essential component of the openness, transparency, and accountabilrange of freedoms guaranteed under ity in administration and in relation to
A' ’ ’e 19 of the Constitution. The right matters connected therewith or incideno.
e speech and expression would not tai thereto.”
The initial chapters in the Bill deal
achieve its full scope and range when the
citizen does not have the right to know with definitions and rules of procedure,
and be informed. Nor would the right to Citizens seeking information on any mat
life and livelihood be quite a functional ter permitted under the law could
principle without the citizen being at lib approach specially designated officials
erty to obtain access to information that with their requests either “in writing or
may have a bearing on the sustenance of through electronic means”. The draft Bill
that was circulated among various depart
life, the Supreme Court has held.
These broad enunciations of princi- ments for close to a year, allowed for
pie constitute a basis for public action, for requests to be made only iin writing. The
direct interventions by citizens’ groups recognition of the validity of requests
seeking information on matters of pub made “through electronic means” is in
lic concern. Efforts to enforce a measure line with this government’s rather over
ofaccountability and transparency on the stated posture that it sees national salvaagencies of the state have, however, been tion in Information Technology (IT),
hamstrung by the absence ofa formal law But apart from that, the Bill that has been
introduced in Parliament represents a
on freedom of information.
Among the States, Goa, Tamil Nadu dilution of even the very moderate stan
and Rajasthan have, since 1997, enacted dards of disclosure that were required
laws ensuring public access to informa- under the initial draft.
t
although
The efficacy of the proposed law can
although with
with various
various restraints
restraints and
and
exvuiptions. Pressure had been building be judged by the number of exemptions
up on the Central government to set the it grants from public disclosure of inforexample by making freedom of informa- mation. The Press Council’s proposal
tion a generally applicable principle, had limited the number of such exempVarious drafts were submitted for con tions to certain well-defined cases where
sideration by empowered bodies such as public safety and order, national security
and sovereignty, ongo
the Press Council of
The efficacy
ing criminal investiga
India and by indepen
tions, the individual’s
dent citizens’ groups.
of the proposed
right to privacy, and
But the Freedom of
law can be
commercial informa
Bill,
Information
judged by
tion protected by law
has
finally
which
were
involved. The ini
Parliament,
reached
the number of
tial draft that was wide
disappointed
has
exemptions
ly circulated within
almost all those who
it grants from
governmental depart
campaigned for its
ments embellished and
introduction.
public disclosure
tightened all these
The preambular
of information.
while
exemptions
declaration sets out a
adding several more.
fairly ambitious set of
The Bill that is now in
objectives for the Bill:
74
ANU RAMA KATAKAM
in Bangalore
fAN August 17, the S.M. Krishna
Cabinet decided on the promul
gation of the Karnataka Information
Ordinance. With this, Karnataka has
become the fourth State to initiate such
legislation. Tamil Nadu and Goa passed
their own Bills on the right to informa
tion in 1997. In Rajasthan, the Bill is
waiting for Cabinet approval.
The ordinance will have wide ram
ifications ensuring transparency and
accountability in government function
ing. The legislation will make access to
information on policy decisions a fun
damental right.
Karnataka’s Bill on the right to infor
mation, the Karnataka Right to
Information Bill, 2000, was drafted in
January. Chief Minister S.M. Krishna
stated in his Budget speech in March that
it would soon be brought before the
Cabinet for approval. During the next
six months several meetings were held to
debate its provisions and related issues.
Non-governmental
organisations
(NG Os) and groups of lawyers and
social activists campaigned to ensure an
early passage of the Bill. In mid-July,
Krishna announced that the Bill would
be tabled in the legislature during its next
session. State Minister for Information
and
Publicity
Professor
B.K.
Chandrasekhar is confident that the leg
islature will ratify the Bill by October.
Under the provisions of the Bill,
government officials will have to com
ply with written requests for informa
tion within 15 days. If the competent
authority does not have the informa
tion that is sought, the application
should be sent within 48 hours to a
superior officer who will be able to pro
vide the information. If an application
is rejected, the reason should be stated.
A fine of Rs.2,000 will be imposed on
any authority for refusing to disclose
information or for providing false,
inaccurate or misleading material. In
addition, disciplinary action can be ini
tiated against the official.
The 10-page document would at
first glance appear to meet most of the
requirements for such a legislation. A
closer study, however, reveals that clever
wording and definitions and exemptions
to several key sections make it a less-thaneffective measure. Critics of the Bill say
that it falls short of expectations, lacks
FRONTLINE, SEPTEMBER 29, 2000
I THE ENGLISH LANGUAGE
Old Guard vs New Guard
WILLIAM SAFIRE
I
Meurt, the French for “dies.” Gen.
Anthony McAuliffe of the United States,
rejecting surrender at Bastogne in the
T ET others argue the case for the old Second World War Battle of the Bulge, is
l^tguard” Al Gore said in his Los also suspected of having used a more
Angeles acceptance speech. “We’re the forceful expression than his recorded
new guard” In Michigan two days earli “Nuts!” But I digress.
er, the Vice-President scorned “the failed
Even if Cambronne did say, “The
ways of the old guard", and one night Guard dies,” etc., whence comes the old
before, his choice for Vice-President, Guard? Evidently this was the familiar
Joseph Lieberman, asked the Democratic name of the Imperial Guard of Napoleon
convention, “Are we going to elect the old I, cited in an 1809 message to the emperguard that created the problems or a new or as La Vieille Garde and repeated by him
guard that will continue to work solving in his final adieu in 1814: “Soldiers of my
them?”
Old Guard. 1 bid you farewell.”
From this we can safely assume that
The phrase was not extended beyond
Democrats have formulated a rhetorical the specific Napoleonic troops until
strategy to get around the In party’s tra applied to “grim sea grenadiers” by the
ditional “time for a change” problem. American novelist Herman Melville, in
“My goodness,” exclaimed the CNN ana White Jacket in 1850, who called them
lyst William Schneider as the slogan was “hearty old members of the Old Guard.”
repeated, “they’ve been in for eight years The phrase continued to have an affec
- how can they be the new guard”
tionate, loyal-veteran connotation until
As the old song goes, wishing will 1880, when supporters of a third term for
make it so. The daring idea is to take the President Ulysses S. Grant wore medal
“new” out of newcomer and the “in” out lions proclaiming “Old Guard" on them;
of incumbent. How? By hanging the old Democrats reacted by using the phrase as
guard label on the challengers, those who a description of Republican reactionaries.
have been the Ins for the past two terms
That is the current sense. Aware of
cast themselves as the contrasting new this, a conservative Republican group in
guard. No such audacious reversal has been the 1970s, the Young Americans for
suggested since Adlai Stevenson counteredI Freedom, named its publication The New
the charges of a “mess in
i Washington” by Guard. But in political terminology, anysaying that the GOP slogan in 1952 should thing can be freely swiped. In this case,
be “Throw the rascals in.”
that is what the creative Gore wordAs the fair-minded reader will note, slingers seeking to keep the Democrats in
the scholarly function of this linguistic office have done in their coordinated
column during a presidential campaign is effort to derogate the freshness ofthe Bush
to examine, with scrupulous nonparti challenge.
sanship, the roots of its catch phrases.
“The Guard dies, but never surren
A FTER the Democratic presidential
ders” (JLa Garde Meurt, mats ne se rend .lYnominee posed the choice in the elec
pas”) was supposed to have been said by tion as being between “the people” and
Count Cambronne on June 18, 1815, “the powerful,” he was chastised by GOP
rejecting the Duke ofWellington’s call for leaders as advocating class warfare.
Napoleon’s surrender after the Battle of
“Al Gore launched out talking about
Waterloo. He did not say “the oZyGuard”; populism,” charged Karl Rove, Gov.
indeed, Cambronne wentto his grave George W. Bush’s chief campaign stratedenying that he ever said anything of the gist, “about class warfare”. The next day,
sort, which was one of the last times any on the stump, the GOP standard-bearer
body denied making a historic utterance. himself denounced his opponent as “a
(I erred recently in attributing the wrong candidate who> wants to wage class wargender to La Garde. J’en suis desole.)
fare to get ahead”. Unfortunately, much
Others suggested that the count had of the sting in the charge was lost because
said, simply and forcefully, Merde\ - an Bush was seen and heard on television
expletive of excrement, which sounds like pronouncing the phrase as “class war
FRONTLINE, SEPTEMBER 29, 2000
fore”, inviting derision.
Who coined the phrase? The Oxford
English Dictionary spotted a heading of
class warfare in George Bernard Shaw’s
“Fabian Tract 41 ”, written in 1892; it was
not picked up until 1927, when Aldous
Huxley, in an essay in “Proper Studies”,
wrote about “those who would interpret
all social phenomena in terms ofclass warfare.
However, a useful new database — the
Making of America, a joint project of
Cornell and the University of Michip-’ n permits detailed examination of
century American texts. Assiduous
research by Kathleen Miller, my departing
ing research
research assistant,
assistant, reveals
reveals aa use
use of the
phrase in London’s August 17, 1867,
Spectator. The editorialist urged “some
grand effort to settle the Irish question”
and put forward a conservative idea about
land reform, noting that there was “no
confiscation in this plan, no plea for rais
ing that cry, no summons to class warfare. ”
From that day to this, the charge of
instigating class warfare has been used as
an antidote to populist ideas.
After Al Gore denounced the old
guard and other powerful interests, the
relatively moderate Joe Lieberman was
asked if the Democratic proposals would
cause him to take a populist line,
“Political rallies tend not to fie places for
extremely thoughtful argument,” he told
The Wall Street Journal. Rather, he ’ d
that the Gore policy proposals
e
“quite moderate” and added, “You have
some rhetorical flourishes.”
That reminded political-history buffs
of Wendell Willkie, GOP nominee in
1940 against FDR, who warned in the
campaign that “if the present adminis
tration is restored to power for a third
term, our democratic system will not last
another four years.” After his defeat,
Willkie undertook a diplomatic mission
for President Roosevelt and was asked
how he could square his cooperation with
his earlier charges. In testifying before
Congress in a way that infuriated
Republicans, Willkie grinned and let the
cat out of the political bag: “It was just a
bit of campaign oratory.”
Today, that’s called “rhetorical flour
ishes”.
New York Times Service
73
A Karnataka Bill and an ordinance
strength and is riddled with loopholes that
would protect erring officials.
Institutions excluded from the
purview of the Bill are: offices of the
Union government and establishments of
the armed forces, including paramilitary
forces, and organisations owned or con
trolled by the Centre; the High Court and
other institutions that enjoy the status of
courts; and the Governor’s Secretariat.
The Bill stipulates that subject to con
ditions, information on the State admin
istration and local authorities, including
companies, corporations, trusts, societies,
cooperative
institutions,
statutory
'””’hority and organisations funded,
led or controlled by the State govern
ment can be accessed. It does not allow
for the disclosure of information that
would affect the sovereignty and integri
ty of the nation and the security of the
State, or is of strategic, scientific or eco
nomic interest to the nation.
The Bill makes it mandatory for pub
lic authorities to disclose all relevant facts
concerning important decisions and poli
cies that affect the public. The officials are
also required to publish or communicate
to the public and persons affected or like
ly
to
be
affected
by
a
project/scheme/activity before it is sanc
tioned. Every public authority has to
maintain records, which should be cata
logued, indexed and published periodi
cally. Apart from maintaining the
minutes of meetings and the decisions
taken, the records should include details
he organisation, duties of officers and
. xelevant facts pertaining to policies that
affect citizens. A citizen has the right to
obtain certified copies of the records,
diskettes, floppies, microfilm and images.
Justice H.G. Balakrishna, who is
actively involved in the campaign for the
Bill, says: “The present draft has no teeth
and is as good as nothing.” For instance,
while it provides for disciplinary action
against an official withholding data, it
also states that officials acting in “good
faith” cannot be prosecuted. Or, where
there is a maximum penalty of Rs.2,000
for defying the law, there is no mention
of a minimum penalty.
Balakrishna told Frontline that by not
including the Governor’s Secretariat
under its provisions, the Bill defies the
very purpose ofthe Krishna government’s
policy of “openness”. It should be able to
FRONTLINE, SEPTEMBER 29, 2000
shake up the bureaucracy, and “we should organisations. It even suggested subject
have some knowledge of how appoint ing private organisations and NGOs to
ments are made” by the Governor’s the provisions of the law.
Secretariat, he said. Vice-Chancellors of
One specific point raised by the CHRI
State universities are appointed by the is the right to inspect records. The Bill
Governor.
allows citizens to access documents, but
On the provision that states that die CHRI report says that most often “it
record relating to Cabinet deliberations, is not possible to ascertain which particu
including the papers of Ministers, lar record, document or piece of informa
Secretaries and other officers, shall not be tion is to be applied for.” With regard to
accessible, Balakrishna says, “We are in a publication of policy decisions, it says the
participative and consul
term “publish” should
§ mean making public
tative democracy; there is ,
no point in giving infor- i
f announcements in newsmation once a decision is
g papers and broadcasts, and
not just in government
1
taken.” The Bill, however,
specifies that government
I
gazettes, which are inacces
orders carrying Cabinet ' I
sible.
decisions shall be made M
The report says that
available along with the S
the Bill leaves too much to
reasons for taking the B
the discretion of the public
V
■,
decisions. “How do we ,
authority. It does not give
the
information-seeker
know those documents ,
are not doctored?” he asks. K
many options and ruins
Reserving his most Ia
the purpose of challenging
them. The CHRI feels that
scathing attack for the sec- Karnataka Minister for
the procedure for the sup
tion that states that no Information and Publicity
ply of information has not
legal proceedings can be B.K. Chandrasekhar.
been made clear sufficient
taken against the State
government or the public authority or any ly: no provisions are made for oral or
person “... for anything done in good faith urgent requests and no time-limit is spec
or intended to be done,” Balakrishna says ified for the refusal of a request. Like
that this particular clause is extremely Balakrishna, the CHRI also believes that
“mischievous”. “All rights given to citi public officials will be protected by the
clause that gives them immunity if they
zens are nullified by this one clause.”
The Bill states that all appeals should refuse to divulge information in good
be made to the Karnataka Appellate faith. This provision should not be mis
Tribunal. According to Balakrishna, used, the report warns.
In spite of the flaws, the general con
appeals should be made to the High
Court as a quasi-judicial body cannot be sensus is that it is better to have the Bill
expected to be effective. He also com than none at all. Professor V.C.
plained that the authorities or represen Vivekanandan of the National Law
tative to these sections organisations in School of India University says that the
the field were not consulted before the Bill Bill is a good beginning: “Within this
was drafted. Chandrasekhar dismissed framework we can demand for much
this charge, saying that there was adequate more.” The authority need not disclose
representation on the committee that for financial details, but the Bill should make
it mandatory to share information per
mulated the document.
The Commonwealth
Human taining to environmental hazards and
Rights Initiative (CHRI), which spear safety issues that directly affect the peo
headed a national campaign to pass the ple, he said. Having accepted the philos
Freedom of Information Bill, has been ophy of right to information, the
following the status of the drafts at the government should provide a model Bill
State level as well. It published a report and not a poor version of the ones
recommending some changes in the Bill obtained in other States, he said.
Clearly, it is important for the citizens
in order to make it serve a larger purpose.
The report did not find any reason to to be empowered with this essential right.
exclude offices of all courts and judicial
75
To have taken these
Parliament extends the
A law on
range of exemptions
matters out of the
public access,
still further.
domain of the right to
campaigners say,
In the initial drafts,
know would have done
“Cabinet
papers
serious damage to the
should institute
including records relat
law at the moment ofits
both a credible
ing to the deliberations
birth.
process of appeal
of the Committee of
A law on public
Secretaries”
were
access,
campaigners
and penalties
immune from public
say, should institute
for denial of
disclosure. This attract
both a credible process
information. But
ed a great deal of criti
of appeal and penalties
for denial of informa
cism. There were a
the Bill is either
number of complaints
tion. But the Bill is
silent or totally
over the exemption of
either silent or totally
inadequate in both inadequate in both
Cabinet papers from
the scope ofthe law. But
these respects, The
these respects.
these reservations were
jurisdiction of the
suppressed,
since
courts has been ruled
Cabinet deliberations
out since appeals can
are generally exempt from disclosure in only go up further through the govern
the right to information legislation. mental hierarchy. This confines the
However, there was no obvious rationale appeals process to the executive branch of
for extending this restraint to delibera the state, which is likely to be the princi
tions of the Committee of Secretaries, pal respondent in all cases involving the
since this is no more than an arrangement right to information. And public infor
of administrative convenience without mation officers - the specially designated
any statutory status.
officials who would deal with requests
The Bill, far from curtailing the scope from the public - are totally unencum
of these exemptions, actually extends it. bered by the prospect of any penalty for
One of the restraints introduced by the wilful denial of access.
Bill pertains to “Cabinet papers includ
Judicial review is, of course, accept
ing records of the deliberations of the ed as part of the basic structure of the
Council of Ministers, Secretaries and Constitution, which makes the effort to
other officers”. In effect, this means that insulate the right to information from
the conduct of all officers of the state the jurisdiction of the courts a non
would be immune to any form of public starter. Citizens would always be at lib
scrutiny.
erty to invoke the writ jurisdiction of
Another restraint that has been the High Courts and the Supreme
inscribed into the Bill relates to the “legal Court to deal with cases involving this
advice, opinion or recommendations right.
made by an officer of a public authority
In the text of the Bill as it exists, this
during the decision making process prior is perhaps the only silver lining. Some of
to the executive decision or policy for the exemptions granted are broadly con
mulation”. As campaigners for the right gruent with the safeguards that have been
to information point out, scrutiny of the inscribed into the Constitution on the
decision-making process is essential to application of Article 19. On the exemp
ensure full accountability. And while tion granted on grounds of “public safe
secrecy and confidentiality - to the degree ty and order”, the Supreme Court ruled
required - are protected by other clauses, in 1975 that “there are few matters of
this particular provision confers too far- public interest that cannot be safely dis
reaching an immunity on officials.
cussed in public”. This provides cam
One respect in which the Bill marks paigners with the hope that even if the
a definitive advance over initial drafts is Bill is enacted in its present form, the
in doing away with the exemption on scope of the right to know could be pro
information connected to “the manage gressively expanded through judicial
ment of personnel of public authorities”. review. It would be a long and arduous
Recruitment to public agencies, it has process, but few viable alternatives seem
been said, is a procedure riddled with cor to exist since the bureaucracy, irrespec
ruption and nepotism. There are issues of tive of the stripe of the political party in
equity and fairness involved in ensuring office, has developed a powerful vested
adequate representation for various sec interest in concealment rather than dis
tions in the exercise of executive power. closure.
76
SUNNY SEBASTIAN
in Jaipur
A RUNA ROY, the frail woman who
.Zkenabled the working class in rural
Rajasthan to realise its strengths and
fight for justice, has won the Ramon
Magsaysay Award for Community
Leadership. It was in central Rajasthan
villages that she learnt about “commit
ment to justice and equality” and col
lective thinking. Her determination and
compassion brought her closer to rural
women, mainly Dalits. She admits in her
autobiographical piece “Redefining
Gurus” {The Hindu, May 28,2000) that
it was from them that she learnt the rudi
ments of mobilisation.
Aruna Roy joined the Indian
Administrative Service (IAS) in 1961
the Union Territory cadre. Having
realised that “urban India needed to
learn from villages as much or more
than it needed to give”, she left the IAS
in 1974-75 in order to work among
rural communities.
Aruna has always been shy ofawards
and praise, especially when they came
to her as an individual and not to the
activists’ group, the Mazdoor Kisan
Shakti Sangathan, to which she belongs.
She tried to transfer the Magsaysay hon
our to the Sanghatan (as she did in the
case of other awards that came her way
in the past), but the award has been
given especially for her work since 1974.
She took her co-worker Chunni Singh
along with her to Manila to receive the
award, as she considers the honour a
recognition of the collective actia’* '^
the “so-called ordinary” people^
him. Aruna Roy has pledged
$50,000 prize money to a trust, which
would fight for the right causes of peo
ple. She has also announced her deci
sion not to be a member of the trust.
Aruna Roy’s quarter century ofspir
ited public action started with the vil
lage reconstruction experiment at the
Social Work and Research Centre
(SWRC) in Tilonia in Ajmer district of
Rajasthan, which was set up by her social
worker husband Sanjit Roy, better
known as Bunker Roy, in 1972. In its
winding course, she launched several
campaigns - the movement for women’s
rights in the wake of the Deorala Sati
incident and the one for minimum
wages, the fight against land owners, and
more recently, the grassroot level but
deceptively elitist-sounding campaign
FRONTLINE, SEPTEMBER 29, 2000
Page 1 of 9
CHC
From:
To:
Cc:
Sent:
Attach:
Subject:
"Vandana Prasad" <chaukhat@yahoo.com>
"pha" <pha-ncc@.yahoogroups.com>
"N. B. Saroiini" <sama_womenshealth@vsnl.net>: <ankureducation@vsnl.net>: "mobilecreches"
<mobilecreches1@vsnl.net>
Monday. September 27. 2004 9:45 AM
Workshops list and note02ril.doc
_ ha
[pha-ncc] Fwd: NCPRI Convention
C 37
dear friends,
please note that jsa has been invited to coordinate
the right to health and rt to info workshop on the 9th
afternoon
please let me know if any of you arc coming and
interested in participating
the northern region public hearing went well and wo
will formally’ report soon
warm regards
vandana prasad
jsa sect
i-'-A
f
b
on '7
—P n
rv
— shekhar singh <shckharsingh@vsn1 CQTn> wrote:
> Date: Sun. 26 Sep 2004 13:29:28 -1-0530
> From: shekhar singh <shckharsingh@vsn1.com>
> To: chaukhatffiyahoo.com
>
,Htnkssrajasthan@yahoo corn”1
> <mkssrajasthan@yahoo com>
> Subject- NCPRI Convention
> Dear Friends,
—i
9/28/04
Page 2 of 9
-
y
> You might already have received an invitation for
> the 4gccond National
> Convention on the People’s Right to Information, to
> fie held in New
> Delhi, from October 8-10. 2004 Tn ease you have not
> yet received it, it
> is pasted below
>
> At the convention, we propose to have a series of
> workshops during the
> afternoon of 9 October and the forenoon of 10
> October. Around twenty
> workshops will run concurrently on the 9th afternoon
> and another twenty
> on 10th morning
> On behalf of the organising and programme committees
> of the convention,
> we have great pleasure in inviting you to organise a
> workshop on any one
> of these two days, on the topic indicated against
> your name in the
> attached list We would look forward to receiving
> your acceptance as
> soon as possible and not later than 30 September
> 2004 You may kindly
> also indicate whether you would prefer your session
> to be scheduled on
on the 10th
> the gthjbctwccn 2 15 and 4.41 1111
> (between 10 15 am > 12.45 pm). The programme committee would fry and
> accommodate your
> preference as best as possible and allocate a room
> workshops will be held in the class rooms in and
> around the Arts
> Faculty, t Tniversity of Delhi
> As the convention is not being funded and each
> participant is paying for
> himself or herself, we do not have any funds
> available specifically for
> organising the workshops The convention organisers
> would make available
9/28/04
Page 3 of 9
> for vour use a room, along with the required chairs.
> In case you propose
> to organise the workshop from among those who arc
> attending
the
it
'
’
> convention, then perhaps no extra expenditure would
> be needed However,
> in case you want to invite participants and resource
> persons other than
> those already’ attending the convention, and if their
> expenses have to be
> met then you arc free to raise these funds on your
> own.
> We look forward to your participation in this event.
> Attached is a list
> of the proposed workshops and a small note outlining
> the suggested
> objectives and methodology of these workshops
> Kindly acknowledge receipt.
>
> With regards,
> Yours sincerely,
> Suman Sahai
> Shekhar Singh
> For the Programme Committee
9/28/04
Page 4 of 9
> National Campaign for People’s Right to Information
>Datc: 15/09/2004
> Dear friends,
> Greetings from the National Campaign for the
> People’s Right to
> Information! We arc writing to invite you to the
> Second National
> Convention on the People’s Right to Information, to
> be held in New
> Delhi, from October 8-10, 2004
> As you know the right to information is a
> fundamental right guaranteed
> under our Constitution This is an all-important
> riffht for realising all
> other fundamental rights. The demand for strong and
> effective right to
> information legislation has been growing as arc a
> variety of citizens’
> efforts to use right to information provisions to
> make transparency and
> accountability’ in governance more meaningful for
> ordinary citizens This
> is, in several ways, the first step towards
> entrenching a more
> participatory democracy
> As a result of broad-based campaigns, 9 states have
> passed right to
> information laws to operationalise the people’s
> right to information In
> addition, there arc several executive orders at the
> State and the
> National level, which give citizens the right to
> access information from
> specific departments Tn 2002, Parliament passed the
> Freedom of
9/28/04
Page 5 of 9
> Information Act which has not come into force yet.
> However, most
> citizens’ groups have basic objections to the
> provisions of this law and
> many of the state laws, and there has been an
> ongoing campaign for
> better legislation Tn addition to improved
> legislation, there remains
> the need for ensuring better implementation of
> existing laws on right to
> information While right to information has shown
> great potential for
> citizens’ empowerment, it has also become clear that
> without sustained
> camnaionino and pressure from citizens’ orouns its
> ftill potential will
> not be realised
> It is with this aim of fostering collective action
> that a group of
> concerned peoples, organisations, campaigns, human
> rights and other
> social activists, journalists, lawyers, academics
> and other development
> organisations came together, in 1997, to launch the
> National Campaign
> for People’s Right to Information (NCPRT) Following
> this, the First
> National Convention on the Right to Information was
> held in Rcawar in
> April 2002 The Second National Convention is being
> organised in New
> Delhi at a time when an increasingly larger number
> of people arc using
> their right to information and greater opportunities
> exist for ensuring
> that a strong national law is brought into effect
> The Second National Convention will commence on
> October 8, 2004 (Friday)
> with a National Public Hearing on the issue of the
> Public Distribution
> System (PDS) The PDS has been chosen because of its
> current relevance
> at the national level, the extensive use by
> citizens’ groups of right to
9/28/04
Page 6 of 9
> information law to access records related to the PDS
> and the need for
> active citizens’ participation for framing an
> effective Public
> Distribution System
> The second and third day (Oct 9-10) will comprise
> of 2-3 plenary
> sessions where issues of common interest will be
> discussed There will
> be other sessions where simultaneous workshops will
> be organised on the
> relationship between right to information and
> citizens’ entitlements in
> various spheres It is hoped that these workshops
> will result in a more
> practical and sharper understanding of the use of
> right to information
> by citizens
> Through this National Convention, the NCPRT hopes to
> involve more
> individuals and citizens’ groups in the Campaign and
> collectively chart
> its future.
> The NCPRT is raising funds in order to enable larger
> participation of
> interested people from all over the country A
> nominal registration fee
> of Rs 100/- per participant will he charged which
> will include basic
> accommodation (from October 8th-10th) and
> subsidized food (from Rth
> night - 10th night) Arrangements will be made for
> the sale of
> reasonably priced lunch packets at the Public
> Hearing Participants will
> have to bear their own travel costs to Delhi and
> from the railway/bus
> station to the venue
> ■ Delhi University (DU) Campus is the venue for the
> National Public
9/28/04
Page 7 of 9
> Hearing on PDS and the National Convention
> ■ Your accommodation has been arranged at Harijan
> Sewak Sangh (Gandhi
> Ashram) situated at Kingsway Camp, (10 minutes
> walking distance from DU
> Campus)
> We would appreciate an early response from you with
> an indication of the
> number of participants who will be accompanying you
> Your response will
> help us plan the workshops and organise the
> logistics for the
> Convention. While participants will be free to
> attend any workshop of
> their choice, it is possible that you might be
> contacted by the workshop
> organisers independently
> For further information you may please contact any
I
ui
lulhiWUH; -
> Arvind (20033988), Ms Vishaish (9818345439), Ms.
> Sowmya (9818505853),
> Ms Anjali (9811558533), Nikhil/Salim (9810884111)
> or Venkatesh
> (9871050555) or email to ncnri2004@yahoo.co.in
> You may’ also send confinnation of your participation
> by post to > NCPRT, c/o C-18 A, Munirka, New Delhi-110 067
> Tf you wish to send monetary contributions to meet
> the expenses of the
> Convention please issue a cheque or draft drawn in
> favour of ’National
> Campaign for People’s Right to Information’ and post
> it to the above
9/28/04
Page 8 of 9
> address
> We request you to circulate this invitation within
> your networks
> With Regards,
> Yours sincerely,
> NCPRT Working Group: Shekhar Singh, Aruna Roy, Ajit
> Bhattacbaijea,
> Prabhash Joshi, Maja Daniwala, Dr Suman Sahai,
> Harsh Mander, Bharat
> Dogra, Nikhil Dey, Arvind Kejriwal, Prakash
> Kardaley, Shailcsh Gandhi,
> Vijay Pratap and Prashant Bhushan (Convenor)
ATTACHMENT nart 7
CatiAD/^fiSKW??
list and notcO? doc
> ATT ACHMENT part 3 application/msword namc=Workshop
invite doc
> begin :vcard
> fh:Shckhar Singh
> n :Singh; Shekhar
> adr:;;C 17A Munirka:Ncw Delhi;; 110 067;Tndia
> email zintemet:shckharsingh@vsn1. com
> td;work: 191 (0)11 26178048
> tc1;fax: 191 (0)11 26178048
> x-mozilla-html :F AT aSE
> version :2.1
> end-ward
9/28/04
Page 9 of 9
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36.! Vani-Saheli, Delhi
[ And Kalpana Kannabii an| Asmita, Hyderabad
37,1 Vidhan: Green Peace
38. j Vijay
! Gendered Spaces, Rights and
| RTI
10 Oct
I
I RTI And Industrial Pollution
j R.TI and Criminal Justice
9 Oct
—i--------------------
| System________________
39. | Vijay (contact)
! RTI And Bhopal
Confirmed
9 Oct
Confirmed
9 Oct
Objective
The objective of the workshop is to share experiences and explore possibilities of using the richt to
information in each of the listed areas. In some cases, there might not be much experience, however
the workshop can be an opportunity for exploring the methods by which the use of the right to
information can make government and other agencies and institutions more answerable to the public
in each of these areas. Recommendations can also be formulated on how to strengthen the RTI
movement and make it a more effective means for achieving progressive social objectives. The focus,
in all cases, must be on the use of the right to information.
We would be grateful if, among other things, participants of each of the workshops attempted to
answer at least the following questions:
1. What are the major problems people face in the specific area of discussion?
2. Which of these problems can be partly or wholly solved by access to information?
3. What types of information need to be accessed for this purpose?
4. Where is this information kept/stored?
5. What is its status in terms of it being accessible to the public?
6. What are the means available to the public, if any, to access this information?
7. How can this information be made easily understandable by the public?
8. In what ways can the public use this information to seek greater accountability?
Based on the answers to these and other questions discussed in the various workshops, we hope to
prepare a consolidated report for wide circulation. Such a report would also facilitate the use of the
existing and hopefully soon to be enacted laws on the right to information.
Method
The organisers of the workshop are free to choose any structure they think appropriate, including
formal or informal presentations. Each workshop will be for a maximum of two and a half hours and
the each workshop room would be able to accommodate between 30-50 people at a time.
It must be remembered that many of the participants would not be able to understand English and
indeed, some might not understand Hindi either. Therefore, the workshop organisers would have to
ensure that some one is nominated to give a summary translation of the presentations and points made
in the workshop.
The organisers would provide a rapporteur for each workshop who would prepare a report on the
major issues discussed at the workshop. This report would form a basis for the final report of the
convention. Each workshop organiser would be responsible for nominating a person who would
present the main findings of the workshop, in 5 minutes, at then plenary immediately after the
workshops.
RIGHT TO INFORMATION (RTI) MEETING
Date: 29th Nov 2004
Time: 9.30 a.m. to 1.30 p.m.
Venue: VOICES Office, Bangalore
No. of participants: About 35
The meeting started about an hour late, due to some technical problems with the LCD projector.
The time spent waiting for the projector was not wasted, since there was an informal discussion
among the participants about the reasons for corruption, responsibility of citizens, etc. The fact
that many of the participants represented Residents Welfare Association from various parts of
Bangalore was useful since they could relate practical examples of their interaction with various
civic bodies in Bangalore. Another unique feature of the meeting was the participation of
members from a civil society body near Bangalore. They were also trying to initiate the PROOF
(Public Record of operations and Finance) campaign in their Gram Panchayat.
Shri. Anandrao from the Proof Energy Centre (PEC) - the Communication wing of PROOF
Campaign gave a brief introduction to the PROOF Campaign (see annexures). Shri. Cyril Vas
from Public Affairs Centre (PAC) assisted by his colleagues made a presentation about Karnataka
Right to Information Act - KRIA (a copy of the entire presentation and other related documents
attached).
The Food and Civil Socierics Commissioner attended the meeting and gave insights about the
functioning of KRIA in his department. He also raised concerns about “affluent people cornering
lion’s share of the subsidies provided by the Government for poor people”. Speaking about the
process of identification of the poor for BPL cards, he said that the process of Gram Sabha was a
farce, and that the rich and powerful ensured that the poor did not get selected, as they wanted
their family members or cronies to get selected. Incidentally, he had served as the Executive
Officer of the Taluka Panchayat.
In the last session, the participants were divided into three groups, and each group was asked to
prepare a letter asking for information under K.RIA.
At the end of the meeting, permission was sought to make a 60 second presentation on the Third
Patents Amendment Bill, which was to be tabled in the next session of Parliament. The following
presentation was made:
“ We have just heard that it is important for the Government to suo moto publish all relevant
facts concerning decisions and policies that affect the public, and KRIC has made provisions for
it. The Third Patents Amendment Bill that will be tabled in the next session of Parliament is one
such important Bill which could have a huge impact on the prices of new drugs. To quote an
example, Gleevec, a drug usedfor a certain kind of cancer was available to patients at Rs. 8,000 a
month. But^after the drug was given Exclusive Marketing Rights, the drug began to sell at about
Rs. 1,20, OOjper month. How many of us can actually spend Rs. 8,000for a drug every month, leave
alone Rs.120,000. Well, this scenario could also be repeated in drugs affecting common ailments
too if the Bill is passed. We have made a petition which we are sending to the PM and others
asking that this Bill should not be passed in a hurry without making suitable changes. IF anybody
is interested, I could send you information regarding the Bill and a copy of the petition, which
you could directly send to the PM and others, with copies to us for information. We are also
planning to hold a Press Conference on 7th December 2004 and a rally on 9th December 2004 to
highlight this issue and press for our demands. Ifyou are interested to be a part of this, you are
most welcome. "
P,TZ)
' 'Y1'0
AH the participants in the meeting agreed to sign the petition and asked for more information
from CHC.
Action Points:
1) Get complete address list of participants from VOICES.
2) Send copies of Patents Bill petition to PAC, Civic, others for circulation on their list
serves/ networks.
3) Conduct RTI awareness for CHC team members and discuss how it can be effectively
used in our work.
4) Ask Swamy to request VOICES to put CLIC (CHC Library and Information Centre) on
the Talk about PROOF mailing list
Annexures (copies available in CLIC)
1)
2)
3)
4)
5)
KRIA - Presentation by PAC
User’s guide to KRIC by Commonwealth Human Rights Initiative (CHRI)
Talk about PROOF - a newsletter by PEC
Public Eye - a newsletter from PAC.
ABC of Voting - A voter’s Guide by PAC.
Naveen I. Thomas
29th Nov 2004
What i^the/RL^httcr
Ivxforvvbation/ (RTI) ?
The/ K Cght ter I nRri-m^ccticrn/ irv
Kwn&taka/ <5r
Jktw it ccew help you/
A pre^e^tccticrvvlyy
PitbliC'Affhi/'-yCeAatre^ 'bcM^alove'
TXe/
RTI
RTT derives legitimacy from the principles laid down in the
Indian Constitution; however only in last decade concerted
effort at campaign for greater openness and transparency
The Need for RTI:
■ Cornerstone of Democracy - enables citizen participation in
political and economic processes
■ Fights corruption
■ Brings transparency into official decisions
■ Protects civil liberties
■ Matter of life & death: food, health, security, shelter,
education, environment
&. employment bound up with RTT
■ Knowledge of laws and policies
■ Media can ensure public's 'right to know'
KKIA - Obfe^tive^
".... to provide right of access to
information to the citizens of the
state which will promote openness,
transparency, accountability in
administration and ensure effective
participation of the people in the
administration."
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
M
■ RTT is universally acknowledged as a fundamental
human right to promote transparency, accountability
and public participation in governance - 3 key
ingredients of "good governance"
■ Right to Information (RTI) is considered a prerequisite
for human development
■ 2 aspects of RTI relevant today:
■ Information to which access must be given upon
request
■ Information which must be published and
disseminated suo moto (on its own)
The/ Kc^v^xtciha/ R L^ht to
I toRyrmxttCcm/ A ct (KRIA)
■ While the Central Freedom of Information Act is still to be
notified, Karnataka took the initiative to enact its own RTT
legislation
■ The Karnataka Right to Information Act (KRIA) was enacted
in 2000 and came into effect in July 2002
■ Nine other states have enacted RTI legislation. Compared to
most of these laws, KRIA is a relatively progressive Act,
providing reasonable scope for citizens to access
information from the government
■ However, the implementation of the Act needs much
improvement
■ Pressure from citizens' groups and civil society organisations
has resulted in better systems of information delivery
Key
ofKRIA
- prxywi/ Whom?
■ A citizen can access information pertaining to the
administration or decisions of:
■ All offices of the state government
■ All local authorities - panchayat, municipal corporation
Bangalore Development Authority, etc
■ All authorities created by or under an Act of the state
legislature - eg, universities
■ Any organisation owned, controlled or funded by the
state government - eg, M5IL
■ All the above-mentioned bodies have been defined in
KRIA as ’’public authority"
1
SburMcytcyVi^cloiure/
Whoni/t&'Approu^K?
KRIA also places a duty on all public authorities to:
1.
Maintain all records, properly cataloged and indexed
2.
Publish the following information once a year A/or on
■
All public authorities must have a Competent Authority
(CA) to deal with requests for information
■
CA is the head of the authority or is an officer notified
by the State government [A list of notified officers is
available online at www.kar.nic.in/vsb]
■
All applications under KRIA must be made to the CA
notice boards:
3.
■
Particulars of an organisation, its functions and duties
i
Powers, duties of officials and decision-making procedures
i
Details of facilities for citizens to access information
Publish all relevant facts concerning important decisions
and policies that affect the public
Publish facts before initiating or sanctioning any scheme
that affects the public - eg, a new flyover
8
To.
Competent Authority under the Karnataka Right to Information Act, 2000
Form - A
[See Rule 4(1)]
2.
3.
4.
Apply to the CA by filling out Form A. On top-left hand
corner, address it to the CA & mention his/ner designation
in the organisation
1.
Full Name of Applicant
2.
Address
3.
Details of document required
Form A can be written/typed on A4 size paper
4.
Year to which document
5.
Purposes for which the information is
Do not submit an incomplete form - it will be rejected
pertains
Do not ask for too much information or information that is
too general or vague
5.
Be specific - ask for a ’document"
required and how the applicant is
6.
Along with Form A, include a covering letter with your
contact details, including phone number.
Interested in obtaining the information :
8.
Date:
Receipt No.
Address the covering letter to the CA & mention
desigation
Place:
Date:
Always collect the acknowledgement/receipt
Signature of the applicant
9
Ke^pon&e' of the/ CA
■
■
■
'R.e^pov^ ofthe^ CA... cov^Cd/.
The CA can deny the following information:
Once a request is received and if information is being
provided, the applicant must be informed of the fee
payable within 7 days from date of application
■
Information must be provided within 15 working days from
date of fee payment
Fees must be paid through postal order or court fee
stamps
■
Information that affects public safety and order
Cabinet papers and internal discussions
■ Personal information that has no relation to any public activity
■ Is already published & available to the public
■
Information required to be published by law at a particular time
If information/it'de^nLed/
Within 15 days of receipt of application the CA must communicate
to the applicant, in writing:
■ Reasons for rejection
Fees
■Rs. 5 per A4 size paper
•Rs. 100 per floppy
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
Information that affects the security and integrity of India,
security of the State, economic interests, etc.
■
■
Once fees are paid, CA must inform applicant of the date
on which to collect information
• For maps, plans, etc fee fixed by CA
io
n
■ Time period within which an appeal can be made against the
decision
■ Particulars of the appellate authority
2
t
4
Appeals 8r
Ke^pov^' <yf ti^e/ CA... c/mtcL
If applicaticnv irtran^ferred/
KRIA provides for two levels of appeals:
■ In case of delay, false, incomplete or no information, the
applicant can appeal to a designated “Appellate Authority**
(AA) within 30 days
■ AA is an authority who is ’immediately superior to the CA“
■ AA must decide on appeal within 30 days of its receipt and
after hearing the appellant
■ A A can levy a penalty of upto Rs. 2000 on the CA and
disciplinary action after a hearing
■ Person aggrieved by order of the AA can appeal to the
Karnataka Appellate Tribunal (KAT)
■ The Tribunal should dispose appeal within 30 days of its
receipt
■ If the CA does not have the information, she/he shall NOT
return the application, but must transfer it to the
official/public authority that has the information within 15
DAYS. She/ he must also inform this to the applicant in
writing
■ The new CA must furnish information within 15 DAYS of
date of receipt of application
If appliccxtLoiv ir returned'
■ CA can return application if incomplete/defective; purpose
not clearly stated or information not readily available
■ A fresh application with the required changes can be filed
once again
14
13
KTI Succeed Stories
AppfiaZi'^ Penaltu&i-... covtfri/.
Appeal^ format
Appeals to the A A should include a copy of the order appealed
against, if any, <5. contain the following details:
Name and address of applicant and particulars of CA
1.
2.
Date of receipt of order, if any, from the CA
3.
Grounds of appeal
Relief which applicant claims
15
■ In Delhi: Bhupesh Kumar used RTT to see his Class XI
English paper, in which he had 'failed'. In 2 months, his
papers had been rechecked A he was promoted.
■ Maharashtra: In Satara, a school teacher has got
information 55 times under the RTI Act - and exposed
irregularities up to Rs. 1.5 crore in the process of renewing
leases on government-held properties - he also got a
temporary stay on the process.
■ Karnataka: A citizen used KRIA to get his electricity
connection, which was denied as he refused to pay a bribe.
Within a few days of filing his application, he got his
electricity connection!
■ Karnataka: Wilson Pais of Bangalore filed the first writ
petition in the Karnataka High Court against non-supply of
information by BMP and won the case. He will now approach
the KAT to seek redress against the orders of the A A.
16
How ccuv'KRIA help yerw?
You can use KRIA to check:
■ On government expenditure in your area - by asking for
information on public works
■ On the status of a complaint made - electricity, roads,
ration, etc.
■ Details of expenditure on works undertaken by your
MLA/panchayat
■ Ration registers to see if rations are reaching the intended
beneficiaries
■ Whether garbage bins in your locality are being cleared
regularly
■ Whether free drugs A medicines are actually reaching the
poor in urban A rural health centres
■ How much money is received A how much is spent on Central
A State government schemes - education, employment, mid
day meaf, etc
17
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
“I^nzrrtxrtce^ ui'
but /oncnvle<^e/ Lfr power”
"If irforynatbOri' arut kwowled^e/ are' cerxtrat to
deraocraoy, they cu^e'the' covutCttoviir'foi'
development."
Kofi/An^ia^n/, 7°^ SecreZcuy- G&n&rcCLofthe'UniZe^/
Naticmt' iMtd/2001 Ncrbel/pea^e'fi'i^e'
IX
3
t
Commonwealth Human Rights Initiative
User’s guide to Karnataka Right to Information Act*
The Karnataka government enacted the Karnataka Right to Information Act, 2000 (KRIA), after a
gap of nearly two years the government formulated and notified the Karnataka Right o
Information Rules in July 2002. The KRIA operationalises the citizens fundamental right to
information guaranteed in Article 19 and 21 of the Indian Constitution by putting in place a system
through which citizens can request any information (subject to exception set out in KRIA) from
government departments from time to time. It was considered necessary to enact a legislation
providing the right of access to information to the citizens so as to promote openness,
transparency and accountability in government and to ensure effective participation of people in
governance.
What is right to information?
•
•
A Right to have access to information held by the government relating to the rights of
individuals. This information could be in the form of records, Tiles, registers, maps, data,
drawings, etc.
A Right to be told something that could affect a person’s rights. This means that the
government has a positive duty to give certain types of information without waiting to be
asked for it. This would include information on issues concerning projects that directly affect
the people or the environment, information on health, agriculture, weather conditions, or
simply, information about the services provided or the functions performed by various public
bodies, etc.
Right to Information not only means the citizens right to ask for information that they want - it also
includes more importantly so the duty of public bodies to disclose information suo moto (on its
own). For example: if a flyover is being constructed in Bangalore - the public has the right to
know, purpose served by the flyover, benefits and negative effects, information regarding the cost
of the project, time frame for completion, nature of traffic disruption, information regarding the
contractor undertaking the construction and all relevant information that would affect the public
should be made known to all. This type of information must be made known to all citizens - it
should not be necessary for each citizen to approach the concerned department individually.
Right to Information - from whom?
Under KRIA a citizen has the right to access information relating to any matter in respect of
the administration or decisions of:
all offices of the state government
all local authorities e g.: panchayat, municipal corporation. Bangalore development
authority,
all authorities created by or under an act of the state legislature e.g.:- universities,
any organization or body funded, owned or controlled by the state government.
ihni/PtnonlinnoH hrtdiec
All the abovementioned
bodies hawo
have boon
been dofinorl
defined in
in KRIA
KRIA ac
as "nithllr*
"public niifhnrifv"
authority"1.
>
>
>
•© Commonwealth Human Rights Initiative, 2002; written by Deepika Mogilishetty-Farias. Project Officer Right to Information programme - CHRI.
1 Section 2 (c); KRIA cannot be used to obtain information from offices of the central government, any
establishment of the armed forces or the paramilitary forces, religious organizations and the High court of
Karnataka, tribunals and organizations having status of courts and proceedings are deemed to be judicial
proceedings and the secretariat of the Governor of Karnataka.
-1 N-8, 2nd floor. Green Park Main. New Delhi 110016. Ph:- 91-1 1-6864678/6850523 Fax: 91-11-6864688
Email: chriall@nda.vsnl.net.in: website: www.humanrightsinitiative.org
t
Commonwealth Human Rights Initiative
Commonwealth Human Rights Initiative
Who should a citizen approach to seek information under KRIA?
Every public authority must have a person whose responsibility it is to deal with requests for
information under KRIA - the law calls this person “competent authority"2.
•
Under KRIA the head of an office will be the competent authority - unless some other officer
or person has been notified by the State government to be the competent authority.
Therefore all applications under the KRIA must be made to either the head of the office or in
cases where some other person is notified - to such other person.
BOX - 1 - Application Form13
FORM A
(see rule 4 (1))
BO X -2 - Fee structure14
TABLE
1) Full name of the applicant
1.
In respect of For
each
matters in A4 Folio rupees
size paper
five.
2.
In case where Rupees one
information
is hundred per
supplied in the floppy.
floppy of 1.44
MB
2) Address
What kind of information is available under KRIA?
3) Details of the Document required
As started above right to information means not only the right to seek information that a person
requires but also the duty on the part of the public authorities to provide information on their own.
If information is to be provided to people it is imperative that there be systems in place in every
public authority to help deliver information to the public. KRIA recognizes this and has cast a duty
on all public authorities3 to :
•
maintain all records as per operational requirements, all records must be properly catalogued
and indexed.
•
publish the following information at least once a year:
>
>
>
particulars of the organization, its functions and duties
powers and duties of the officers and employees and procedure followed by them in
decision-making.
norms set up by the public authority for carrying out its functions
>
details of facilities available to citizens for obtaining information
This information must be available on a notice board in the office of the public
authority. The law also says that it is not necessary to publish the above if the same
information is included in any other publication, report, booklet or pamphlet, that has
been brought out by the Public Authority or there is no change in the information
already published during the previous year4.
•
publish all relevant facts concerning important decisions and policies that affect the public
while announcing such decisions and policies.
•
before sanctioning or initiating any project or scheme facts available to the public authority or
which the public authority feels should be known to the public in general or
to persons
affected by such project in the interest of democratic principles must be published5.
2 Section 2(a).
3 Section 3 KRIA.
4 Rule 3 KRIA rules, 2002
5 KRIA rules do not state where these matters have to be published. The earlier draft of the rules, was
more comprehensive since it clearly stated where all publications had to be made. Information regarding
projects had to be made available - by a State level public authority in at least one widely circulated
newspaper in the regional language; by every District level public authority in a local newspaper, having
wide circulation in the District, in the regional language; by every Taluk Panchayat level and Gram
Panchayat level public authority through distribution of pamphlets and pasting them for information in
-2N-8, 2^ floor, Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-11-6864688
Email: chriall@nda.vsnl.net.in; website: www.humanrightsinitiative.ore
4) Year to which document pertains:
5) Purpose for which the information is required
and how the applicant is interested in
obtaining copies.
Receipt No
Date.
In the case of maps and plans etc., a reasonable
fee shall, be fixed by the competent authority in
each case depending upon the cost of labour
and material required to be employed.
Place:
Date:
Signature of the applicant.
BOX - 3 Details In appeals15
Every such appeal shall be accompanied by a copy of the order
appealed against and it shall specify:
a.
b.
C.
d.
the name and address of the appellant and the particulars
regarding the competent authority;
the date of receipt of order, if any, of the competent authority
appealed against;
the grounds of appeal;
the relief that the applicant claims.
13 Form A - annexure to KRIA rules.
14 Rule 4(3) of KRIA rules.
15 Rule 5(2) of KRIA rules.
-7 N-8, 2nd floor, Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-11-6864688
Email: chriall@nda.vsnl.net.in; website: www.humanrightsinitiative.org
Commonwealth Human Rights Initiative
•
make available to the public minutes, records, advice including legal advice, opinions,
recommendations given in respect of the executive decisions or policy formulations after the
decision is taken or policy formulation is done.
In addition to the list mentioned above the law may from time to time prescribe other information
that should be disclosed voluntarily by public authorities.
■nmunication from
king days from
On what grounds can information be denied under KRIA?
Like all fundamental rights the right to information is not absolute and is subject to certain
exceptions. Under KRIA certain category of information can be denied 6such as:
thereafter
cabinet papers and deliberations of council of ministers, secretaries and other officers in
decision-making and policy formulation.
However, Cabinet decisions along with the reasons must be made available. Also, every
Government Order issued on the basis of a Cabinet decision must be accompanied by a
statement explaining the reasons for and the circumstances under which the decision is
taken.
]
inter and intra departmental notes, correspondence and papers containing advice or opinion
as also of projections and assumptions relating to internal policy analysis:
In addition right to information can be denied on the following grounds:
■)t of
•
prejudicial to sovereignty and integrity of India, security of the State, strategic scientific or
economic interest of India or international relations;
affects public safety and order, may cause incitement to commit an offence, affect fair trial or
adjudication of a pending case;
prejudicial to the assessment or collection of tax, cuss, duty or fee or assist in avoidance or
evasion of the tax, cess, duty or fee.
'S
•
breach of parliament or state legislature7:
trade or commercial secrets protected by law or information that affects legitimate economic
and commercial interest or the competitive position of a public authority; or would cause
unfair gain or loss to any person;
or if the competent
•
helps or facilitate escape from legal custody or affect prison security; or harm the process of
investigation or apprehension or prosecution of offenders.
if no salary is drawn
conspicuous places or on notice board in the offices of the public authority. Sadly the rules notified is a much
watered down version.
6 Sections 4 and 6.
7 Before witholding information the competent authority must refer the matter to Legislative Assembly
Secretariat or Legislative Council Secretariat, for determination of the issues and act according to the
advice rendered by the Secretariat. In computing the 30 time limit for providing information time taken by
the Secretariat to decide on the issue is excluded. The decision of the secretariat is final and there is no
appeal available against this.
88
-3N-8, 2”* floor. Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-11-6864688
Email: chriall@n<la.vsnl.net.in; website: www.huinanrightsinitiative.orE
Commonwealth Human Rights Initiative
•
information requested is general in nature and is not required to be ordinarily collected by the
public authority.
In such a case it is the duty of the competent authority to reframe the request in a manner
that will facilitate supply of information.
•
information requested is required by law, rules, regulations or orders to be published at a
particular time.
•
Information is already contained in published material available to the public.
•
personal information unconnected with public activity
•
invasion of privacy, unless larger public interest is served by disclosure8.
•
the record, from which the information is to be furnished is not readily available with the
public Authority and is pending with the Courts, Lokayuktha , Police or any other authority at
the time of the receipt of the application9.
wt
Apt
pro
app
Scenario 4: Act.
application.
__
j
.
Within 7 days of
application, the
inform the applic
the fee payable.
‘tes).
r~
The applicant m
through postal o
fee stamps.
Once fee is paid
inform applicant
date on which in
can be collected
I
Information should
provided to the apt
within 30 days fror
of receipt of fees.
Information relating to returns of assets and liabilities filed by public servant will be available to the public proviso to Section 6(d) of the Act.
4 Proviso to Rule 2(6) of the KRIA rules.
-4N-8, 2“* floor, Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-11-6864688
Email: chriall(a)nda.vsnl.net.in; website: www.humanrightsinitiative.org
10 s<
N-
T
Commonwealth Human Rights Initiative
Appeal process and penalties.
The Karnataka right to information Act envisages two scenarios for appeal”:
Scenario 1: Applicant aggrieved by
an order of a competent authority
Scenario 2: Applicant receives no c
the competent authority within 15 w<
the date of the application I
Must appeal within 30 da;
Must appeal within 30 days of order
First appeal lies with the authority immediately superior to the compel
authority "appellate authority".
Appeal should contain information set out in box 3.
Appellate authority must decide on the appeal within 30 days from date of recr
appeal and pass suitable orders after hearing affected person.
Second Appeal: Person aggrieved by order of Appellate authority can appeal to
Karnataka Appellate Tribunal and the tribunal should dispose appeal within 30 d;
from date of receipt of appeal.
PENALTIES12
If a competent authority fails to provide information without reasonable cause or if information provided is fals
authority believes the information to be false, the appellate authority can :
- impose a penalty not exceeding two thousand rupees and the penalty shall be recoverable from his salary o
as arrears of land revenue; and
- take appropriate disciplinary action under the service rules applicable to the concerned competent authority.
” Section 7 of KRIA and Rule 5 of KRIA rules.
12 Section 9 of KRIA.
-6-
N-8. 2nd floor. Green Park Main. New Delhi 110016. Ph:- 91-1 1-6864678/6850523 Fax: 91-11-6864
Email: chriallfenda.vsnl.net.in: website: www.humanrightsinitiative.org
Commonwealth Human Rights Initiative
t is the procedure for obtaining information?
from the voluntary mandatory disclosures listed above, all public authorities have a duty to
de information that citizens ask for from time to time. KRIA contains a detailed process and
nations have to be made to the concerned competent authority in this regard10.
STEP 1 : Apply to the competent
authority(C.A) by filling form A (see
box 1).
ptance of
jceiving
A will
nt about
see box 2
<
Step 2: C.A receives
application and gives receipt
in writing.
I
-
Scenario 3:
Information is not
available with that C.A to
whom application was
made.
>t pay fees
er or court
D.A will
bout the
rmation
>e
cant
the date
Within 15 days of receipt
of application the C.A
must transfer application
the officer with whom
information is available
and inform the applicant
of the same.
Scenario 1: Application
Returned
C.A can return application if it
> is defective or incomplete or
purpose for requesting
information is not clearly stated.
Defect can be rectified and
application made once again
2: Rejection
> Scenario
In case of a rejection , the C.A
will within 15 days from date
of receipt of application
communicate in writing to the
applicant:
• reasons for rejection
• period within which
appeal against rejection
may be preferred
• particulars of appellate
authority
I
The officer to whom
application is transferred
must provide information
within 15 days of receiving
the application from C.A
lion 5 of KRIA and Rule 4 of KRIA rules.
-52nd floor, Green Park Main, New Delhi 110016. Ph:- 91-11-6864678/6850523 Fax: 91-11-6864688
Email: chriall@nda.vsnl.net.in; website: www.humanrightsinitiative.org
f
Commonwealth Human Rights Initiative
User’s guide to Karnataka Right to Information Act*
The Karnataka government enacted the Karnataka Right to Information Act, 2000 (KRIA), after a
gap of nearly two years the government formulated and notified the Karnataka Right o
Information Rules in July 2002. The KRIA operationalises the citizens fundamental right to
information guaranteed in Article 19 and 21 of the Indian Constitution by putting in place a system
through which citizens can request any information (subject to exception set out in KRIA) from
government departments from time to time. It was considered necessary to enact a legislation
providing the right of access to information to the citizens so as to promote openness,
transparency and accountability in government and to ensure effective participation of people in
governance.
What is right to information?
•
•
A Right to have access to information held by the government relating to the rights of
individuals. This information could be in the form of records, files, registers, maps, data,
drawings, etc.
A Right to be told something that could affect a person's rights. This means that the
government has a positive duty to give certain types of information without waiting to be
asked for it. This would include information on issues concerning projects that directly affect
the people or the environment, information on health, agriculture, weather conditions, or
simply, information about the services provided or the functions performed by various public
bodies, etc.
Right to Information not only means the citizens right to ask for information that they want - it also
includes more importantly so the duty of public bodies to disclose information suo moto (on its
own). For example: if a flyover is being constructed in Bangalore - the public has the right to
know, purpose served by the flyover, benefits and negative effects, information regarding the cost
of the project, time frame for completion, nature of traffic disruption, information regarding the
contractor undertaking the construction and all relevant information that would affect the public
should be made known to all. This type of information must be made known to all citizens - it
should not be necessary for each citizen to approach the concerned department individually.
Right to Information - from whom?
Under KRIA a citizen has the right to access information relating to any matter in respect of
the administration or decisions of:
all offices of the state government
all local authorities e.g.: panchayat, municipal corporation, Bangalore development
authority,
all authorities created by or under an act of the state legislature e g.:- universities,
any organization or body funded, owned or controlled by the state government.
ihnvpmpntinnod hnHioc
ac "public mithnritw"
All the abovementioned
bodies have hppn
been doftntad
defined in
in KRIA
KRIA as
authority"1.
>
>
>
>
•© Commonwealth Human Rights Initiative, 2002; written by Deepika Mogilishetty-Farias, Project Officer Right to Information programme - CHRI.
Section 2 (c); KRIA cannot be used to obtain information from offices of the central government, any
establishment of the armed forces or the paramilitary forces, religious organizations and the High court of
Karnataka, tribunals and organizations having status of courts and proceedings are deemed to be judicial
proceedings and the secretariat of the Governor of Karnataka.
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Commonwealth Human Rights Initiative
I
Commonwealth Human Rights Initiative
Who should a citizen approach to seek information under KRIA?
•
Every public authority must have a person whose responsibility it is to deal with requests for
information under KRIA - the law calls this person "competent authority"2.
•
Under KRIA the head of an office will be the competent authority - unless some other officer
or person has been notified by the State government to be the competent authority.
Therefore all applications under the KRIA must be made to either the head of the office or in
cases where some other person is notified - to such other person.
BO X -2 - Fee structure’4
BOX - 1 - Application Form’3
FORM A
(see rule 4 (1))
TABLE
1) Full name of the applicant
1.
In respect of For
each
matters in A4 Folio rupees
size paper
five.
2.
In case where Rupees one
information
is hundred per
supplied in the floppy.
floppy of 1.44
MB
2) Address
What kind of information is available under KRIA?
3) Details of the Document required
As started above right to information means not only the right to seek information that a person
requires but also the duty on the part of the public authorities to provide information on their own.
If information is to be provided to people it is imperative that there be systems in place in every
public authority to help deliver information to the public. KRIA recognizes this and has cast a duty
on all public authorities3 to :
•
maintain all records as per operational requirements, all records must be properly catalogued
and indexed.
•
publish the following information at least once a year:
4) Year to which document pertains:
5) Purpose for which the information is required
and how the applicant is interested in
obtaining copies.
Receipt No
particulars of the organization, its functions and duties
powers and duties of the officers and employees and procedure followed by them in
decision-making.
norms set up by the public authority for carrying out its functions
details of facilities available to citizens for obtaining information
77i/5 information must be available on a notice board in the office of the public
>
Date.
In the case of maps and plans etc., a reasonable
fee shall, be fixed by the competent authority in
each case depending upon the cost of labour
and material required to be employed.
Place:
Date:
Signature of the applicant.
>
authority. The law also says that it is not necessary to publish the above if the same
information is included in any other publication, report, booklet or pamphlet, that has
been brought out by the Public Authority or there is no change in the information
already published during the previous year4.
•
•
publish all relevant facts concerning important decisions and policies that affect the public
while announcing such decisions and policies.
before sanctioning or initiating any project or scheme facts available to the public authority or
which the public authority feels should be known to the public in general or
to persons
affected by such project in the interest of democratic principles must be published5.
2 Section 2(a).
3 Section 3 KRIA.
4 Rule 3 KRIA rules, 2002
5
KRIA rules do not state where these matters have to be published. The earlier draft of the rules, was
more comprehensive since it clearly stated where all publications had to be made. Information regarding
projects had to be made available - by a State level public authority in at least one widely circulated
newspaper in the regional language; by every District level public authority in a local newspaper, having
wide circulation in the District, in the regional language; by every Taluk Panchayat level and Gram
Panchayat level public authority through distribution of pamphlets and pasting them for information in
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BOX - 3 Details In appeals’5
Every such appeal shall be accompanied by a copy of the order
appealed against and it shall specify:
a.
b.
d.
the name and address of the appellant and the particulars
regarding the competent authority;
the date of receipt of order, if any, of the competent authority
appealed against;
the grounds of appeal;
the relief that the applicant claims.
13 Form A - annexure to KRIA rules.
14 Rule 4(3) of KRIA rules.
15 Rule 5(2) of KRIA rules.
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1
Commonwealth Human Rights Initiative
Commonwealth Human Rights Initiative
•
Appeal process and penalties.
make available to the public minutes, records, advice including legal advice, opinions,
recommendations given in respect of the executive decisions or policy formulations after the
decision is taken or policy formulation is done.
The Karnataka right to information Act envisages two scenarios for appeal'1:
In addition to the list mentioned above the law may from time to time prescribe other information
that should be disclosed voluntarily by public authorities.
Scenario 1: Applicant aggrieved by
an order of a competent authority
Scenario 2: Applicant receives no communication from
the competent authority within 15 working days
the date of the application I
1
On what grounds can information be denied under KRIA?
Like all fundamental rights the right to information is not absolute and is subject to certain
exceptions. Under KRIA certain category of information can be denied 6such as:
Must appeal within 30 days thereafter
cabinet papers and deliberations of council of ministers, secretaries and other officers in
decision-making and policy formulation.
However, Cabinet decisions along with the reasons must be made available. Also, every
Government Order issued on the basis of a Cabinet decision must be accompanied by a
statement explaining the reasons for and the circumstances under which the decision is
taken.
Must appeal within 30 days of order
First appeal lies with the authority immediately superior to the competent
authority “appellate authority”.
Appeal should contain information set out in box 3.
•
inter and intra departmental notes, correspondence and papers containing advice or opinion
as also of projections and assumptions relating to internal policy analysis:
In addition right to information can be denied on the following grounds:
Appellate authority must decide on the appeal within 30 days from date of receipt of
appeal and pass suitable orders after hearing affected person.
•
prejudicial to sovereignty and integrity of India, security of the State, strategic scientific or
economic interest of India or international relations;
affects public safety and order, may cause incitement to commit an offence, affect fair trial or
adjudication of a pending case;
Second Appeal: Person aggrieved by order of Appellate authority can appeal to
Karnataka Appellate Tribunal and the tribunal should dispose appeal within 30 days
from date of receipt of appeal.
PENALTIES’2
If a competent authority fails to provide information without reasonable cause or if information provided is false or if the col
tent
authority believes the information to be false, the appellate authority can :
- impose a penalty not exceeding two thousand rupees and the penalty shall be recoverable from his salary or if no salary is drawn
as arrears of land revenue; and
- take appropriate disciplinary action under the service rules applicable to the concerned competent authority.
prejudicial to the assessment or collection of tax, cuss, duty or fee or assist in avoidance or
evasion of the tax, cess, duty or fee.
•
breach of parliament or state legislature7:
•
trade or commercial secrets protected by law or information that affects legitimate economic
and commercial interest or the competitive position of a public authority; or would cause
unfair gain or loss to any person;
helps or facilitate escape from legal custody or affect prison security; or harm the process of
investigation or apprehension or prosecution of offenders.
conspicuous places or on notice board in the offices of the public authority. Sadly the rules notified is a much
watered down version.
6 Sections 4 and 6.
7 Before witholding information the competent authority must refer the matter to Legislative Assembly
Secretariat or Legislative Council Secretariat, for determination of the issues and act according to the
advice rendered by the Secretariat. In computing the 30 time limit for providing information time taken by
the Secretariat to decide on the issue is excluded. The decision of the secretariat is final and there is no
appeal available against this.
11 Section 7 of KRIA and Rule 5 of KRIA rules.
12 Section 9 of KRIA.
-6-
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t
Commonwealth Human Rights Initiative
information requested is general in nature and is not required to be ordinarily collected by the
public authority.
In such a case it is the duty of the competent authority to reframe the request in a manner
that will facilitate supply of information.
Commonwealth Human Rights Initiative
What is the procedure for obtaining information?
Apart from the voluntary mandatory disclosures listed above, all public authorities have a duty to
provide information that citizens ask for from time to time. KRIA contains a detailed process and
annlinafinnc
ithnritw in
applications hat/Q
have tn
to ho
be moHo
made tn
to tho
the rnnrornoH
concerned rnmnofonf
competent ai
authority
in thic
this ronarrv
regard10.
information requested is required by law, rules, regulations or orders to be published at a
particular time.
STEP 1 : Apply to the competent
authority(C.A) by filling form A (see
box 1).
Information is already contained in published material available to the public.
personal information unconnected with public activity
•
invasion of privacy, unless larger public interest is served by disclosure8.
the record, from which the information is to be furnished is not readily available with the
public Authority and is pending with the Courts, Lokayuktha , Police or any other authority at
the time of the receipt of the application9.
Scenario 4: Acceptance of
application.
I
Within 7 days of receiving
application, the C.A will
inform the applicant about
the fee payable, (see box 2
for fees).
Step 2: C.A receives
application and gives receipt
in writing.
I
Scenario 3:
Information is not
available with that C.A to
whom application was
made.
The applicant must pay fees
through postal order or court
fee stamps.
Once fee is paid, C.A will
inform applicant about the
date on which information
can be collected.
+
—
In^^Btion should be
proWed to the applicant
within 30 days from the date
of receipt of fees.
8 Information relating to returns of assets and liabilities filed by public servant will be available to the public proviso to Section 6(d) of the Act.
9 Proviso to Rule 2(6) of the KRIA rules.
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Within 15 days of receipt
of application the C.A
must transfer application
the officer with whom
information is available
and inform the applicant
of the same.
Scenario 1: Application
Returned
C.A can return application if it
> is defective or incomplete or
purpose for requesting
information is not clearly stated.
Defect can be rectified and
application made once again
2: Rejection
> Scenario
In case of a rejection , the C.A
will within 15 days from date
of receipt of application
communicate in writing to the
applicant:
• reasons for rejection
• period within which
appeal against rejection
may be preferred
• particulars of appellate
authority
I
The officer to whom
application is transferred
must provide information
within 15 days of receiving
the application from C.A
10 Section 5 of KRIA and Rule 4 of KRIA rules.
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{
ice rules applicable to him.
On the whole it appears that some basic requirements
of strong legislation on RTI have been met. Some provi
sions need to be clarified further and at some places there
is potential for delays and dilutions. These will have to be
watched carefully as this legislation is used in actual prac
tice. If necessary, amendments can be introduced after
some time. Meanwhile, it will be important to ensure that
rules are framed in such a way that fees and costs are not
fixed at high levels so that RTI remains accessible to all.
Secondly, appointments to information commissions should
be made carefully so that persons known fortheir integrity
and commitment to democracy and transparency are able
to occupy these posts.
Note - You can also contact at the publisher's
address given below for our other publications, a
press-clippings service, an articles and features
service for small publications and a community
library set.
Price Rs. 6/This booklet is published by
Bharat Dogra from
C-27, Raksha Kunj, Paschim Vihar, New Delhi-110063
Ph.: 25255303
and printed by
Kulshrestha Printers, A-11, Tyagi Vihar, Nangloi,
Delhi-110041
Ph.25472648
(12)
India's New Legislation on
Right to Information
Content, Significance and the Task Ahead
•
Bharat Dogra
People's Right to Information is increasingly recognised
as a very basic democratic right. Although the Supreme
Court had said that this right is inherent in the fundamental
right of freedom of expression provided in the Indian con
stitution, at the practical level it was important to enact a
separate law to ensure that the mechanisms and the infra
structure to provide information to citizens are in place and
work properly. Such legislation had been discussed and
debated for almost a decade. Meanwhile several states
passed their own laws but somehow the national level leg
islation kept getting delayed. At last The Right to Informa
tion Bill 2005 was passed by the Lok Sabha on May 11 this
year and by the Rajya Sabha the next day. From the point
of view of citizens who want to obtain information under
this new law, it will become effective 120 days after receiv
ing Presidential assent.
’
Now let's examine some important aspects of this leg
islation to see how strong and effective it is. Firstly it is
good to see that this legislation is applicable at all levels of
the government - central government, state governments,
local self-government at district and village level and mu
nicipalities - all are covered.
it is particularly interesting to see that some private
sector entities are also covered indirectly. For example, while
defining 'public authority' it is stated that it will include any
)
(1)
(i) body owned, controlled or sustantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Gov
ernment;
recorded in writing.
The decision of the Central Public Information Commission or State
Public Information Commission shall be binding.
Moreover information is defined to include "information
relating to any private body which can be accessed by a
public authority under any other law for the time being in
force."
Secondly, 'information' and 'right to information' are
also defined quite broadly. For example, while exercising
RTI in relation to a road, even taking samples of the mate
rial used in road construction can be included.
Where the Central Public Information Commission or the State Public
Information Commission, as the case may be at the time of decid
ing any complaint or appeal is of the opinion that the Central Public
Information Officer or State Public Information Officer, as the case
may be has, without any reasonable cause, refused to receive an
application for information or has not furnished information within
the time specified under sub section (1) of the 7 or malafidely de> nied the request for information cr knowingly given incorrect, in
complete or misleading information or destroyed information which
was the subject of the request or obstructed in any manner in fur
nishing the information, it shall imposed a penalty of two hundred
and fifty rupees each day till application is received or information
is furnished, so however, the total amount of such penalty shall not
exceed twenty five thousand rupees;
Provided that the Central Public Information Officer or State Public
Information Officer as the case may be, shall be given a reason
able opportunity of being heard before any panalty is imposed on
him:
Provided further that the burdon of proving that he acted reason
ably and diligently shall be on the Central Public Information Officer
or State Public Information Officer, as the case may be.
(2) Where the Central Public Information Commission or State Public
Information Commission, as the case may be at the time of decid
ing any complaint or appeal is of the opinion that the Central Public
Information Officer or State Public Information Officer, as the case
may be, has, without any reasonable cause and persistently, failed
to receive an application for information or has not furnished infor
mation within the time specified under sub-section (1) of section 7
as malafidely denied the request for information or knowingly given
incorrect, incomplete or misleading information or destroyed infor
mation which was the subject of the request or obstructed in any
manner in furnishing the information, it shall recommend for
diciplinery action against the Central Public Information Officer or
State Public Information Officer, as the case may be under the serv-
"right to information" means the right to information accessible
under this Act which is held by or under the control of any public author
ity and includes the right to(i) inspection of work, documents, records;
(ii) taking notes, extracts, or certified copies of documents or records;
(Hi) taking certified samples of material;
(iv) 'obtaining information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through print
outs where such information is stored in a computer or in any
other device.
... "Information" means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, datai
material held in any electronic form and information relating to any pri
vate body which can be accessed by a public authority under any other
law for the time being in force;
Apart from maintaining all records properly this law re
quires every public authority to
(b) publish within one hundred and twenty days from the enactment
of this Act,
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(Hi) the procedure followed in the decision making process, includ-
(2 )
Now let's look at the provision for penalties.
(11)
(2) the State Information Commision shall consist of (a) The State Chief Information Commisioner;and
(b) Such number of State Information Commisiones, not exceeding ten,
as may be deemed necessary.
Now let's look at the appeal mechanism
Where a request has been rejected under subsection (1), the Cen
tral Public Information Officer or State Public Information Officer,
as the case may be shall communicate to the person making the
request, (I) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be
preferred; and
(Hi) the particulars of the appellate authority.
Any person who, does not receive a decision within the time speci
fied in sub Appeal section (1) or clause (a) of sub-section (3) of
section 7, or is aggrieved by a decision of the- Central Public Infor
mation Officer or StatePublic Information Officer, as the case may
be, may within thirty days from the expiry of such period or from the
receipt of such a decision prefer an appeal to such officer who is
senior in rank to the Central Public Information Officer or StatePublic
Information Officer, as the case may be in each public authority:
Provided that such officer may admit the appeal after the expiry of
the period of thirty days if he or she is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
A second appeal against the decision under sub-section (1) shall
lie within ninety days from the date on which the decision should
have been made or was actually received, with the Central Public
Information Commission or StatePublic Information Commission,
as the case may be: Provided that the Central Public Information
Commission or StatePublic Information Commission, as the case
may be may admit the appeal after the expiry of the period of ’
ninety days if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
An appeal under sub-section (1) or sub-section (2) shall be dis
posed, of within thirty days of the receipt of the appeal or within
such extended period not exceeding a total of forty-five days from
the date of filing thereof, as the case may be, for reasons to be
ing
channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held
by it or under its control or used by its employees for discharging its
functions;
(vi) a statement of the categories of documents that are held by it or
under its control;
I
(vii) the particulars of any arrangement that exists for consultation
with, or representation by, the members of the public in relation to the
formulation of its policy or implementation thereof;, '
(viii) a statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its part or for
the purpose of its advise, and as to whether meetings of those boards,
councils, committees and other bodies are open to the public, or the
minutes 'of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
(xi) the budget allocated to each of its agency, indicating the par
ticulars of all plans, proposed expenditures and reports on disburse
ments made;
(xii) the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisa
tions granted by it;
(xiv) details in respect of the information, available to or held by it,
reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining in
formation, including the working hours of a library or reading room, if
maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii) such other information as may be prescribed;
and thereafter update these publications every year;
(c) publish all relevant facts while formulating important policies or
l^x;
(10)
(3)
announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi judicial decisions
to affected persons;
(2) It shall be a constant endeavour of every public authority to take
steps in accordance with the requirements of clause (b) of sub-section
(1) to provide as much information suo moto to the public at regular
intervals through various means of communications so that the public
have minimum resort to the use of this Act to obtain information.
There should have been a more specific commitment to|
provide suo motto information projects to project affected
people at an early date.
Now let's look at the operational aspects of this legis
lation.
5. (1) Every public authority shall, within one hundred days of the
enactment of this Act, designate as many officers as Central Public
Information Officers or State Public Information Officers, as the case
may be, in all administrative units or offices under it as may be neces
sary to provide information to persons requesting for the information
under this Act. /
(2) Without prejudice to the provisions of sub-section (1), every public
authority shall designate an officer, within one hundred days of the en
actment of this Act, at each sub divisional level or other sub-district
level as an Central Assistant Public Information Officer or a State As
sistant Public Information Officer, as the case may be, to receive the
applications for information or appeals under this Act for forwarding the
same forthwith to it or to the Central Public Information Officer or the.
State Public Information Officer or Senior Officer specified under sub
section (1) of section 19 or the Central Information Commision or the
State Information Commission, as the case may be.
... 6. (1) A person who desires to obtain any information under this
Act shall make a request in writing or through electronic means in Eng
lish or in the official language of the area in which the application is
being made, accompanying such fee as may be prescribed, to (a) the Central Public Information Officers or State Public Informa
tion Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officers or State As-
(4)
protected by law, disclosure may be allowed if the public interest in
disclosure out weights in importance any possible harm or injury to
the interests of such third party.
(2) Where a notice is served by the Public Information Officer under
sub-section (1)toa third party in respect of any information or record
or part thereof, the third party shall, within ten days from the date of
receipt of such notice, be given the opportunity to make represen
tation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Public Infor
mation Officer shall, within forty days after receipt of the request
under section 6, if the third party has been given an opportunity to
make representation under sub-section (2), make a decision as to
whether or not to disclose the information or record or part thereof
and give in writing the notice of his decision to the third party
(4) A notice given under sub-section (3) shall include a statement that
the third party to whom the notice is given is entitled to prefer an
appeal under section 19 against the decision.
According to some experienced persons that elaborate
provisions can cause very long delays and complica
tions if and when citizens try to obtain information in
volving third parties.
The regulation of this law will be through the Informa
tion Commissions. As section 12 provides.
(1) The Central Government shall, by notification in the Official Ga
zette, constitute a body to be known as the Central Information
Commission to exercise the powers conferred on, and to perform
the functions assigned to, it under this Act.
(2) The Commission shall consist of-.
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners not exceeding
ten as may be deemed necessary.
Section 15 provides such arrangement at the state level.
...(i) Every State Government shall, by notification in the official Gazette,
constitute a body to be known as the.(name of the state)
Information Commission to exercise the powers conferred on, and
to perform the functions assigned to, it under this act.
(9)
attempt has been made to keep public interest even
above the exemptions.
There is a provision for providing part-information where
full information cannot be provided.
Where a request for access to information, is rejected on the ground
that it is in relation to information which is exempt from disclosure,
then, notwithstanding anything contained in this Act, access may
be provided to that part of the record which does not contain any
information which is exempt from disclosure under this Act and which1
can reasonably be severed from any part that contains exempt in
formation.
(2) Where access is granted to a part of the record under sub-Section
(1), the Central public Information Officer or State public Informa
tion Officer, as the case may be, shall give a notice to the applicant,
informing, (a) that only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being
provided;
(b) the reasons for the decision, including any findings on any material
question of fact, referring to the material on which those findings
were based;
This law lays down a complicated procedure when in
formation relating to third parties is involved.
Where a public authority intends to disclose any information or
record, or part thereof on a request made under this Act, which
relates to or has been supplied by a third party and has been treated1
as confidential by that third party, the Public Information Officer
shall, within five days from the receipt of the request, give a written
notice to such third party of the request and of the fact that the
Central Public Information Officer or State Public Information
Officeras the case may be intends to disclose the information or
record, or part thereof, and invite the third party to make a submis
sion in writing or orally, regarding whether the information should
be disclosed, and such submission of the third party shall be kept
in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets
(8 )
sistant Public Information Officers, as the case may be,
specifying the particulars of the information sought by him or her:
... 7. (1) Subject the proviso to sub-section (2) of section 5 or the
proviso to sub.-section (3) of section 6, the Central Public Information
Officer or State Public Information Officer, as the case may be, on re
ceipt of a request under section 6 shall, as expeditiously as possible,
and in any case within thirty days of the receipt of the request, either
provide the information on payment of such fee as may be prescribed
or reject the request for any of the reasons specified in sections 8 and
9:
Provided that where the information sought for concerns the life or
liberty of a person, the same shall be provided within forty-eight hours
of the receipt of the request
(2) If the Central Public Information Officer or State Public Informa
tion Officer, as the case may be, fails to give decision on the request for
information within the period specified under, sub-section (1), the Cen
tral Public Information Officer or State Public Information Officer, as the
case may be, shall be deemed to have refused the request.
There appears to be some confusion here. Section 7(1)
indicates that if a request is rejected then the reason for
this rejection will be provided, but in case of section 7(2)
the applicant will not be able to know this reason. Section
7(2) needs a second look.
Now let's look at the some provisions related to fees.
Where a decision is taken to provide the information on payment
of any further fee representing the cost of providing the information, the
Central Public Information Officer or State Public Information Officer,
as the case may be, shall send an intimation to the person making the
request,
...Where access to information is to be provided in the printed or
in any electronic format, the applicant shall, subject to the Provisions
sub-section(6), pay such fee as may be the prescribed.
Provided the fee prescribed under sub-section (1) of section 6
and sub-section (1) and (5) of section 7 shall be reasonable and no
such fee shall be charged from the persons who are of below poverty
line as may be determined by the appropriate Government.
(5 )
(6) Notwithstanding anything contained in sub-section (5), the
person making request for the information shall be provided the infor
mation free of charge where a public authority fails to comply with the
time limits specified in sub-section (I).
More specific details relating to fees and costs will be
provided by the rules to accompany this legislation which
are still being framed at the time of writing.
Several exemptions have been granted under sec
tion 8 which says,
rity purposes;
-________________
(h) information, the disclosure of which would impede the process of
investigation or apprehension or prosecution of offenders;
(i) cabinet papers, including records of deliberations of the Council of
Ministers, Secretaries and other officers; Provided that the deci
sions of the Council of Ministers, the reasons thereof, and the ma
terial on the basis of which the decisions were taken, shall be made
public after the decision has been taken, and the matter is com
plete, or over: Provided further that those matters which come un)
der the exemptions listed in this section shall not be disclosed;
8. (1) Notwithstanding anything contained in this Act, except as other
wise provided herein, the following information shall be exempted
from disclosure, namely:
(a) information, the disclosure of which would,
(I) prejudicially affect the sovereignty and integrity of India, security,
strategic, scientific or economic interest of the State, relation with
foreign State; or
(il) lead to an incitement to commit an offence;
(b) information, which has been expressly forbidden to be disclosed by
any court of law or tribunal or the disclosure of which may consti
tute contempt of court;
(c) information, the disclosure of which may result in a breach of privi
leges of Parliament or the Legislature of a State;
(d) information, including commercial confidence, trade secrets or in
tellectual property, the disclosure of which would harm the com
petitive position of a third party:
Provided that such information may be disclosed, if the Public In
formation Officer is satisfied that a larger public interest warrants
the disclosure of such information;
(e) information available to a person in his fiduciary relationship: Pro
vided that such information maybe disclosed, if the Public Informa
tion Officer is satisfied that a larger public interest warrants the dis
closure of such information;
(f) information received in confidence from a foreign government;
(g) information, the disclosure of which would endanger the life or physi
cal safety 'of any person orcause to identify the source of informa
tion or assistance given in confidence for law enforcement orsecu-
information which relates to personal information, the disclosure
of which has no relationship to any public activity or interest or which
would cause unwarranted invasion of the privacy of the individual:
Provided that such information may be disclosed, if the Public In
formation Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information.
Information which cannot be denied to Parliament or Legislature of
a State, as the case may be, shall not be denied to any person.
(2) notwithstanding any thing in the Official Secrets Act, 1923 nor any
of the exemptions permissible in accordance with sub-section (1),
a public authority may allow access to information, if public interest
in disclosure of the information outweighs the harm to the protected
interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section
(1), any information relating to any occurrence, event or matter which
has taken place or occurred or happened twenty years before the
I
date on which any request is made under section 6, shall be pro
vided to any person making the request under that section:
( 6)
(7)
(j)
...Nothing contained in this Act shall apply to the intelligence and
security organisations specified in the Second Schedule, being or
ganisations established by the Central Government or any infor
mation furnished by such organisations to that Government:
Provided that the information pertaining, to the allegations of cor
ruption and human rights violations shall not be excluded under
this sub-section.
Therefore while there may be just a few exemptions, an
Whoct lA'the/RL^Kttcr
(RTI) ?
T7xe/ R Lgpkt- to I v^RnrYVi£CtiOYv 6n/
Ka>rrtatu>fca/<Er
how bt 6041/ help you/
■ RTI is universally acknowledged as a fundamental
human right to promote transparency, accountability
and public participation in governance - 3 key
ingredients of "good governance’’
■ Right to Information (RTI) is considered a prerequisite
for human development
-^^ssasaftaxiassc^
A pre^aZatbOYv'by
■ 2 aspects of RTI relevant today:
■ Information to which access must be given upon
request
■ Information which must be published and
disseminated suo moto (on its own)
Tla&Ne&d/for RTI
RTI derives legitimacy from the principles laid down in the
Indian Constitution; however only in last decade concerted
effort at campaign for greater openness and transparency
The Need for RTE:
■ Cornerstone of Democracy - enables citizen participation in
political and economic processes
■ Fights corruption
■ Brings transparency into official decisions
■ Protects civil liberties
■ Matter of life & death: food, health, security, shelter,
education, environment
& employment bound up with RTI
■ Knowledge of laws and policies
■ Media can ensure public's 'right to know'
KRIA - (Dbje^tC\/ey
".... to provide right of access to
information to the citizens of the
state which will promote openness,
transparency, accountability in
administration and ensure effective
participation of the people in the
administration."
Tbe/ Kc^vwctciKa/ R L^ht tolv\jfbirvm^X>(yvvAc^ (KRIA)
■ While the Central Freedom of Information Act is still to be
notified, Karnataka took the initiative to enact its own RTI
legislation
■ The Karnataka Right to Information Act (KRIA) was enacted
in 2000 and came into effect in July 2002
■ Nine other states have enacted RTT legislation. Compared to
most of these laws, KRIA is a relatively progressive Act,
providing reasonable scope for citizens to access
information from the government
■ However, the implementation of the Act needs much
improvement
■ Pressure from citizens' groups and civil society organisations
has resulted in better systems of information delivery
Key prcrvu&ixyvwofKRIA
InfovyriccCLorv - from Wham?
■ A citizen can access information pertaining to the
administration or decisions of:
■ All offices of the state government
■ All local authorities - panchayat, municipal corporation
Bangalore Development Authority, etc
■ All authorities created by or under an Act of the state
legislature - eg, universities
■ Any organisation owned, controlled or funded by the
state government - eg, M5IL
■ All the above-mentioned bodies have been defined in
KRIA as “public authority’’
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
1
SL^Mot(rVC$K>Loiure^
Whowi/tCrApproxzch/?
■
All public authorities must have a Competent Authority
(CA) to deal with requests for information
■
CA is the head of the authority or is an officer notified
by the State government [A list of notified officers is
available online at www.kar.nic.in/vsb]
■
All applications under KRIA must be made to the CA
KRIA also places a duty on all public authorities to:
Maintain all records, properly cataloged and indexed
Publish the following information once a year &/or on
notice boards:
2.
3.
i
Particulars of an organisation, its functions and duties
i
Powers, duties of officials and decision-making procedures
i
Details of facilities for citizens to access information
Publish all relevant facts concerning important decisions
and policies that affect the public
Publish facts before initiating or sanctioning any scheme
that affects the public - eg, a new flyover
To.
Procedure/for obtcurdr^
iAaforvviatiovv
Competent Authority under the Karnataka Right to Information Act, 2000
Form - A
[See Rule 4(1)]
1.
Full Name of Applicant
Apply to the CA by filling out Form A. On top-left hand
corner, address it to the CA & mention his/her designation
in the organisation
2.
Address
3.
Details of document required
2.
Form A can be written/typed on A4 size paper
4.
Year to which document
3.
Do not submit an incomplete form - it will be rejected
1.
Do not ask for too much information or information that is
too general or vague
5.
Be specific - ask for a "document"
pertains
5.
Purposes for which the information is
required and how the applicant is
6.
Along with Form A, include a covering letter with your
contact details, including phone number.
7.
Address the covering letter to the CA & mention
desigation
Place:
8.
Always collect the acknowledgement/receipt
Date:
Interested in obtaining the information :
Receipt No.
Date:
Signature of the applicant
Ke^pov^e/ of the^ CA
■
■
■
Once a request is received and if information is being
provided, the applicant must be informed of the fee
payable within 7 days from date of application
Information must be provided within 15 working days from
date of fee payment
Fees must be paid through postal order or court fee
stamps
■
Once fees are paid, CA must inform applicant of the date
on which to collect information
Fees
•Rs. 5 per A4 size paper
•Rs. 100 per floppy
• For maps, plans, etc fee fixed by CA
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
10
of the' CA... cov^cU.
The CA can deny the following information:
■ Information that affects the security and integrity of India,
security of the State, economic interests, etc.
■ Information that affects public safety and order
■ Cabinet papers and internal discussions
■
Personal information that has no relation to any public activity
■ Is already published <St available to the public
■
Information required to be published by law at a particular time
If information/ & d&nied/
Within 15 days of receipt of application the CA must communicate
to the applicant, in writing:
■ Reasons for rejection
■ Time period within which an appeal can be made against the
decision
■ Particulars of the appellate authority
2
Appe^al^Sr
Re^ptyvne^ ofthesCA... ccmtcL.
If applicatLcna/
KRIA provides for two levels of appeals:
■ In case of delay, false, incomplete or no information, the
applicant can appeal to a designated "Appellate Authority"
(AA) within 30 days
■ AA is an authority who is ’immediately superior to the CA’
■ AA must decide on appeal within 30 days of its receipt and
after hearing the appellant
■ A A can levy a penal+y of upto Rs. 2000 on the CA and
disciplinary action after a hearing
■ Person aggrieved by order of the AA can appeal to the
Karnataka Appellate Tribunal (KAT)
■ The Tribunal should dispose appeal within 30 days of its
receipt
■ If the CA does not have the information, she/he shall NOT
return the application, but must transfer it to the
official/public authority that has the information within 15
DAYS. Sne/ he must also inform this to the applicant in
writing
■ The new CA must furnish information within 15 DAYS of
date of receipt of application
If applicaticnv returned/
■ CA can return application if incomplete/defective; purpose
not clearly stated or information not readily available
■ A fresh application with the required changes can be filed
once again
13
14
RTI Succeed Stories
Appfiai^Ex P&nodtie^... ccnxtd/.
Appeals format
Appeals to the AA should include a copy of the order appealed
against, if any, <5 contain the following details:
Name and address of applicant and particulars of CA
1.
2.
Date of receipt of order, if any, from the CA
Grounds of appeal
3.
Relief which applicant claims
15
■ In Delhi: Bhupesh Kumar used RTI to see his Class XI
English paper, in which he had 'failed'. In 2 months, his
papers had been rechecked A he was promoted.
■ Maharashtra: In Satara, a school teacher has got
information 55 times under the R1T Act - and exposed
irregularities up to Rs. 1.5 crore in the process of renewing
leases on government-held properties - he also got a
temporary stay on the process.
■ Karnataka: A citizen used KRIA to get his electricity
connection, which was denied as he refused to pay a bribe.
Within a few days of filing his application, he got his
electricity connection!
■ Karnataka: Wilson Pais of Bangalore filed the first writ
petition in the Karnataka High Court against non-supply of
information by BMP and won the case. He will now approach
the KAT to seek redress against the orders of the AA.
16
Kow ca^vKRIA help yatv?
You can use KRIA to check:
■ On government expenditure in your area - by asking for
information on public works
■ On the status of a complaint made - electricity, roads,
ration, etc.
■ Details of expenditure on works undertaken by your
MLA/panchayat
■ Ration registers to see if rations are reaching the intended
beneficiaries
■ Whether garbage bins in your locality are being cleared
regularly
■ Whether free drugs & medicines are actually reaching the
poor in urban & rural health centres
■ How much money is received A how much is spent on Central
& State government schemes - education, employment, mid
day meaf, etc
17
Public Affairs Centre, 422, 80 Feet Road, VI
Block, Koramangala, Bangalore - 95
Ph: 080-25537260/25525452/53
"IgkrtorcuTGe- Ly lylL&i', lytct ?onznvle<i^e- l*'power”
"If utafcn'tncctL&ia/ a^td/ i^uywl&d^e' cu'e/ central/ ter
clewtovrc^cy, they are-the/ condj^ZtOn^/or
fieA/elopFHerZ:"
Kofi'Arma^v, 7°^ SecreZcuy- (Je^iercdzo^the/UnZte^i'
biatiom-cMxcbZOOl Nobel/PecKX'pt'i^e'
Ik
3
Right to Information
Act of 2005
A Primer
¥
/
National Campaign for People's Right
to Information
2005
bo you wonder
Why the ration shop in your
your vmage/town/area
village/town/area never
never has any ration?
'
hJ no funds? Pa"Chayat’ °
°« M
orr municipality d
does
so II"1* °"‘l
’
oTthe’ surbehL7thd0C,O,r aLthe pr,m°ry heal,h
claims that they
°"d no health worker
gt The sub-health cent er/dispensary?
•
thrre are no med,c,"es in the health centers/hospitals?
Where have all the teachers in the government schools gone?
Why are the streets and colonies in your town/city so dirty?
Why the roads in your area in such a pathetic condition?
•
Pe°Ple dy'n9 °f starvatiori ‘i various parts of the country?
Why, when so much money is supposedly being spent on our welfare, there are still
’
•
so many people who live in abject poverty?
country hold their government and public servants accountable, so that they are forced to
—-
government of responsibility like
°Up™
Xm r.Vzr''public tr~a"i,s b“™’s"
But how do we hold the government accountable?
even begin to make the government accountable if we do not have the basic
information regarding government decisions and functioning. The Right to Information Act
that was passed by Parhament in May 2005, empowers us to do just that
It g'ves us the right to question our government and get information about matters that
a eet us
thousands of ..ays. Used innovatively, this information eon then be use
hold our government accountable.
2
to
How does the Right
to Information (RTI) Act help us?
expose
Under the RTI Act you can:
■
demand from the government information i
' ' '
pertaining
to any of its departments.
Demand photocopy of
contracts payment
The c
------government
Spe„ds so „uch
~
developmental works ii
m your area. You should ask for
the details of all the works carried out by the
ponchayat/municipal council m your area. How much
money was spent? On what
was it spent? Similar
information was asked by people in different parts of
Maharashtra, Rajasthan and
Delhi.
When the
information was physically verified, it turned out that a
number of works existed
----- J only on paper. Won't you like to
, measurements
of engineering works etc.
*
demand from the
government samples of
material used in the
construction of roads, drains,
buildings etc.
"
demand to inspect any public
development work that may
be still under construction or
completed.
construction drawings, records books
■
Demand to
• - f-inspect government documents-
■
and registers etc.
Demand status of yi
our requests or complaints.
against any wrong-doing and they are not actino on
comPlc>mt against any official or
Information Act to know the status of your aoolLf
C°mplaint? y°u can use ^e Right to
! them to act.
Y
PPllcat|on. Sometimes, demanding the status forces
Salient features of Right to Information Act 2005
paaZXr^
3
are established, constituted, owned, controlled or substantially financed, directly
or indirectly,
by the state or central government (section 2(a) (h)).
In each department, one or more officers have been designated as public information officers
accept the request forms and provide information sought by the people (5(1)).
In addition, in each sub-district level there are assistant public information officers (APIOs)
who receive requests for information and appeals against decisions of the public information
officers, and then send them to the appropriate authorities (5(2)).
Any person seeking information should file an application in the prescribed format with the
public information officer/assistant public information officers (6(1)).
Where a request cannot be made in writing, the PIO shall render all reasonable assistance to
.
the person making the request orally to reduce the same in writing (6(1)).
Where the applicant is sensorily challenged, the public authority shall provide assistance to
enable access to the information, including providing such assistance as may be appropriate for
the inspection (7(4)).
F
The applicant is not required to either give any reasons for requesting the information or any
personal details, except for those required to contact the applicant (6(2)).
•
A reasonable application fee, as prescribed, will be charged for each application and for supply
of information. However, no fee is chargeable from persons below the poverty line (7(5)), or if
the information is provided after the prescribed period (7(6)).
Information sought from the PIO has ordinarily to be provided or refused within 30 days
Information regarding the life or liberty of an individual has to be provided within 48 hours
(7(1)). That sought from an APIO in 35 days (5(2)).
In case a person fails to get a response from the PIO within the prescribed period or is
aggrieved by the response received, he/she may file an appeal within 30 days with an officer
superior in rank to the PIO (19(1)).
In case the appeal is allowed, the information shall be supplied. If it is not, then the applicant
has the right to appeal within 30 days to the Central or State Information Commission, for
information regarding the central or state government institutions respectively (19(3)).
If a PIO fails to furnish the information asked for under the Act or fails to communicate the
rejection order, within the time specified, the PIO shall be liable to pay a
penalty of Rs 250
per day for each day of delay, subject to a maximum of Rs 25,000 (20(1)).
The Information Commission can also require the public authority which has illegitimately
delayed/demed information to compensate the complainant for any loss or other detriment
suffered (19(8)(b)).
In case a PIO:
i.
without any reasonable cause and persistently, fails to receive an application for
information or does not furnish information within the time specified,
ii.
or malafidely denies a request for information,
iii.
or knowingly gives incorrect, incomplete or misleading information,
iv.
v.
or destroys information which is the subject of a request,
or obstructs, in any manner, the furnishing of information,
the information commission1 <
shall" recommend disciplinary action against the concerned public
information officer, under the service rules applicable to him/her (20(2)),
4
Using The Right To Information
Having Your Complaints Attended to without Paying a Bribe
t)o you have a pending work in any government department^ Are they not doing your work and
expecting or demanding a bribe? Did you file any grievance petition in a government department
but they are simply not acting on it?
Did you make any complaint against any official or against any wrong-doing and are they not acting
on your complaint?
Use your Right to Information to know the status of your application. Sometimes, mere asking of
the status makes them work. For example
Getting an Electric Connection
Ashok Gupta applied to the Delhi Vidyut Board (DVB) for a new electricity connection, in February
2001. Because he refused to pay a bribe, for a year no action was taken on his application. In
February 2002, he filed an application under the RTI Act. In his application, he asked for the
following information:
•
the daily progress made on my application till date.
the names and designations of the officials who were supposed to take action on my application
and who have not done so.
As, according to the Indian Electricity Act, an applicant should get a new connection within 30
days of application, are these officials guilty of violating the Electricity Act?
•
As these officials have caused mental tension by not providing the said connection
in time, are
these officials guilty of harassing the public?
•
Does the DVB plan to take any action against these officials?
•
If yes, in how much time?
•
When will I get my connection?
In March 2002 he was granted a new connection. It was almost miraculous. How did this magic
happen? In ordinary circumstances, such an application would have been consigned to the dustbin.
But the Delhi Right to Information Act says that the salary of the official who does not provide
information in time would be deducted at the rate of Rs 50 per day of default. Hence, they had to
reply to this application. Since, it was not easy to reply to these questions, they immediately did
the pending work of the applicant.
Getting a Ration Card
Nannu is a daily wage earner. He lives in Welcome Mazdoor Colony, a slum habitation in East Delhi.
He lost his ration card and applied for a duplicate one in January 2004. He made several rounds of
the local Food & Civil Supplies office for the next three months. But the clerks and officials would
not even look at him. Ultimately, he filed an application under the Right to Information Act asking
for the daily progress made on his application, names of the officials who were supposed to act on
his application and what action would be taken against these officials. Within a week of filing
application under Right to Information Act, he was visited
visited by
by an inspector from the Food
5
Department, who informed him that the card had been made and he could collect it from the
office. When Nannu went to collect his card next day, he was given a very warm treatment by the
Food A Supply Officer (FSO), who is the head of a Circle. The FSO handed over the card to
Nannu, offered him tea and requested him to withdraw his application under Right to Information,
since his work had already been done.
How con you also solve such problems?
Just as an example, let us assume that you applied for a new water connection about a year back,
but you have not been granted the connection. Under the Right to Information Act seek
information on the following lines:
I had applied fora new water connection about a year back, but have not received the same. Copy
of the receipt of the same is enclosed for your reference. Please provide the following information
with respect to the same:
1. Please provide the daily progress report made on my application.
2. Please give the names and designations of the officials with whom my application was lying
during this period. Please intimate the periods when it was lying with which officer and what
3.
was the action taken by that official during that period.
Please give the proof of receipt and dispatch of my application in the office of each of these
officials.
4. According to your rules, in how many days should a new water connection be granted. Please
provide a copy of these rules.
5. The above officials have not adhered to the time limit mentioned in these rules. Are these
officials guilty of violating these rules and hence guilty of misconduct under their conduct
rules. Please give a copy of their conduct rule, which they have violated by violating the above
mentioned rule.
6.
These officials have caused serious mental injury to me by making me run around all this while.
7.
Are these officials guilty of causing mental harassment to the public?
What action can be taken against these officials for violating all the above rules and the
^conduct rules? Py when this action would be taken?
By when would I be granted my water connection?
Normally, it
difficult tor
for the
officials to
to these
questions as this would bring
ixiormaiiy,
it becomes
oecomes aitticult
the otticials
to reply
reply to
these questions
their inefficiencies and lapses on record in writing. A reply to these questions also has the effect
of fixing of responsibility.
Ensuring that Your Colony has Effective Sanitation Services
Ensuring that Your Sweepers in your Locality Come to Work
does your area remain dirty? The municipal sweepers rarely show up?
Asking for Sweepers Attendance Registers
If you also want to achieve this in your colony, fill up Form A prescribed under the Delhi Right to
Information Act and seek information on the following lines:
6
I live at (give your address). Please provide the following information with respect to the sanitary
conditions of the beat in which my house falls:
1.
Please provide the list of all the sweepers and sanitation officials with their addresses and
2.
contact nos working in this beat.
Please provicte copy of attendance register for this beat for the month of (mention the last
month).
3.
4.
Please provide copy of muster roll for this beat for the month of (mention the last month).
ease mention against each sweeper, his/her geographical and functional job responsibilities
for instance, which streets is a particular sweeper supposed to be working everyday and what
is he supposed to be doing in those streets.
After you receive the list of sweepers, you can inform the people in your area about the names of
the sweepers employed in respective streets. The people may like to keep a watch on whether the
sweeper is coming or not. Specific complaints could then be made to the authorities about which
sweeper was absent and when.
Ensuring that Your Garbage Bins
are Cleaned Regularly
Do you have a garbage bin in your area, which is not being cleaned regularly? Use the Right to
Information Act to seek information on the following lines:
There is a garbage bm at (give address of the garbage bin).
Please provide the following
information with respect to this garbage bin:
1
Tentf91^
2.
Please give the vehicle number of the truck and the loader
'Oader and trUck for ^garbage bin are
addreSS °f
from this garbage bin.
assigned for picking up garbage
beat reg'ster maintained at the Depot, please give the time when there
3'
vehicles left the Depot and at what time did they return to the Depot on each day from
4.
---------------- t0——— (mention the period for which you want this detail)
On each of
°t the day: dUr'n9
Per'0d' P‘eaSe mentlon the addresses of the garbage
bins, which were serviced by these vehicles.
9
9
5. Please give the numbers of trips made by this truck
•
z
—on each of these days
6. C
'
' ■
wei3ht °f ,he
7'
^k- -
!'IS.9Tb?9e
T
baS
been C'eaned f°r the ,ast______ dQys- The ^ea SI is supposed to
unott f51
9iVI"9 details
9^age left
ofk d
period.
8.
p,cked up by
worksh°P 51 is supposed to get such garbage
°f
°f
reP°rtS
by
51 f°r each d°y durin9
Does the balance report for each of these days mention that the garbage at this bin is not
being picked up? If no, why has th
te area SI not been mentioning the same?
i
7
Take hisaab from the government in your area
bo you wish to verify whether the money claimed to have been spent by the
government in your area was actually spent or not?
If you also want to similarly verify works in
details:
your area, fill up Form A and ask for the following
Please provide a list of all the works awarded by the panchayat/municipa! body in
area durmg the Financial Year-------------- . The list should contain the following details:
a.
b.
Name of the work
Work Order No
c.
d.
Name o f con trac tor
Date of start
e.
f.
Date of completion
Rate at which work awarded
g.
h.
Sanctioned amount
Amount paid so far
I.
Head of account
J.
Status of work
k. Basis for decision to undertake this work
/
Copy of sketch of each work
Oncz you get this list, take a preliminary look at each of these works. Make a list of those works
that you find m very bad condition or which seem not to have been carried out at all. File another
application and seek the following details for each of these works:
Please provide following details for each of the works mentioned in the enclosed lists:
1.
2.
De tails of estimates
Sketches
3.
Measurement Books including record entries and abstract entries
Now, you should carry out a detailed verification of these works on the basis of the detailed
documents obtained. This will give you the exact amount of defalcation. These findings could be
made public and submitted to various vigilance agencies or the findings can be presented before a
gathering of the local people. This is called a jansunwai.
(Please understand the following terminologies:
8
Work Order register: This is the register in which the basic de tai! of each work is written like
/ T6 .
'
Sanctioned- name °f contractor, date of start, date of completion
ec These details are written m this register in a tabular form. This is like a master register
which will contain the list of all the works carried out in any division
Mc^ocment Book: When a work is in progress, the Junior Engineer is supposed to physically
measure the work everyday and enter the progress made in that work in this book These are
caked record entries m a Measurement Book. When the work gets completed, the totals of
hese record entries are taken at one place in the measurement book and added up to prepare
the final bill These entries in this final bill are called abstract entries.)
P P
Inspect a government work
It often happens that an inspector from some government department comes to
mspect something or the other. But has it ever happened that a common man goes to
a government department seeking to inspect government works?
When through Right to Information Act, a citizen inspects government work or takes sample of
takes sample of
The^'ltf+thTa+/°rk' he/Sh£ dea'S “ SeVere bl0W +o
Practices by unscrupulous officials
™
™po"ers Qny cit,ze",0
»- ’<■
You can inspect an old work (which has already been completed) or a c
current ongoing work. If you
inspect an old work, you can expose corruption that might have taken pl
. lace. But if you inspect an
ongoing work, you will be able to prevent corruption from taking place.
mon'
±
P'aCe ,n rCC°rdS- F°r inStance'
100
road would be
been . th
°fflC'alSLWOuld fil1 UP 200 "^res and would make payment for 200 metres This is
ause the officials know that the corruption will remain in records and noone would come to
able^ b hl++hVen 'f thure 13 Q V'9llanCe °r aUd'+ insPection-the o^ials think that they will be
able to bribe their way through. But suppose, you file an application under the Right to
Information Act before the start of any work that you would like to inspect that work once it is
completed and would also take a sample of material of that work, the officials would know that
someone from the public is going to inspect their work. Now, they will not enter wrong
measurements in the records. They will also be careful m using inferior material if you have asked
RLhtTPTe f
Ima9'ne 'f Pe°P'e a" °Ver rnd'a S+art f ,lin9 Such applications under the
ght to Information Act. Wherever anyone sees any government work taking place in any area
ust file an application under the Right to Information Act saying that you would like to inspeci
to cLX.^ tQke Samp,e Of “ Whe" that
iS C-P'^. Thi/will act as a real deternent
If you also want to inspect old
or ongoing works, you can ask for the following information:
Section 2(J(i)) of the Right to Information Act gives a right to every citizen to inspect any
work.
I wish to
’ease let
Tshouid
t0inspecfthe
'nSpectthefollowing
followin9work(s).
^ork(s)Pl
Please
let me
me ki
know the date, time and venue when
I should come to inspect these works.
(give list of works that you wish to inspect)
9
2. I would also like to inspect the following documents related to these works at the time of
inspection. These records should be made available to me for inspection when I come for
inspection of these works:
a.
b.
Measurement Book
betails of Estimates
c.
Sketches
3. Section 2(j(iii)) also gives a right to the citizens to take sample of materia! I would like to
take sample of material for each of the above works. The sample should be collected by the
Department m my presence and should be sealed and certified to be a true sample of material
ot that work.
10
utilizat'6 n° t
7ailable' N°W yOU can use the Rl9ht to Information Act to find the fund
utilization position for your AALA.
SV“'" f t
*’kn<’"’h‘ de,<,"S °f “rkS ” "hich
MLA
and verify the
status of these works and whether these works were i
.
...
y
y
e
required at all by the people of that area.
Ask for the following details from the concerned department of your state government:
1. Please provide the following details for all the works awarded during the FV
constituency no---------- out of the MLA Constituency development Fund:
• Name of work
•
Brief Description of work
•
•
Amount sanctioned
Date of sanction
•
Status of completion
•
•
Name of agency
Date of start
•
Date of completion
•
Pate at which work awarded
•
Amount paid
tO
for
th‘ ^y^and^much has.been carried
d Out of the above, projects worth how much money have already been sanctioned?
4.
How many projects worth how much money are awaiting sanction?
5.
How much balance is left in his account?
How are corrupt.on cases being handled by the government?
pressurrC'ntS
a9ainSt 9°^"^ officials are often not acted upon because of
P essure. We can put pressure for action to be taken by asking the following questions:
1
^s°ffiCialS a9a'n.St Whom “""Plwts of corruption were received from
th
y quarrer durmg the Fys--------------- Also mention the allegations against each one of them
cTmpIdnant)^
C°mplaintS (If the lament wants, it may hide the details of'
3. Please intimate, which of these complaints
4. P'
of ,hese
6
7
enquiry reports on the basis of which the complaints were dosed
Tn uChn CaSeS haS pena' aCt'On been initiated? What penal action has been initiated?
Wh f CaSeS' Crim'nal C°mplaints have been filed? What is the status of these cases now?
caxs are pe"d'"9
You may like to file such an application in any department, where you feel that there is a lot of
corruption and no action is being taken against the guilty officials
f
11
How are public grievances being handled by the government^
Where public grievances are not attended to by the concerned government officials we can hold
them accountable by seeking the following information.
'
Please give a list of all the grievances received from the public during Fys
1.
2 Please give copies of all these grievances.
-------------
3. What action has been taken on each one of these so far?
4. As per rules and law, in how much time should each one of them be resolved?
5.
(pr‘scr'bXX' OfMa'S if ,h‘r d° mt °dl'er‘ ,o th^
6. Ma’taXZ
are the reasons for delay m each of the grievances?
7. What action would be taken against the officials in each case
of delay?
You can ask these questions from any government department.
bo you have a broken road? Discovering that Roads Were Repaired only on Paper
would you also like to find out about the roads that you use? It so, you can ask the following
is a list of roads: (give the list of roads for which you want Information)
ques,l0ns:
Please provide me the following information with respect to the above roads:
1. ^ffd^feriOd
t0
toT~' hOW many timeS have repairs (both mmor
carried out on each of the above roads?
2.
major) been
dePartmentallY- Please provide the following information with respect to
each such work:
a.
Copy of relevant portion of stock register
b.
c
Copy of relevant portion of labour register
Exact location of spots where the work was carried out
d.
When was the work carried out
e.
What was the method of repair?
'■
What rrvi^z
was the composition of material used?
1/IC,
3. If the work was done through
i a contractor, please provide the following information with
respect to each such work:
a. Copy
I
of measurement book (both abstract entries <3 record entries)
b.
Copy of sketch
d.
Copy of details of estimates
If there was any guarantee clause in the contract, copy of that portion of the contract
which mentions this guarantee clause and the conditions in which this clause can be
invoked.
e.
Names of the Assistant Engineer and the Executive Engineer who inspected each of
these works and passed payments.
f. Has the guarantee clause been invoked till now? If no, why despite the fact that the
4.
roads are in such bad condition.
The roads are totally broken these days. Please,give reasons for the bad condition of each of
hese roads (please mention specific reasons for each road separately).
5. I want to take sample of material of each of these roads under section 2(i(iii)) of the Riaht to
Information Act. The sample should be collected from the place of my choice It should be
collected m my presence and should be sealed and certified. Please intimate me the date time
6.
and venue where I should come to collect the samples.
When will these roads be repaired?
12
National Campaign for People's Right to Information (NCPRI)
The National Campaign for People's Right to Information (NCPRI) launched in 1996 seeks to
th
t .
9 '
seeks t0 fl3ht corruption and social apathy, to make governments
and other .„SMuf,ons a„d age„eies hQvlng Qn
on pubfc
hum9”e“tS-
accountable to the people, and to promote efficiency and frugality. The NCPM is committed to
support participatory, just, secular and humane democracy.
interQC* "'th the
msthutioTnVo±V°UrST.,° "nStan"y
“i’h "^r
tutions and agencies. It campaigns for the enactment and use of a right to information law
a is effective and accessible to all, and supports people's efforts at developing the ability and
at d.sXmXX R^l '
'nfOrmat'°n f°r addreSS'"9 individual
^-al problems. It works
ssemmating the RTI law and encourages and supports the development of materials related to
ansparency and governance, the raising of awareness about the fundamental value of
t'o fZ 'tV
°f
tHe
UP °f
dear^g houses It seeks
further the cause of transparency by adopting other direct and indirect methods including the
filing of information reguests, the fighting of lego, cases, and the hoidmg of public he“ gs
nc NCPRI seeks to actively ..ork „ith other progressive campaigns and movements and in
solidarity with other progressive elements of society.
Our Working Committee:
Shailesh Gandhi, Suman Sahai, Vishaish Uppal, Shekhar Singh (Convenor)
Our contact details:
Notional Campaign for People's Right
to Information (NCPRI)
C 17A Munirka, New Delhi 110 067
Phne: +91 (0)11 26178048, Fax: 26168759
shekharsinqh@gmail.com
ncpri@qmail.com
www.riqhttoinformation.info
13
THE RIGHT TO INFORMATION ACT, 2005
4 /A
The Government of India has enacted the Right to information Act (RTIA) 2005 with the
objective of promoting transparency and accountability in the government. The RTIA
received the assent of the President on 15th June 2005. Some of the provisions came into
effect from the same date and other sections have come into force from 12th October 2005.
This reference guide is prepared for those who have attended training on use of RTI
To Whom Does the Act Apply?
The RTIA applies to the whole of India except the
state of Jammu and Kashmir. It is applicable to an
authority or body or institution established or
constituted by the constitution, law made by the
parliament or the state legislature or by notification
issued by the government.
The RTIA is also applicable to any body which is
owned and controlled or substantially financed by the
government and also NGO organsiations substantially
financed directly or indirectly by the government.
These are called public authorities in the "Act"
To whom does the act not apply?
The RTIA is not applicable to 18 intelligence and
security organizations established by the Central
government. The list of these organizations is given in
the second schedule of the Act. Even these
organisations have to provide information relating to
allegation against corruption and violation of human
rights.
What is Information as per the Act?
The word Information is broadly defined and
includes records, documents, memos, emails,
opinions, advices, press releases, circulars, orders,
log books. Contracts, reports, papers, samples,
models and data material held in any electronic form.
e
information in the form of printouts, disks, floppies,
tapes, video cassettes or in any other electronic from
is also included as rightto information.
How to access information under the
RTI
There are two ways in which you can get the
information. Public Authorities are required to publish
certain information on their own. This should be made
available to the public. The second method is to obtain
information by applying to the Public Authority along
with the prescribed fee.
Who will provide the information
Every Public Authority is supposed to nominate
Public Information Officers (PIO) and or Assistant
Public Information Officers (APIO). These officials are
responsible for giving the information.
How to Apply
Application on a plain paper should be submitted to
the concerned PIO. Though the Act does not specify
any particular format for the application, the
government has specified a format in the rules.
Will the application be acknowledged?
Yes. It is obligatory on the part of the PIO to
acknowledge the application.
What does right to Information mean?
The word Right to information" includes the right to
inspect works, documents and records. You can also
take notes, extracts or certified copies of documents,
records and samples of materials. Obtaining
Should the purpose of seeking
Information be declared?
The applicant need not disclose for what purpose
he/she is seeking information.
*
How is the application processed?
How many days does it take for the PIO
*
:o provide the information?
When an RTI application is made three things can
happen
Application is accepted
As soon as the application is received the
concerned PIO will ascertain whether the requested
information is held by him and can be provided as per
the Act. If a decision is taken to provide the
information the PIO will intimate the applicant of the
following
The required information is to be provided within
30 days of the receipt of the application. However the
period intervening between the dispatch of the
intimation about the amount and payment of fee shall
be excluded for the purpose of calculating the period
of 30 days.
Where the information requested for concerns the
life and liberty of a person, the same shall be provided
within 48 hours of the receipt of the request.
the
In case the application if submitted to the APIO an
additional 5 days (30+5) is allowed
• The method of arriving at the above mentioned
amount
In case of information relating to third parties the
time limit is 40 days
• The applicant's right to review the decision as to the
amount of fees charged or the form of address
provided
Is there any exemption for payment of
fee?
• The particulars of the appellate authority and the
time limit forappeal against the decision of the PIO
Citizens who are below the poverty line need not
pay any fee or amount to obtain information. A person
claiming such exemption shall produce a valid
certificate of the same.
• The amount to
information
be
remitted
for getting
Application is transferred
In the case the requested information is available
with another PIO the application will be transferred to
that PIO. Such transfer shall be made within five days
of receipt of the application. The PIO will inform the
applicant about the transfer.
The application is rejected
Also in cases where the PIO fails to furnish the
information within prescribed time the information will
be provided free of charge.
Can information about third parties be
accessed?
»
If the PIO fails to give a decision on the request
within the specified time period, he shall be deemed to
have refused the request.
In case the PIO decides to reject the application he
has to intimate to the applicant the following
Information relating to third parties will be given
subject to the following conditions:
After the application is received requesting for
information concerning third parties, the PIO will send
a notice within five days to the third party and seek
his/her views. The third party will be given a chance to
make a representation before the PIO within 10 days
from the date of receipt of such notice.
• The reason for such rejection
• The period within which an appeal against such
rejection may be preferred
Depending on the representation of the third party
the information will be given or rejected. The whole
exercise should be completed within 40 days from the
receipt of the application.
• The particulars of the appellate authority
If public interest out weighs the interest of the
third party, the information may be disclosed.
What is the Cost of information?
Government of Karnataka Rates
Nature of the Document
Rate fixed by Government of Karnataka
_____
Rs.2/- for every page________ ____ ___________
Reasonable fee to be fixed by the PIO depending
upon the cost of labour and material required.
A4 Size paper
___________
_
Maps, plans, reports, a partial record or any
technical record or any technical data or sample
of models
_____________
Inspection of records and documents
No fee
a) first hour
b) Subsequent half an hour or any fraction
thereof
Rs.20
Reasonable fee to fixed by the PIO depending on
the cost of labour and material employed
c) Inspection of works
Diskette or floppy of CD or in any other
eIectronic mode______
Central Government rates
Rs.50 per diskette
Rate fixed by Government of Karnataka
Nature of the Document
____
A4 or A3 Size paper ( created or copied)
Rs.2/- for every page________ ________________
Reasonable fee to be fixed by the PIO depending
upon the cost of labour and material required.
Large Size paper
Larger size paper________________
Samples or models
Actual cost / price______________________
________
_
Actual cost price________ _________ ___________
______
Inspection of records and documents
No fee
d) first hour
e) Subsequent half an hour or any
raction thereof_____________
Diskette or floppy of CD or in any other electronic
mode
Rs.5
Rs.50 per diskette
•
What information will not be disclosed?
The following information will not be disclosed
•
Information which affect the sovereignty and
integrity of the state
•
Information, which is expressly forbidden by any
court of law
Cabinet papers, including records of deliberations
of the council of ministers, secretaries and other
officers (subject to certain conditions)
However the public authority may allow access to
information if public interest in disclosure outweighs
the harm to the protected interests
Is partial disclosure allowed?
•
Information which could cause breach of privilege
of parliament or the state legislature
Records which contains information which is not
exempt from the disclosure will be provided
•
Commercial confidence,
intellectual property rights
What is the appeal process?
•
Information received to a person in his fiduciary
relationship
•
Information received from a foreign government in
confidence
trade
secrets
and
•
Information that would endanger safety of any
person
•
Information that
investigation
would
impede
process
of
P
Two stages of appeals are provided in the Act. The
first Appellate Authority is the officer senior in rank to
the PIO concerned. The second appeal is to the Central
or state information commission
What is time limit for filing the appeals?
0
The first appeal should be filed within 30 days from
the expiry of the prescribed time limit or from the
receipt of the decision. Second appeal should be filed
within 90 days of the date on which the decision was
given or should have been given by the first appellate
authority.
Third party appeal must be filed within 30 days
before the first appellate authority and within 90 days
before the second appellate authority.
What are the functions of the
Information commission
The information commission receives complaints
about the implementation of the Act, order inquiry;
secure compliance of its decision, reporting to the
government etc.
What is the jurisdiction of the courts?
Lower courts cannot entertain disputes against the
decision of the Information Commission. However
jurisdiction of the high courts and Supreme Court
under article 23 of 225 is not affected
Is there a penalty?
Every PIO will be liable for a fine of Rs.250 per day
uptoa maximum of Rs.25000 for
1. For not accepting an application
2. delaying information without reasonable cause
3. Malafidely denying information
4. Knowingly giving incomplete,
misleading information
or
incorrect
5. destroying information that has been requested
6. obstructing
manner
furnishing
of information
in
any
The Public Information Officer
Name of the Applicant
Complete Address
• Particulars of the information requested
• Period for which the information pertains to
• Other details ( if any)
Details of application fee of Rs. 10/- remitted (Indian postal Order/ DD/ Banker's cheque no. and date
Cash receipt no. and date (if remitted by cash)
Signature of applicant
Place
Date
Note: The above guide is prepared only to assist citizens in using the RTIA. This should not be taken
as an alternative to the Act. Readers are advised to consult the Right to Information act 2005
before taking any action based on this guide
CPMG/KA/'BG-GPO/13720Ce-(E
iBWS 2006
^oK^cb,
e^esot^ no, joos? (e^abo^ or,
nr^^.)
■efo. oms
Department of Personnel and Administrative Reforms Secretariat
NOTIFICATION
No:DPAH:74FlT!2005 (Part-2) Bangalore, dated: I t th Ocotober-2005
In oxerdse of the powers conferred by sub-section (1) and (2) of section 27 of the: Right to
Information Act, 2005 (Central Act No 22 of 2005), the Government of Karnataka hereby makes the
following rules, namely:1. Title and commencement.- (1) These rules may be called the Karnataka Right to Information
RuteS!:2005. jT
; .
Ujm '
.• ■ :
' •
' || |' |1
i
(2) They shall come into force with effect from the date of their publication in the official Gazette.
2. Defin«tions.- In these rules, unless the context otherwise requires,(1) "Act" means the Right to Information Act, 2005 (Central Act 22 of 2005);
(ii)” Section" means section of the Act.
S.Publication of certain other Informations etc; under section 4.- (1) The information under
section 4(4) shall be easily accessibte to the public. It shall be indicated on the notice board by the Public
Information Officer where these particulars are available . Further the public authorities can adopt any of the
methods provided under the Act for disseminating the information.
(2)The information so disseminated shall also contain the details of phone number, fax number etc.
of the Stat© Public information Officers and the Assistant State Public Information Officers of the office in
question.
4. Fee.- (1) Any person desirous of obtaining information under sub-section (1) of section 6.of the Act
shall make an application In Form-A or in any other format as far as possible containing the particulars:
specified under the format to the State Public Information Officer or State Assistant Public Information Officer
as the case may be along with an initial fee of Rs.10 with his application. Every officer receiving request
under the Act shall give an acknowledgement.
(2) (a) For providing information under subsection (1) of section 7, the fees for supplying the
information shall be charged at Rs.2/- for each page in respect of matters in A4 size paper.
(b) For providing information under subsection (1) of section 7, in the case of Maps, Plans, Reports,
a Partial record or any Technical data or Sample or Models, a reasonable fee shall be fixed by the State
Public Information Officer m each case depending upon the. cost of labour and material required to be
employed.
'JA h;.; by
''
(c) As regards inspection of records and documents, no fee for the first hour. For every subsequent
half an hour or fraction thereof, Rs«20/- shall be charged from persons making application with initial payment
as prescribed under rule 4(1) above. For inspection of works a reasonable fee shall be fixed by the State
Public Information Officer in each case depending upon the cost of labour and material required to be
employed apart from initial fees as prescrioed under rule 4(1).
(3) For providing information under sub-section (5) of section 7. the fees for supplying information in
Diskette or Floppy or C.D. or in any other Electronic mode shall be Rs.50/-
1
I
I
3
1
9
. ..
.= A
I
2
(4) The fee shall be collected in the form of Indian postal order or D.D. or Bankers Cheque or Pay
order drawn tn favour of the State Public Information Officer or in cash or by remitting it to the Treasury as
per Karnataka Financial Code (KFC),
(5) A person claiming exemption under proviso to sub-section (5) of section 7 shall produce a valid
certif icate issued by the concerned authority that he/she belongs to the Below Poverty Line category.
5. Salary and allowances and conditions of service of officers and employees of the State
Information Commission.- (1) The salary and allowances payable to the Officers and employees of State
Information Commission shall be on par with other State Government employees of equivalent rank.
(2) The rules governing conditions of service and disciplinary matter of the State Government
employees shall mutatls-mutandis apply to the employees of State Information Commission subject to
modifications specified in schedule to these rules.
(3) The method of recruitment shall" be in accordance with the provisions under K.C.S. (General
Recruitment) Rules, 1977 by Deputation of Government Servants of equivalent rank from any of the States
Civil Services or Public sector undertakings or by outsourcing:
Provided that the outsourcing shall be restricted to posts of Cleaning, Housekeeping, Home
Orderlies and. Security Guards.
6. Appeal under sub-section (1) of sectionlS.- (1) The Public Authority shall by notification specify
the designation of the officer to whom the appeals under sub-section (1) of section 19, shall lie.
(2) Every such appeal shall be accompanied by a copy of the order, if any, appealed against, and it
shall specify:(i) the name and address of the applicant and the
particulars regarding the State-;Public
Information Officer . appealed against .
(ii) the date of receipt of order, if any, from the State Public Information Officer appealed against:
(iii) the grounds of appeal: and
(iv) the relief which the applicant claims,.
(3)The Appellate Authority under sub section (1) of section 19 shall fix a day for hearing of the
appeal On the date fixed for hearing the appeal or on further date to which, the appeal may be adjourned,
the Appellate Authority shall alter hearing the parties pass such orders on the appeal as it deems fit.
/.Procedure in Appeals under sub -section (3) of section 19.- The provisions of rule 6 shall
mutatis -mutandis apply to an appeal preferred under-section 19(3),
. Schedule
Authority
Authority empowered to. impose penalties and
penalties which he may impose
empowered
Class of Posts
Appellate Authority
to
Authority
Penalties
appoint
2 ~~
1
3_________ 4
5__ ____
Senior Stenos /
Secretary of
Secretary of the State
(ii) to (iva) of Rule 8 of
State Chief information
Stends/Senior
the State. :
Information Commission
Commissioner
KCS{CCA)Rulas 1957
Assistants/Assistants/ Information Principal Secretary/Secretary
Junior Assistants/
Commission
to Government concerned /
Chief Secretary to
(v)to(vHi)of Rule 8 of
Drivers and any other
Disciplinary Authority
Government/ Appellate
KCS(GCA)Rules 1957
Group C posts
Concerned in the Parent
Authority Concerned in
Dept / Chief Executive of the
the Parent Dept / Board of
respective Public Sectors
Ihe concerned Public
Undertakings
Sectors Undertakings
I
Private
Secretary/Section
Officers /Under
Secretary
Secretary of
the State
Information
Commission
Peons/Other
group D employees
Under
Secretary to
the
Information
Commission
State Chief Information
Commissioner
Government/ Disciplinary
Authority Concerned in the
Parent Dept / Chief Executive
of the respective Public
Sectors Undertakings
(ii) to (iva) of
KCS(CCA)Rules 1957
(v) to (vlii) of Rule 8 of
KCS(CCA)Rules 1957
Government
Governor/ Appellate
Authority Concerned in
the Parent Dept / Board of
the concerned Public
Sectors Undertakings
Under Secretary to the
(i) to (iva) of
Secretary Information
Information Commission
KCS(CCA)Rules 1957
Commission
Appointing Authority of ths
(v) to (viii) of Rule 8 of
Concerned Appellate
concerned parent department KCS(CCA)Rules 1957
Authority in parent
Department
3
Form A (section 6(1) and 7(1) of the RTI Act, 2005
1. Full Name of the Applicant
2. Address
3. Details of the document/lnspection/Samptes required
4. Year to which the above pertains
5. Designation and Address of the Public Information
Officer from whom the Information is required
Place:
Date:
Signature of the applicant
I
By order and in the name of the Governor of Karnataka
K.R.BADIGER
Under Secretary to Government
Department of Personnel and Administrative Reforms
(Janaspandana Cell)
:
•1
:
^||
The Right to Information Act, 2005
A User's Guide
The Government of India has enacted the Right to information Act (RTIA) 2005
with the objective of promoting transparency and accountability in the
government. The RTIA received the assent of the President on 15th June 2005.
Some of the provisions came into effect from the same date and other sections
have come into force from 12th October 2005. This reference guide is prepared
for those who have attended training on use of RTI
To Whom Does the Act Apply?
The RTIA applies to the whole of India except the state of Jammu and Kashmir. It
is applicable to an authority or body or institution established or constituted by
the constitution, law made by the parliament or the state legislature or by
notification issued by the government.
The 'RTIA is also applicable to any body which is owned and controlled or
substantially financed by the government and also NGO organsiations
substantially financed directly or indirectly by the government. These are called
public authorities in the "Act".
To whom does the act not apply?
The RTIA is not applicable to 18 intelligence and security organizations
established by the Central government. The list of these organizations is given in
the second schedule of the Act. Even these organisations have to provide
information relating to allegation against corruption and violation of human
rights.
What is Information as per the Act?
The word Information is broadly defined and includes records, documents,
memos, emails, opinions, advices, press releases, circulars, orders, log books.
Contracts, reports, papers, samples, models and data material held in any
electronic form.
---------------------
What does right to Information mean?
The word Right to information" includes the right to inspect works, documents
and records. You can also take notes, extracts or certified copies of documents,
records and samples of materials. Obtaining information in the form of printouts,
disks, floppies, tapes, video cassettes or in any other electronic from is also
included as right to information.
How to access information under the RTI
There are two ways in which you can get the information. Public Authorities are
required to publish certain information on their own. This should be made
available to the public. The second method is to obtain information by applying to
the Public Authority along with the prescribed fee.
Who will provide the information
Every Public Authority is supposed to nominate Public Information Officers (PIO)
and or Assistant Public Information Officers (APIO). These officials are
responsible for giving the information.
How to Apply
Application on a plain paper should be submitted to the concerned PIO. Though
the Act does not specify any particular format for the application, the government
has specified a format in the rules.
Will the application be acknowledged?
Yes. It is obligatory on the part of the PIO to acknowledge the application.
Should the purpose of seeking Information be declared?
The applicant need not disclose for what purpose he/she is seeking information.
How is the application processed?
When an RTI application is made three things can happen
Application is accepted
As soon as the application is received the concerned PIO will ascertain whether
the requested information is held by him and can be provided as per the Act. If a
decision is taken to provide the information the PIO will intimate the applicant of
the following
•
•
•
•
The amount to be remitted for getting the information
The method of arriving at the above mentioned amount
The applicant right to review the decision as to the amount of fees
charged or the form of address provided
The particulars of the appellate authority and the time limit for appeal
against the decision of the PIO
Application is transferred
In the case the requested information is available with another PIO the
application will be transferred to that PIO. Such transfer shall be made within five
days of receipt of the application. The PIO will inform the applicant about the
transfer.
The application is rejected
If the PIO fails to give a decision on the request within the specified time period,
he shall be deemed to have refused the request.
In case the PIO decides to reject the application he has to intimate to the
applicant the following
•
•
•
The reason for such rejection
The period within which an appeal against such rejection may be preferred
The particulars of the appellate authority
How many days does it take for the PIO to provide the
information?
The required information is to be provided within 30 days of the receipt of the
application. However the period intervening between the dispatch of the intimation
about the amount and payment of fee shall be excluded for the purpose of
calculating the period of 30 days.
Where the information requested for concerns the life and liberty of a person, the
same shall be provided within 48 hours of the receipt of the request.
In case the application if submitted to the APIO an additional 5 days (30+5) is
allowed
In case of information relating to third parties the time limit is 40 days
Citizens who are below the poverty line need not pay any fee or amount to obtain
information. A person claiming such exemption shall produce a valid certificate of the
same.
Also in cases where the PIO fails to furnish the information within prescribed time the
information will be provided free of charge.
accessed?
Information relating to third parties will
be given subject to the following conditions:
S days from th”da«
™
XTedn?h0enw^loePreSentatL0n °f the third Party the information will be given or
thi ap^dfion
be C°mpleted within 40 d^
theV^p? of
disXsed1015"6^ °Ut Wei9hS thS intereSt °f the third party' the information may be
What is the Cost of information?
Government of Karnataka Rates
Nature of the Document
A4 Size paper_____________
Maps, plans, reports, a partial record or
any technical record or any technical
data or sample of models
Inspection of records and documents
a) first hour
b) Subsequent half an hour or any
fraction thereof
c) Inspection of works
Diskette or floppy of CD or in any other
electronic mode
_Rate fixed by Government of Karnataka
Rs.2/- for every page______
Reasonable fee to be fixed by the PIO
depending upon the cost of labour and
material required.
No fee
Rs.20
Reasonable fee to fixed by the PIO
depending on the cost of labour and
material employed
Rs.50 per diskette
Central Government rates
Nature of the Document
A4 or A3 Size paper ( created or copied)
Large Size paper
Larger size paper________
Samples or models________
Inspection of records and documents
d) first hour
e) Subsequent half an hour or any
fraction thereof
Diskette or floppy of CD or in any other
electronic mode
Rate fixed by Government of Karnataka
Rs.2/- for every page
Reasonable fee to be fixed by the PIO
depending upon the cost of labour and
material required.
Actual cost / price
~~
Actual cost price
_____
No fee
Rs.5
Rs.50 per diskette
• 4?
What information will not be disclosed?
The following information will not be disclosed
•
•
•
•
•
•
•
•
•
Information which affect the sovereignty and integrity of the state
Information, which is expressly forbidden by any court of law
Information which could cause breach of privilege of parliament or the state
legislature
Commercial confidence, trade secrets and intellectual property rights
Information received to a person I his fiduciary relationship
Information received from a foreign government in confidence
Information that would endanger safety of any person
Information that would impede process of investigation
Cabinet papers, including records of deliberations of the council of ministers,
secretaries and other officers (subject to certain conditions)
However the public authority may allow access to information if public interest in
disclosure outweighs the harm to the protected interests
Is partial disclosure allowed?
Records which contains information which is not exempt from the disclosure will be
provided
What is the appeal process?
Two stages of appeals are provided in the Act. The first Appellate Authority is the
officer senior in rank to the PIO concerned. The second appeal is to the Central or
state information commission
The first appeal should be filed within 30 days from the expiry of the prescribed time
limit or from the receipt of the decision. Second appeal should be filed within 90 days
of the date on which the decision was given or should have been given by the first
appellate authority.
Third party appeal must be filed within 30 days before the first appellate authority
and within 90 days before the second appellate authority.
What are the functions of the Information commission
The information commission receives complaints about the implementation of the
Act, order inquiry; secure compliance of its decision, reporting to the government
etc.
What is the jurisdiction of the courts?
Lower courts cannot entertain disputes against the decision of the Information
Commission. However jurisdiction of the high courts and Supreme Court under
article 23 of 225 !s not affected
Is there a penalty?
Every PIO will be liable for a fine of Rs.250 per day up to a maximum of Rs.25000
for
1. For not accepting an application
2. delaying information without reasonable cause
3. Malafidely denying information
4. Knowingly giving incomplete, incorrect or misleading information
5. destroying information that has been requested
6. obstructing furnishing of information in any manner
Standard form for seeking information under RTI Act 2005
To
The Public Information Officer
Name of the Applicant
Complete Address
Particulars of the information requested
Period for which the information pertains to
Other details ( if any)
Details of application fee of Rs. 10/- remitted (Indian postal Order/ DD/ Banker's
cheque no. and date Cash receipt no. and date (if remitted by cash)
Signature of applicant
Place
Date
Note: The above guide is prepared only to assist citizens in using the RTIA.
This should not be taken as an alternative to the Act. Readers are advised to
consult the Right to Information act 2005 before taking any action based on
this guide
I-
CPMGI KA / BG-CPO /13 / 20034)5
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Director
programmers
Epidemic
Divisional
Control
Director
information
Health and
Chief Officer
planning
Malaria and
Divisional
filarial control
Director
_____ info._____
Medical Matters
Divisional
Transactions
Director
Eye Related
Divisional
Director
Physicians and
other staff
trainings
Divisional
Leprosy control
and control
centers
About Health
and family
welfare
publications
Fertility and
child care
Mother and child
Health
13.
14.
15.
16.
17.
Nutrition
Lokayuktha &
other
departmental
enquiries
finance
Dept Vehicles
Siuglcul mid
medical
equipments
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
18.
19.
20.
21,
Menial I leallh
Supply and
procurement of
__ medicines _
TB control
programmes
Food
adulteration
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
525!?. /APlOs and appellate authorities have been nominated
SI. No
Public Authority
1.
Su bject
Service Details/
Disciplinary
actions relating
to ABCD
categories of
authorities and
officials
2.
Public Health
Center
3.
4. ,
5.
6.
programmers
Epidemic
Control
information
Health and
9.
II.
12.
Director
Divisional
Director
Chief Officer
Medical Matters
Transactions
Divisional
Director
Eye Related
Divisional
Director
Physicians and
other staff
Divisional
trainings
Director
Leprosy control
______centers
About Health
and family
welfare
publications
Fertility and
child care
Mother and child
Health
13.
Nutrition
14.
Divisional
Divisional
Director
and control
10.
Chief Officer
Malaria and
filarial control
_______ info,______
7.
8.
Public
Information
Officer, Section
5 (1)
Lokayuktha &
other
departmental
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
Divisional
Director
enquiries
15.
Finance
16.
Dept Vehicles
17.
Surgical and
medical
equipments
Divisional
Director
Divisional
Director
Divisional
Director
APIO Under
section 5 (2)
Appellate
Authority
Section 19(1)
18.
19.
20.
21.
MciitnI I Iciilih
Supply and
procincinent of
medicines
I B control
programmes
Food
adulteration
Divisional
Diicclor
Divisional
Director
Divisional
Director
Divisional
Director
i /
; /
In Search of Self-Sufficiency the Field Experience of a
Department of Community Medicine
RAVI NARAYAN,
PARESH KUMAR
he Department of CommuJL nity Medicine of St John’s
up/with the discovery of a ‘model’
approach. In each area we tried to
build
the best possible approach
Medical College Bangalore, has
with
the
resources available
been involved with the development
following an informal process of
of community health projects in
analysing the local situation.
many villages of Karnataka. The
primary purpose of the depart
Case studies
ment’s involvement in health care
delivery was the establishment of
Village M: The first venture was
health centres for training intern
an
attempt to tag on a health
doctors who have a compulsory
function
to an existing successful
three months rural posting during
milk
cooperative.
Village M had
their rotating internship. This is a
responded
enthusiastically
to the
university and curriculum regula
promotion
of
dairying
by
the
gov
tion.
ernment.
Forty
five
per
cent
of
the
From the very beginning it was
families
owned
milch
animals
and
decided that health projects would
were members of a registered milk
be planned and evolved in such a
cooperative. The production of
way that the community would be
milk ranged from 2500-3000 litres
encouraged to participate in the
per day. The milk cooperative
financing and management of the
committees agreed to a health cess
centres. This decision arose from a
of three paisa per litre of milk to
pragmatic assessment of many
be deducted at source when the
other programmes that had been
payment to farmers was made. A
externally funded.
sum
of Rs 2500-2700 would thus be
Whether the fund was governmen
available
every month for a basic
tal or voluntary, private or foreign,
health
care
system.
it was found that the process of
The
health
fund
collected was used
external funding resulted in the
to
employ
a
doctor
and a nurse.
super-imposition on the local com
Three
villagers
were
selected for
munity of a system planned,
on
the
job
training
as
dai, dis
organised, budgeted and executed
penser
and
records
clerk.
Apart
for the community through deci
from
staff
salaries
the
fund
was
sions taken outside the community.
also
used
for
drugs,
rentals,
Such systems were often irrelevant,
travelling allowance and
and consisted of structures that
other materials.
were too costly, too unwieldly and
Resources like vaccines, vitamin
unrelated to local reality.
and iron supplements, contracep
From 1973-1983, the department
tives, surveillance of communicable
was involved with the development
of three health care programmes in diseases and health education files
and pamphlets were tapped from
three different areas. While each
government
health centres to avoid
project drew inspiration and
duplication.
The
college depart
caution from the previous experi
ment
provided
supportive
technical
ence, we tried NOT to get caught
32
supervision and posted interns to
assist the health team to various
activities. It also supplied some
equipment through courtesy of
UNICEF.
The health cooperative was man
aged by a committee consisting of
representatives of the milk coop
erative, the department of commu
nity medicine and the government
health department. This met every
month to plan the activities of the
centre.
Fifty five per cent of the families in
the village were not members of
the cooperative. These were
families that were involved in
sericulture (25 per cent) and
landless labourers and harijans (30
per cent). In order to ensure an
equitable and just availability of
health services to the member and
non-member sections of the
village, the following policy was
evolved.
Preventive and promotive services
which included immunisation,
vitamin and iron supplements,
ante-natal and post-natal check up,
chlorination of wells and so on was
made available free to all members
of the community. Curative
services were free for members but
non-members had to pay. A
section of the village through this
cooperative endeavour, were con
tributing the total costs of non
curative primary health care
services available to all. This was
an added and unusual benefit of
the scheme.
The leaders of village M showed
great foresight, entrepreneurship
and ability to .handle crisis. This
was very much evident in some of
HEALTH for the Millions June 1990
I
the decisions they took as the
cine was not called upon to invest
there was little dairy or sericulture.
programme evolved.
in a single brick in the village !
The church was an important
Six months after starting the pro
The relationship which evolved
feature of this village and had over
gramme the village leadership
between the villagers and leaders
the years responded to the needs of
boldly decided to sell milk to a
of village M and the professional
the people through sponsored
private party rather than the
staff of the centre and department
charity and distribution program
government dairy because of the
was one of respect and partnership. mes.
government’s indecision to change
The professionals had to change
It was decided to start a health
procui ment prices in spite of
their patronising and superior
programme funded initially by
increasing costs. This was done in
spite of the risk involved in the loss
Every new investment, whether it was for polio vaccines,
of certain subsidies promised by
refrigerator or even health education materials,
the government dairy. Even more
remarkable was the decision to
could be made only after the health committee was convinced
raise the health cess from three to
of the need This sometimes took weeks or months.
five paise per litre in view of the 25
In the years to come this patience resulted in a confident,
paise increase in returns per litre.
active and sound local leadership...
In later years there was a shift in
the economy of village M from
dairying to sericulture due to a
attitudes, often the result of
grants from the Women’s League
massive World Bank supported
‘professional education’, and get
and a foreign funding agency. A
programme in that district. Milk
used to discussing with the leaders
committee consisting of local
production decreased to 900 litres
and villagers as equals and co
leaders, the parish priest, the
per day and the health cess had to
workers. The health team’s role
Medical Officer of the project and
be increased to 15 paise per litre to changed from the traditional one
representatives of the Women’s
maintain committed costs. Sericul
of ordering, advising and prescrib
League and the Community
ture boomed in that area but
ing to a new way of sharing and
Medicine Department was formed.
efforts to cooperatise it had failed.
awareness building.
This committee, in addition to
The options available to the centre
Since the community was paying
managing the centre, was required
were to either close down or start
for the whole scheme, another
to initiate development program
charging for services irrespective of important learning experience
mes in the village which would
membership. Some money had
which the team had was on the
gradually contribute to the health
been saved over the years for
need for patience with representa
fund and take over some of the
investment in a chilling plant. With
tives of the community. Every new
costs of the programme.
decrease of milk production this
investment, whether it was for
Over the years the committee and
had become unnecessary and the
polio vaccines, refrigerator or even
more specially the medical officer
leaders with their usual foresight,
health education materials, could
and her husband, a social scientist
unanimously decided to invest the
be made only after the health
(both resident in the village)
money in a health endowment for
committee was convinced of the
initiated a poultry, a wpmen’s
the centre in fixed deposits in one
need. This sometimes took weeks
handicraft centre, a dairy and other
of the local banks. The health
or months. In the years to come
programmes. They organised a
cooperative thus became a health
this patience resulted in a confi
youth club and a women’s club to
endowment.
dent, active and sound local
plan and run the development
Nine years later, the village leaders leadership which was neither sub
programmes. The health pro
once again put aside some coop
servient nor dependent.
gramme which was initiated con
erative savings and tapped addi
currently concentrated on maternal
tional funds from a government
Village S: At the request of a
and child health and two village
scheme to invest in the construc
Women’s League, the Department
girls were trained informally as
tion of a permanent building for
adopted village S to organise a
health workers to assist the
the health centre as well as a
health programme. Unlike village
medical team.
medical officer’s quarter. Till then
M, the economy of village S was
However, all attempts at tapping
the centre had functioned in a a
very different. Most of the villagers local financial support for the
rented building. It is to the credit
were wage earners who had jobs in
health programme failed. It was
of the village committee that even
the city. They commuted to and fro neither possible to put a health
ten years after involvement, the
through a government bus service.
cess on development activities nor
department of community mediVery few families owned land and
convince the villagers to pay for the
June 1990 HEALTH for the Millions
33
services. Years of church spon
sored welfare had created a
stubborn dependence. In the past,
appeals to the Bishop routed
through proper channels had
provided most of their needs —
food, jobs, education and medi
cines. They failed to be convinced
of any need for self-support.
were keen to establish local health
centres. In each of them, village
health committees were formed to
manage and supervise the centre,
operate local bank accounts,
supervise funds. The assumption
made was that payment for sendee
even on a no-profit, no-loss basis
would run up a deficit if no patient
The village leaders participated in village committee meetings
enthusiastically, offering advice, providing frank feedback
and criticism, registering protest, offering support and
encouragement when necessary, sharing perspectives and
ensuring execution of decisions.
Villagers from neighbouring
hamlets were ready to make
contributions, including fee for
services but in the absence of any
participation from the two primary
villages attempts at self-sufficiency
were given up. To this day, the
centre continues to be funded from
external sources.
Villages of A-Block: In 1978, the
State Government affiliated a
government primary health (situ
ated in Community Development
Block A) to the community medi
cine department. This centre
catered to a population of 72,000
spread over 101 villages. For two
years the Department had a pro
gramme of supportive participation
in all the activities of the health
centre especially its maternal and
child health arid family welfare
programmes. Then it was decided
that the department team would
try and establish health care programmes in the sub-centre villages
of the block using a strategy
evolved from the experience in
villages M and S. These program
mes would tap village resources
and enlist community participation
in their organisation. They would
also complement/supplement the
extension work of the government
health centre auxiliaries.
Villages were identified, which
34
was to be refused treatment. Since
there was a sizable proportion of
the community who could not
afford even the minimal costs, sup
plementary collections were vital to
ensure the viability of the centres.
A nationalised bank was tapped by
the department for basic infras
tructural costs for initiating such a
programme. These included costs
of a jeep, a social scientist’s salary,
internship stipends and seed grants
per health programme for equip
ment and initiating a rolling drug
bank of Rs. 3000 per centre.
In about a year’s time villages
B,G,Y and H were identified and
four small programmes initiated.
Village health committees were
formed in all of them. These
committees found accommodation
for the doctors (interns from the
medical college) and the clinic. The
types of accommodation were a
village cottage, a room of the
village school, an unused parish
^priest’s quarters and a village
teacher’s quarters. Rules for
payment of services were drawn up
and a committee member was put
in charge of supervising collections
and maintaining accounts. Follow
up of defaulters was the responsi
bility of the committee.
Supplementary income was raised
by each village committee in
different ways. In one village
UKALPH for the Millions June 1990
donations were collected from the
village families: others made col
lections during festival time, put a
health cess on’a milk cooperative
collection, tapped, panchayat
funds, got a water diviner to
contribute his earnings during a
season, or contributed the pro
ceeds of a village drama to the
fund, and so on.
In addition to financial resources, a
host of other non-monetary resources were also contributed to
the centres. These ranged from
repair and maintenance of clinics
and residences with materials
obtained locally; hospitality for
visiting staff and specialists during
camps; assistance in the organisa
tion of formal and informal health
education programmes as well as
village dramas and street theatre;
prizes for baby shows; village vol
unteers for camps and clinics; par
ticipation of school teachers, dais
and youth clubs and women’s clubs
in organising programmes and so
on.
The village leaders participated in
village committee meetings enthu
siastically, offering advice providing
frank feedback and criticism,
registering protest, offering
support and encouragement when
necessary, sharing perspectives and
ensuring execution of decisions.
This active involvement in decision
making and management of the
centre turned out to be an impor
tant component of the dynamic
totality of self-sufficiency. No
doubt political wrangles, personal
ity clashes and differences of
opinion were part of the process
but the overall experience was
quite positive. Three village centres
continue to function to date. Only
one centre was closed down and
this due to local politics which pre
vented the committee from func
tioning effectively.
These three case-studies (seven
centres) represent a small attempt
in the search for self-sufficiency of
community health programmes. It
is important to clarify that these
r
tj
were evolving processes with
phases of smooth functioning and
points of crisis. More important
than the micro-level study and
analysis of these projects, is the
derivation of broad conclusions
based on the reality of these field
experiences which pertain to the
relevance and rhetoric aspects of
this whole quest for self-suffi
ciency.
Self-sufficiency: Relevance and
rhetoric
We are convinced that given an
open, informal, decentralised
approach, it is possible to initiate
and sustain processes of selfsufficiency in health care program
mes. Such processes can help take
over a substantial part of the
recurring costs of a programme.
Wider definition
of self-sufficiency
Self-sufficiency as a goal should
not be visualised in its narrow
definition of local finances or
monetary resources but must
include a host of non-monetary
material resources and human
resources in the community. In its
broadest sense, active participation
by representatives of the local
community in decision making in
the programmes should be a
crucial component of the goal of
‘self-sufficiency’.
Funding ‘process’ not ‘structures’
In the present socio-political
reality, funding from external
sources, be they government or
private, industrial house or foreign
funding agency will continue to
remain a starting point for health
care intervention programmes,
even those in quest of self-suffi
ciency. however, if such external
funds were used cautiously to fund
process rather than constructions’
or ‘structures’, then self-sufficiency
would make some headway. Large
buildings not only raise expecta
tions in villagers but convince them
of the vested interest that project
personnel will have in the continu
ity of an externally funded pro
gramme. Both these put a stamp
on future dependence and stimu
late local initiative to extract
advantage and exploit the project
rather than contribute to its future
support or development. In the
Indian experience, buildings are
quite often available for use in the
village. In our experience, invest
ment in brick and mortar is not
only unnecessary but also counter
productive to the quest of selfsufficiency.
Tapping government sources
Even when non-governmental or
ganisations are involved with.
health care programmes that aim
at self-sufficiency, our experience
has shown us the importance of
tapping all the available govern
ment resources as part of the
strategy. Apart from preventing
overlap or duplication of efforts,
tapping government resources,
especially if it is done through
generating pressure groups or
some degree of social activism in
the community, is almost always a
good policy. It ensures that the
NGO realises its catalyst role and
does not get carried away with in
stitutional or project development
nor the pursuit of an unrealistic
parallel services.
Maintaining status quo
Our experience evaluated from
the perspective of social justice for
the under-privileged and poorer
sections of the community raises
serious concern about the pursuit
of self-sufficiency as an end by
itself. If financial self-sufficiency
becomes a primary goal of the pro
gramme then this will ensure that
the main contact of the programme
will be with the existing leadership
of the village which in the Indian
situation consists of land owners
and rich farmers.
Two experiences clearly taught us
the subtle but definite way in which
this aspect of village reality
operates:
* When harijans and landless
labourers began to invest in milch
cattle, because jobs in sericulture
provided alternative green fodder,
the village leadership intervened by
closing cooperative membership
and forcing prospective members
to sell milk to the cooperative
rather than participate in it - thus
effectively keeping out the lower
sections and affecting the availabil
ity of health services to them.
* Another case in point was that
village leaders had agreed that Rs.
200 would be set aside every month
from the cooperative fund for
concessional or free treatment of
poorer sections in village M. When
there was an economic crisis due to
shift in economy from dairy to
sericulture this subsidy was slashed
making health services once again
inaccessible to the poorer sections.
Unethical Medical Practices
With the escalating cost of drugs,
health teams committed to quests
of self-sufficiency are often pres
surised to balance the budget by
resorting to practices such as
administering of unnecessary injec
tions and tonics, selling of physi
cians’ samples, prescribing unnec
essary drugs. These practices help
to increase the returns. However
even though these practices may be
directed towards the affluent
sections of the community, they are
in principle unethical in both a pro
fessional and a social sense and not
compatible with the principles of
community health.
i
(Continued on page 44 )
June 1990 HEALTH for the Millions
35
What next? A plan of action
At the end of four days, out of
the floating, colliding, and explod
ing of issues, a plan of action
somewhat miraculously emerged.
It addressed the workshop’s many
recurring themes. First, a commit
tee was formed to pursue the
acquisition of management skills
and the documentation of health
financing experience.
Second, a commitment was made
and a committee formed to
increase the sector’s advocacy role
in policy making; particular priority
was placed on regulation of the
private health sector.
Finally, the importance of of
continuing the debate over the
sector’s future directions was
asserted.
To this end, a second annual health
financing meeting was scheduled.
- Madeline Hirschland has been a
consultant with VHAI on health
financing. Her background is in the
financial management, administra
tion and politics of voluntary
organisations.
(This report is based on the work
shop papers listed below, presenta
tions, and give and take during
animated and often fast-paced
discussion. As the presenters alone
are explicitly referred to in the text,
we would like to acknowledge and
thank all the workshop participants,
many of whose ideas are included
above, for their contributions to this
evolving assessment of health
finance in the voluntary sector.)
Dave, Priti, “ Community and Self
financing Health Programmes;
Experiences from India’s Volun
tary Sector”
Duggal, Ravi, “Stats Health
Financing and Health Care
Services in India”
Ghosh, Sanjoy, “The Case of
Urmul Rural Health and Develop
ment Trust”
Jajoo, UN, “Financing of Health
Projects; Mahatma Gandhi
Institute of Medical Sciences: The
Sevagram Experienggl!
Mahapatra, Prasanta, “The Need
for Developing a System of Sub
Allocation pf Resources for Health
Institutions in Developing Coun
tries”
Menon, Raja, “Income Generating
Projects for Health Financing”
Menon, Raja, “Health rinanci n.. The CINI Experience”
Mukherjee, A.K., “Government
Funding of Health Care”
Kumar, Paresh and Ravi Narayan,
“In Sea:\ of Self-sufficiency; The
Field Experience of a Department
of Community Medicine”
Poddar, D.P., “Financing of Health
Projects: WBVHA CDMU Experi
ence”
Prabha, Sr., “Financing of Health
Care “ The Experience of RAHA
Berman, Peter, “Information
Needs for Programme Financing”
Rao, K. Yenkateshwara, “Financ
ing of. Jth Care - The Experi
ence o. /oluntary Health Services”
Berman, Peter and Priti Dave, 2
Experiences in paying for Health
Care - India’s Voluntary Sector”
Sharma, S.C., “Government
Funding of Healthcare Program
mes”
Bhagatt, A.K., “Management In
formation and Supervision”
Talwar, Prem P., “Strategies for
Development of Technical Skills
Among Voluntary Organisations:
Some Experiences”
44
(Continued from page 35 )
The goal of arriving at some sort
of a model project in one village
which can then be replicated in
every other village has plagued the
organisers of community health
programmes all over the world.
Our experience has clearly shown
that this pursuit of model ap
proaches is nonsense in reality.
In the final analysis, self-sufficiency
in terms of generating local
community resources, be they
monetary or material, should be an
important but not exclusive objec
tive of a community health pro
gramme. When it is exclusive it will
ultimately keep out the poorer and
under-privileged groups in society.
por self-sufficiency to mean much
to people and particularly the poor,
the good should be reappraised
and strengthened in its human
sense of participation in planning
and active decision making.
Community health programmes
would then strengthen the people’s
own ability to plan and organise
programmes for maintaining their
own health. These would mean an
increasing commitment to demysti
fying medicine, health education,
skill transfer, promoting autonomy
and improving group relationships.
Only such a process would make
the pursuit of self-sufficiency
‘relevant’ rather than ‘rhetoric.
- Ravi Narayan and Paresh Kumar
are both at the Department of Com
munity Medicine, St John’s Medical
College, Bangalore.
(This paper was first presented at
the ACHAN workshop on Self
sufficiency in financing community
health programmes - rhetoric or
reality” held at ECC, Whitefield,
Bangalore, in January 19&3. )
i
HEALTH for the Millions June 1990
4
Cover
Story
"Ho wever it is from the perspective ofthe poor
the 350 million and
and underprivileged
for whom health and
more people in India
wellbeing still remain a distant dream, that the
training ofdoctors and Health For All (HFA)
need to be reviewed. ”
draining of Doctors for India
Thelma Narayan*
Community Health Cell.
Bangalore
Promise of a New Dawn
W hen one thinks of medical care or
of health services, among the images
that come to mind, the doctor always
seems to play a major role. Medical
professionals, particularly doctors,
have held the centre stage in the health
care scenario. This is so particularly
from die points of view of planners,
adn Arators
.trators and doctors themselves,
themselves.
Other points of view, based on field
experiences, have been gaining.ground
during the past few decades. In 1978.
the world w ide acceptance of the goal
of Health for All (HFA) by 2000 A.D.,
with its concern for equity and social
justice, seemed to promise a new
dawn. It initiated fresh thinking on
several issues including that of the role
of a doctor. It has developed
multidimensional strategies of which
Reorientation of Medical Education is
one. Its terminology has now become
part of the consciousness and state
ments of Governments. NGO’s, medi
cal educators, health professionals,
development workers and social
* This article has been
activists. Even the private sector uses it
to its own benefit !
However it is from the perspective
of the pooi and underprivileged - the
359 million and more people in India
for whom health and wellbeing still
remain a distant dream, that the
training of doctors and HFA need to
be reviewed.
This article attempts to focus on a
few questions concerning medical
education What is the image of the
new doctor ? What has been the
Indian experience ? What are the
challenges; we face? What are the
positive initiatives that have been
developed ? and, What are the
negative trends ?
The need for a “new” doctor
The health status of people and
populations is determined largely by
socio-economic-political-culturalecological factors. At the family and
invididual level these translate into
income, occupation residence,
education and a host of cultural
factors. While curative medicine plays
an important healing and supportive
role in times of disease, the other roles
that a doctor can play need streng
thening. For example, they could be
pacesetters in making available know
ledge concerning the promotion of
health and the causative factors for ill
health, using the people's idiom and
culture. Thus they could uteach'\
"educate" and "liberate" from
unnecessary illness and suffering, in
the truest sense.
Several groups play a role in
shaping health and more specifically
health care services.
People themselves are crucially
important
in making decisions, in
being capable of looking after themselves and others, in living healthy
lifestyles if circumstances permit, and
in participating actively in and shaping
their own health. This calls for
different styles of functioning, different
viittcn with the support ol the community Health Cell Team
III
III
i Hl 11’
Health Action June 1991 *5
IT * in i ' ii iiTf'inr nirrnmiTw
-7-''
•
s
_____________i
perspectives, and different attitudes
especially of the health professionals,
Doctors probably require a change of
self image from being centre-stage to
moving to the periphery, to playing
catalyst, to learning from people and
building on their existing knowledge
and skills.
The contribution and role of the
silent majority of health workers is also
gaining increasing recognition. We
have a virtual army of different levels
of health “workers” — nurses,
pharmacists, laboratory technicians,
hea1*H supervisors, multipurpose
woi s, health educators, ANM’s
trained “dais” or birth attendants,
community health guides etc. For
i every medical officer of a Government
1 Primary Health Centre there are over
twenty workers. The GOI statistics say
that about 53,000 of all these grades of
workers are trained annually in the
country. Doctors need to be trained to
work with all health personnel as
democratic team leaders, outside the
hospital setting as well as in it, and also
to be able themselves to provide
relevant training to others.
We have a rich tradition of
indigenous systems of medicine viz.,
_Ayurveda,
r___ ____Siddha, Unani and also
‘ other systems of medicine, e.g.,
Hor apathy, Acupuncture etc.
| Besi^-o these, there is also a wealth of
■ local folk health practices. Doctors
need to move away from the present
condescending, superior and largely
ignorant position to a more openminded and scientific approach
involving these systems and their
practitioners in Health Care. This can
| only occur if serious efforts are made
< towards integration during the training
I phase in medical college itself.
As a result of far-reaching changes
I that are taking place in the philosophy
and practice of medicine and health
i care services, there seems to be a need
I for a redefinition and rediscovery of
‘ the role of a doctor in this more
complex and decentralized scenario.
Their formation needs to prepare them
more adequately for the new chal-
•/ -
j
I
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Story
I•
/
— Reduce didactic instruction and _
increase self-learning skills
— Set up All India Institute of
Medical Sciences to train
Prescriptions For Change
“teachers”
jn india, reflections regarding the
type of heaith care services and — Reserve 25
30% seats for me(jjcai education we need, predated
women
the HFA declaration at Alma Ata. — Provide subsidy and freeships for
They go back to the freedom
30%
movement,
— Stress research for full-time
teachers
The Nationalist Inspiration
— Refresher course for GPs
The Sokhey Committee on National — Increase training of Nurses
Health was set up by the National
Planning Committee in 1940. It
The Fifties and Sixties were witness
included many medical professionals
who were active in the Independence to a tremendous effort in infrastru- I
Struggle. A demand was made for the ctural development and expansion of
provision of comprehensive health training capacity. The Mudaliar
care by the state to all the people. They Committee (1959) recommended the
suggested the training of one health need for consolidation and the Patel
worker per thousand people within 5 report (1968)spelt out in greater detail
years. A longer term target was to have the qualities of a “basic doctor”,
one doctor per thousand people. This Numerous conferences and meetings
has not been achieved fifty years later, to discuss reorientation also took
They also recommended that the place.
Ayurvedic and Unani systems should
Rethinking Change In 1974 the
be part of our national health system. Government of India set up an expert
This too has not moved much beyond committee to review the Indian
apologetic rhetoric.
medical education scene.
The report of the Group on Medical
The landmark report by the Health
Education and Support Manpower
Survey and Development Committee
(Shrivastava Report, 1975), made a
(Bhore Committee, 1946), recomvery strong indictment of the system
mended the training of a “basic
and identified the challenges ahead i
doctor” to provide comprehensive
(See box 2).
j
health care to the vast rural population
of the country. The earlier licentiate
course was closed down. Several
important recommendations were
(Box 2)
made which formed the blue print for Diagnosis of the Problem
change in Health Care and Medical “the stranglehold of the inherited
Education (See Box 1).
system of medical education,
the exclusive orientation towards the
teaching hospital,
=
(Box 1)
the irrelevance of the training to the
The Shore Committee, 1946
health needs of the community,
— Expand medical education — the increasing trend towards specia- ■
more colleges
lization and acquisition of postgra
— Social and Preventive Medicine duate degrees,
departments in medical college
the lack of incentives and adequate
— A year’s “internship” after recognition for work within rural
community,
=
graduation
lenging roles they care called upon to
play.
S • Health Action June 1991
- ’S'
Cover
Story
the attraction of the export market for
medical manpower,
I are some of the factors responsbile
responsbile
( for the present day aloofness of
medicine from the basic health needs
of our people”
Srivastava report 1975
The Committee went on to offer its
I own prescription for change which
reinforced and went beyond the
“Bhore” blue print (See box 3).
(Box 3)
Sriv ava Committee 1975
— ‘ numanities and social sciences in
premedical
education to be
introduced,
— Principles of “Educational
Science” to be utilized,
— Skills of “Basic Doctor” to be
defined,
—Community orientation — as
.
overriding objective of change,
! — Community medicine teaching to
be joint endeavour of entire
faculty,
— GP’s to be involved in teaching,
— Internship in District and Taluk
hospitals,
— Continuing education for all
health professionals / workers”.
The Group considered it important
to create a structure — a Medical and
Health Education Commission —
charged with the responsibility of
bringing in the change process.
Unfortunately the major part of the
< recommendations of the Shrivastava
report were not implemented. In fact
presently, 15 years later, the majority
of “medical educators” (teachers) are
not even aware of the report or its
, contents.
The 1982 Statement on National
Health Policy ofthe G. O.I., recognised
that effective health care services
depend largely on the nature of
education, training and appropriate
orientation towards community health
of all categories of medical and health
personnel. It also stressed the need for
& National Medical and Health
Education Policy which would
move ahead with new directions, and
innovations.
At the national level therefore we
have very clear and unambiguous I
statements regarding future directions.
This
is reinforced at the South East
chart out changes in curricular
Asia
Regional level by the WHOcontent,
SEARO
reflections on Reorientation,
assess requirement of health
and
at
the
international level (See box
personnel according to regional
4),
by
the
Edinburgh Declaration of
needs,
the
World
Federation of Medical
ensure social motivation of all
Education
(reprinted
elsewhere in this
personnel towards health services,
issue). However the most important
and
aspect of policy is its implementation.
establish inter-relations between What has been the experience of
health personnel of various grades. translating polices to programmes of
change ? Are the prescriptions still
The first attempt to have a national rhetoric or reality?
level policy has been the Educational
Policy for Health Sciences, 1989,
(Bajaj report) which is still in the form
(Box 4)
of a draft report. The absence of a
national policy or commission on TRAINING THE NEW
Medical Education/education of DOCTOR .... THE SEARO
health personnel leads to adhocism REFLECTIONS
and anarchy at the ground level, with
“The new doctor will be the leader
market and political forces playing the
of a health team comprising various
major role, resulting in adverse effects disciplines and professionals, working
on the quality of medical education
in partnership with the community it
and medical care. The Medical serves. Training would prepare the
Council of India, MCI, provides doctor for the application of a limited
guidelines and recognition, but lacks
technology to preventive as well as adequate statutory powers to be a
curative interventions for patients
regulatory body. Health being a State predominantly from lower economic I
subject, medical colleges can start and and rural groups. The leadership role
function, having received affiliation by
would not be symbolic but rather
a local university and sanction from based upon managing, coordinating
the State Government.
and training skills.
Medical education to support this
There is a Bill in Parliament to
provide the MCI with more powers. It development would have to become
raises issues like providing autono- community-oriented, which would
mous colleges and institutions to allow mean students learning about care in,
them to innovate more freely. How- of and for the community. Curricula
ever, with all political instability of the would change to stress content
past 2 years, it has not yet seen the light relevant to Health for All and Primary
of day. During the 1980’s a few States Health Care. Teaching methods would
(Andhra Pradesh, Tamil Nadu* and become more flexible, integrated, and
Karnataka) have started or initiated problem oriented. Students would
the process of forming a State Level work in teams and in communities.
Health Universityto which all medical Their goal would be life-long, selfcolleges are affiliated. This helps in educative skills. Standards would be
providing some standardization of competency-based and linked to local
curriculum, examinations, etc. It is priority problems. Students would be
hoped that they will aso be able to selected to represent more closely the
Health Action June 1991 • 7
Cover
Story
_____________________________________■
socio-cultural circumstances in which
their skills would be needed, and
would be strongly encouraged to take
career directions consistent with
HFA/PHC. The overall emphasis
would be upon appropriate techno
logy and comprehensive health care
management.
New demands would be made upon
administrative structures for better
coordination between faculties, profes
sional bodies and communities be
cause community — oriented medical
education is like a three-legged stool
which) cannot do without any of
thes
SOURCE: Reorientation of Medical
Education, WHO-SEARO Regional
Publications No. 18 (1988).
From Rhetoric To Reality
Over 40 years of experience are
over. Where are we today ?
Fig No. 1
1987
I25MEDICAI COLLEGES
Qualified
7919
r
i
Admitted
iualifled \
4125
\
8646
:tni tied
55’8
Tulal admitted
Qualified
Postgraduated
Post
graduated
14,166
12,044
5,558
Source: Health Information India 1987
Where are the Doctors?
Mere numbers do not imply useful to take a look at the G.O.L
equitable distribution. Medical colle statistics on the doctor — population
ges are clustered in and around the ratio in different States and Union ■
large cities like Bombay, Calcutta, Territories. The figures for 1988 show
Madras, Delhi, Bangalore, etc. It is a wide variation in different regions. "
Figure 2
I How many Doctors?
There has been a quantum growth
in medical education and in the
training of health personnel of different
levels, since 1947. From 15 medical
colic 's admitting 1,200 students
(oth. than medical schools) before
1946, we today have around 140
medical colleges( of the allopathic
system) in the country. These form one
( tenth of allopathic medical colleges
i world-wide! Unfortunately, we do not
know the exact number of colleges as
of now. With rapid growth of
capitation fee colleges and other new
colleges in the 80’s, many of which are
not recognised by the Medical Council
of India, we have only an approxi
mation — viz., 140. The summary
picture given in the figure below
pertains to 125 colleges only. The
actual numbers will therefore be
( higher.
Doctor population ratio in India — 1987
z*xxx A.
__
l*xx X X xxx X X2!/^
's?i>>x xxxxxCq -. -.
* * K* XX
x x (J
xa(; X t
^>>cxx XXZ:
(7
^xxxCxxxx/
=
%
1: 1000
1: 1001-2000
1:2001-4000
1: 4000-6000
1:8000 +
Source: Health Information India 1989
i • Health Action June 1991
V.
■■ ■
•
Cover
Story
considered as “none of our business” with skills in epidemiology, sociology,
health education and communication, .
or impossible,
The young graduates who are understanding the life situation of '
trained to believe (hat they are the people in rural areas and urban slums
------ off Indian society, having etc.
cream
The present system of medical
entered medical college in the face of
stiff competition and having laboured education in India was built on the
for 5 1 /2 years before graduation, are British model. The curricular content,
aghast when they come face to face text books, college and hospital
with the realities. They are neither structure and environment, exami
professionally competent jior emotio- nation system etc., are all patterned
naily prepared to face
such a situation, and firmly set on the Western System
™—
Trained in a very structured, hierar- as it prevailed 50-100 years ago.
chical, compartmentalised environa universal culture seems to prevail
ment, with a surplus of medical among medical students. Whatever
personnel and a specialist for every may be the background of the student,
organ, they feel incompetent to make a certain process of westernized
important decisions concerning life socialization occurs. While certain
and death independently. There is a aspects may be positive, it produces an
long list of jobs for which they have alienation from our poor and a
never been trained.
yearning to work in the familiar,
Being used more to “Chart Care” comfortable surrounding of a hospital
than “Patient Care”, even the so called with all its infrastructure and back-up
“good students” often find themselves services of personnel and technology.
handicapped when it comes to
carrying out basic nursing procedures, The Challenge before us
The Shrivastava report sums up this
calculating drug dosages for children,
handling normal and complicated paradox and dilemma succinctly by
deliveries, setting fractures, treating stating that —
snake bites and a host of similar every
“The greatest challenge to medical
How good are the Doctors ?
day medical problems.
education
in our country, is therefore,
It is the area of quality of medical
is to design a system that is deeply
education, and its relevance to the Where lies the problem ?
Feedback from medical graduates rooted in the scientific method andyet
health needs of the large majority of
is profoundly influenced by the local
our population, that presents the who have worked in peripheral health
problem and also the greatest institutions in the late 70’s, 80’s and health problems and by the social,
gre;
early 90’s reveals the urgent need for cultural and economic settings in
challenge to medical educators.
It has been the experience of people
development during their under- which they arise. We need to develop
and NGO’s/Volags involved in health grduate years.. However, unless methods and tools ofinstruction which
have relevance to the resources and
work in the periphery, that doctors medical teachers themselves get cultural patterns ofeach area. We need
fresh from medical colleges are ill- exposed to the realities of medical to train physicians in whom an interest
equipped to cope with even the practice in
i the periphery and are
such1-----is generated
themselves handle
skilled to
----- to work in the community
medical problems in a rural area.
and
who ha ve the qualities for
Much less when it comes to issues like situations it would be wishful thinking functioning in the community in an
being the manager of a health centre, t0 expect them to train young students
effective manner. In addition to
‘
handling accounts, running
a small adequately.
It is important to shift the base for Fmedical skills, they should be trained =
pharmacy and laboratory handling Xin managerial skills and be able to ~
ray equipment, training health clinical training from being 100% in improvise and innovate”.
workers, coping with rivalries and the exceptional environment of a large
,
, ,
conflicts in the villages, and working in teaching hospital, to smaller hospitals,
______ Under- dispensaries and health centres. This Innovations/Imtiatives Within
differing cultural situations.
standing and intervening sensitively should not be confused with the , The System %
’< along
* - 1based
---- ....training under the
During the past 44 years, there have
with multidisciplinary groups in community
Department
of
Community
Medicine
been
several attempts to introduce
the broader societal * factors that
which
is
essentially
to
equip
students
changes
within the medical curriculum ■
impinge on health is most often
Doctors are not evenly distributed
in a State according to the population,
but are clustered in the urban areas
with the rural areas being underserved,
i Even so, a clear pattern emerges.
showing that the Northern States,
including those holding the bulk of
India’s population, fall into the fourth
group.
Who are the Doctors?
I
We are doing fairly well in terms of
.1 the number of seats for women
, students, with 36.4% of seats in 1987
< going to girls. This trend has in fact
' been increasing over the years.
t compilation has been done
regaling seats reserved for students
from the Scheduled Castes, Scheduled
Tribes and Other Backward Castes for
the year 1984 — 85, covering 106
medical colleges recognised by M.C.I.
It revealed that 30.6% of seats were
reserved for these three categories.
As an approximation, one can also
say from Figure — that about 45% of
undergraduates complete their post
graduation.
Health Action June 1991 • 9
___________ •
r-
Cover
Story
_______
to make it more meaningful to our a decision never to get involved with also has not moved ahead and has not
situation. Some of these have been at this sort of work or situation. Another brought about changes that were
an All-India level, through guidelines adverse effect has been that commu- hoped for.
provided by the MCT, expert com- nity orientation has got compartmittee reports, and meetings of Deans mentalised into a departmental respon- Training the “Teacher”
and Principals of-----Medical
Colleges,. sibility, while the rest of the 22 or so
Action was also initiated to
Some have been lobbied for by departments of a imedical college introduce the principles of educational
idual patient or sciences into medical education. The t
professional bodies eg., the Indian continue their individual
Academy of Paediatrics (IAP), the system/organ oriented work.
National Teacher Training Centre
Indian Association for the Advan
However the PSM departments in a (NTTC) was set up at JIPMERcement of Medical Education few colleges have done creative work Pondicherry during the 70’s by the
(IAAME), and The Indian Medical and have been more inspiring. Government of India in collaboration =
Foremost among them are CMC- with
Association (IMA.)
WHO. Itworkshops
did commendable
work |
in organizing
and training
Some have been introduced at the Vellore, MGIMS-Sevagram, SJMCState level eg., through the Health Bangalore,, AIIMS-New Delhi, programmes for medical teachers from
Unr,orrsites
sites of Tamil Nadu and JIPMER-Pondicherry, CMC- colleges across the country. Sub- j
Am 1i Pradesh. Others have been Ludhiana and BHU-Varanasi. They sequently a NTTC was also started at ■
developed at an institutional level. Yet have introduced rural or community PGI, Chandigarh and later at B.H.U- i
others have grown around particular orientation camps where students live Varanasi. Some colleges now have |
departments and individuals. The and learn in villages fora period of 2-3 medical education cells with core
MCI guidelines (the latest was weeks, block postings, health educa- groups of trained teachers who |
published in 1982) xprovide the overall tion and child to child programmes, organise programmes at their own
framework for curriculum and exami- socio-epidemiological projects, institutional level. AIIMS-New Delhi ■
nation system and also the minimum actually organizing health progra- more recently has developed a Centre |
requirements in terms of staff and mmes of various types in rural for Medical Education Technology
facilities. The guidelines are of a situations, collaboration with other (CMET) with a fairly large number of
general nature and flexible enough to departments etc.
teachers trained at the professor and |
•'
- -J
Assistant Professor level,who form its
and
allow for innovations
The ROME Scheme
adjunct faculty. CMET has all the
modifications.
The
Reorientation
Of
Medical
equipment necessary for the deve- s
Some of the key initiatives have
Education
(ROME)
Scheme
was
lopment of teaching aids. All these
been :
launched by the Janata Government centres are also working on making
in 1977, based on earlier expert assessment/examination methods
Teaching Preventive and
committee
recommendations. Three more objective and rational.
Social Medicine
Government
Primary Health Centres
F irtment of Preventive and
.
were
attached to teach
— Socialising ‘Mother and
Soci^. Medicine (later called Com- (^ps)
medical
college.
It
was
hoped
that
the Child’ Care
i
munity Medicine) were introduced
The
development
of
the
concept
|
entire
faculty
would
be
involved
in
the
during the early fifties. Field practice
training
of
students
in
the
periphery,
and
practice
of
social
or
community
areas in urban slums and rural areas
were developed for the purpose. They would thus develop a commu- Paediatrics (child health) was also |
Programmes such as the Family nity orientation and also upgrade skills initiated during the Seventies,
Health Advisory Service, where each at the PHC level. Over time, each Osmania Medical College, Hyderabad
student followed up S-S families'for college could take responsibility for an was a pace setter; so also have been the
entire District.
periods of 1-2 years,‘ clinico-social
case Unfortunately, the colleges in Ahmedabad, Trivandrum,
conferences, and field visits to different programme remained more at the level and Madras. The Indian Academy of
institutions were introduced. How of mobile clinic services provided by Paediatrics has recently published
ever, in general, these efforts have not interns and junior doctors, utilising the recommendations for the teaching of
made a dent in the situation for various 3 large white mobile vans procured paediatrics relevant to our social
situation.
reasons.>. In
... fact
—medical students and from the U.K. by Raj Narain.
These
“
White
Elephants
”
cannot
Attempts have also been made
doctors always rate PSM about the
r
manoeuvre
the
smaller
roads
leading
towards
the development of social £
lowest among all disciplines. Much
worse has been the sometime counter- to the more remote villages; they are obstetrics with the support of WHO. j
productive effect it results in, creating confined to the highways. The imple- Integrated teaching of Mother and 1
c
long-lasting negative impressions and mentation of the scheme in its entirety Child Health (MCH) by the depart-
0 • Health Action June 1991
ii
ii
in
7“
Ma®
F;
< - /-F
F
Cover
Story
HU
The group decided to be muchi more I
community
.
- oriented and community
based. The manifesto articulates an
alternative vision in objectives,
methodology, student/staff selection,
curriculum development, evaluation,
development of peripheral health
facilities etc.
Recognising the Social Paradigm
The Medico Friend Circle (mfc) is
an all India group of people interested
and involved in health issues within a
broader social perspective. In a recent
publication entitled "‘Medical !
Networking for Change
jn addition to changes attempted by Education Reexamined” (1991) they i
In
individual colleges and small groups of explore various dimensions of medical
facuity there is an emerging trend in education, building on the perceptions I
the 1980’s for networking and explo of their members who come from L
diverse medical, social activist and
ring the problems and the solutions
developmental backgrounds. Using =
together.
the framework of the 1982 MCI
curriculum they have formulated an g
Asking the right questions
In 1987 a symposium on “Medical innovative alternative anthology of !
Education for Primary Health Care ideas which stresses the “societal
Needs — experiences in successes and causes of ill health and the community i
failures” was held at AIIMS-New orientation” of the medical solutions.
Delhi. One of the key resource groups
Selecting and Motivating
was the Centre for Educational The Alternative Track
In 1988, the MCI and WHO
CMC-Vellore and SJMC-Banga- Development, University of Illinois
initiated homework
homework with
lore have introduced
selection (USA), which has been spearheading initiated
with a few
methods, which strive to understand changes worldwide. Four participating medical colleges onthe possibility of
attitudes and motivation rather than medical colleges — AIIMS (New an experimental parallel curriculum
only intellectual ability. They also Delhi), BHU (Varanasi), CMC which would be “community
, . „ . ori.
■
(Vellore)
and
JIPMER
(Pondicherry)
ented
and
problem
solving
in
its
have a scheme through which young
gradates work in peripheral health formed a working consortium on approach. Inspite of running into “bad
insk ons of the voluntary health “Inquiry Driven strategies for weather” one member of the group,
sector for 2 years after graduation. Innovations in Medical Education in CMC-Ludhiana has gone ahead with
Having completed this, doctors get a India, Health Services Research and preparation for change, having
preference for entrance into post Context Evaluation”. Each took on an received the Punjab University’s green
graduate courses. Over the years some area of study concerning medical signal to lay the new track. As faculty
of these postgraduates have become education. There was sharing of and students prepare of change CMCstaff members. It is hoped that their information and views at different Ludhiana has discovered the trials
experiences in the periphery will workshops. It is now hoped to enlarge ahead with status quo forces. The
the consortium, and spread its scope process in its initital teething troubles
influence their teaching.
with each of the 4 colleges taking on 4 has discovered the need for a
Most of the experiments and
more colleges. The idea is to build the “voluntary incrementalism”,
innovations have been confined to a
relatively small number of institutions “case” and substance of change step by Searching for a value orientation
1989 saw the Christian Medical
— the “Top Ten” medical colleges. step asking the right questions and
initiating
studies
to
find
answers
and
Association
of India (CMAI) faciliThese colleges also attract “good”
approaches.
tating
a
network
of Medical College
students who tend to go in for
(perspecialization.
It
would
probably
Exploring
Community
approaches
viz.,
CMC-Vellore,
CMC-Ludhiana,
sui .
_____ _______ r L
“*•
t
j
...................
.
r
—
"
J’ i
The Miraj Medical Centre has put SJMC-Bangalore and ><•
Miraj Medical
not be a surprise to find that most
;
was
to
learn
doctors going abroad come from these up a proposal for the development of a Centre. Their objective
one
pioneering
expecolleges. The mainstream colleges Christian Institute for Health Sciences, from
f
" another
— 7—
F
ments of Obstetrics and Gynaecology,
I Paediatrics and PSM was introduced
in some colleges.
Expanding medical horizons
I More recently some colleges eg.,
MGIMS-Sevagram, PGI-Chandigarh,
, JIPMER-Pondicherry, CMC-Vellore
and others have been spearheading the
introduction of Rational Therapeutics
through the Departments of Phar
macology, Medicine etc. The need for
< a greater emphasis in the under
graduate medical curriculum to
Psychology, Behavioural Sciences and
Psychiatry is also gaining ground. The
development of epidemiological skills
is al (eingstrengthenedbyinitiatives
and networks linked to CMC-Vellore
and AIIMS-New Delhi. A few
colleges are also concerned about a
more planned approach to training in
Medical Ethics. Some ground work
has also been done to work out a
curriculum for the teaching of
Management to medical
undergraduates.
should therefore be the focus for major
Another
efforts in reorientation.
i-----------phenomenon is that creative and
committed work usually continues as
long as the key person who initiated it,
is around. After they move on, the
work gradually reaches a different
level of routinized, meaningless
functioning or gets lost to history. We
need to develop a commitment to the
cause and a process rather than
individualized functioning and
kingdom building.
8
Health Action June 1991 • 11
Cover
Story
rience and strengthen each other. At
uuv same time they have been
the
explorln^the need for greater social
relevance and a new orientation in
medical education upholding ethical
values in medical oractice.
practice, research
and health care delivery.
EXPLORING NEW LINKAGES
Learning from the Grassroots
The voluntary health sector, work
ing primarily with the more under
privileged sectors of society, has been
growing during the past 3 decades.
Not
mal training programmes in
health related subjected were begun by
different groups, independent of each
other, in different parts of the country.
Some of these date back about 25
years, while others are more recent.
The motivating factor was to train
people to intervene sensibly and
sensitively in the situation that prevails
in each local region. There is a
tremendous variety in the types of
training that evolved from the training
of dai s and community health
workers, health educators, community
organizers, multipurpose workers, deve
lopment workers with a health
training as well, to community health
training and reorientation for doctors
and nurses. From a six weeks’ course
the
ge of courses and alternative
courses go right up to an M.phil and
Ph.D programme in Community
Health offered by JNU University.
These programmes have developed
their own curricular content and
alternative training methodologies.
Since they were unfettered by regu
lations and accreditations, they were
rather creative in their approach.
These programmes are a very rich
Indian resource and important lessons
could be drawn from their experience
and internalised into the medical
education system, particularly for the
community orientation and com
munity health aspects. The Kottayam
experiment a forgotten experience is
given elsewhere in this issue.
Some newer areas developed are
social analysis at a macro-level and
also methods of understanding and
analysing local situations. Simulation
games have been developed to enable
this. Another important area is the
understanding and acceptance of
oneself, one’s needs, motivations and
aspirations.
identifying and utilising local health
traditions, resources and medicinal
plants has been done by several groups
in different parts of the country.
Methodologies have been developed to enable and empower womeni
who
any way are the main providers
1
-j of
health care in the family and
community.
Medical skills have been demysti-
Tied and health workers have been
found very capable even in performing
minor surgery and tubectomies. There
is therefore an urgent need for
interaction between the classical
medical educators and this very alive
and dynamic process at the grassroots
which will be to their mutual benefit.
Recognising fellow physicians
wealth of resources available in
the Indian and other systems of
traditional medicine which are culturally acceptable, closer to the people
and more holistic in approach is
gradually being recognised by health
planners. Given below is a picture of
the manpower available and training
capacity.
Fig 3 a
Total number of registered practitioners of the different systems of
medicine in India — 1987
Allopaths
i
3,31,630
Siddha
11,581
Unani
28,711
Ayurveda
2.72.800
=
I
Source: Health Information India 1988
Allopathy
3,31,630
51.43%
Ayurveda
2,72,800
42.31%
Unani
28,711
4.45%
Siddha
11,581
1.80%
Total
6,44,722
=
I
■
a
12 • Health Action June 1991
111
irvmiu
Cover
Story
?;
Fig 3 b
Number of Training Institutions for medical practitioners of the
differnt systems of medicines in India — 1987
I
(
Allopathy
140
r
Siddha
Unani - 18
Ayurveda
100
Source: Health Information India 1988
Allopathy
Ayurveda
Unani
Siddha
2
140
100
18
2
53.85%
38.46%
6.92%
0.77%
260
Source: Health Information India
1988.
Medical educators can no longer
ignore the other systems of medicine.
Western medicine trained doctors in
the community cannot ignore or their
fellow physicians from the other
systems. This calls for a courageously
new commitment to integration in a
medically plural situation, a task
which the people have already begun.
Notwithstanding the lofty exhortations
of G.O.I.
and-—the newly
u
------- reports
----- —
>
convertedrhetoric
ofWHO—this
continues to be a sadly neglected
aspect of health care policy exposing
the deeply embedded “cultural
colonialism” of the allopathic tradition
large number — presently about 5000 z
year i.e., 40% of graduates — migrate
(R. Duggal). Even today, large
proportions of our rural population
have to make do with substandard
medical care or no care at all from the
state sector.
Private or Public ?
There is an increasing trend par
ticularly in the 1980’s towards the
privatisation of medical education.
Private colleges today account for
about 25% of all medical colleges.
“Capitation Fee’ Colleges have sprung I
up as business enterprises. Upto Rs. 5
lakhs are collected as “capitation fees” s
per student on entrance. The facilities
and staff requirements are more often
than not inadequate and hence the
colleges are not recognised by the
MCI.
'
Thus a profession, that was once a
vocation, is being commercialised and
made into a business where medical
care is bought and sold like any
commodity. This is becoming
increasingly evident in the type of
doctor-patient relationships that
prevail, in prescribing practices and in
the mushrooming of high-tech
diagnostic services and five star
curative centres.
and the lack of an open ended Unemployment in the midst of
rationalism. How long can we conti- need
nue to ignore this plural partnership ?
The total number of qualified
medical doctors (allopathic) registered
Medical Education And Society In with the various State Medici Councils
India
in India, in 1987, was 3,31,630. In
The training of doctors does not 1988, the total number of doctors
take place in isolation, but is moulded working at the Primary Health
by powerful forces that operate in Centre/Community Health Centre
Indian Society.
level was 26,230 i.e., about 7% of the
Doctors at what cost
total number of doctors. The Taluk
Medical education in India is highly and District Hospitals and hospitals/
subsidised. Doctors are educated at a dispensaries/health centres of the
tremendous cost to the public ex- NGO/voluntary sector also employ
chequer. This was done with the hope doctors. Private practitioners also g
that they would provide medical care sometimes work in villages. However g
_ “the vast
______
’
x™ ' even an optimistic estimate would not ~
to
rural-rr
population
””(Bhore
Committee). However, most of the be more than 20-25% of doctors \
graduates remain in urban areas and a working in rural areas.
COW-UNITY HFAtTH CELL
Vti. J,
Health Action June 1991 • 13
Cover
Story
Paradoxically, we also have regional and international level regar- needed is a coming together of various
__j are committed to the
unemployment and underemploy- ding the need for a new type of elements who
training
of
the
new doctor. A critical
ment of doctors. The number of physician viz., one
mass
of
these
“
live elements” could
medical graduates on the live register
who
can
understand
health
spearhead
change
in the years ahead,
of the employment exchanges are as
problems in a community context,
follows:
1986 — 25,613
who can build on the strengths of
the
community, working with References
1987 — 31,029
them,
facilitating growth, learning, 1. Central Bureau of Health Intelli
1988 — 27, 599
gence, G.O.I., Health Information
who shares information and
India — 1988 and 1989
knowledge with the patient and
This is more than the number of
2. Medico Friend Circle, Medical
the public,
| doctors working at the PHC level! The
Education Reexamined, 1991
who
can
function
democratically
actual numbers are much higher !
3. Narayan Ravi, mfc bulletin 97-98,
within a health team, and
| In Conclusion
150 years of medical education
wAo/sopen to different systems of
T1 'e have been several changes for
medicine and healing and health 4. Duggal Ravi, Radical Journal of
betk and for worse in the field of
Health, Vol. Ill, No. 4 Medical
practices.
medical education in India. There has
Education in India : Who pays ? >
Never before have we been so close
been tremendous increase in the total
number of trained personnel. Clinical to embarking on this challenging path. 5. Ministry of Health and Family L
Welfare, G.O.I., Report of the
competence is on the whole good. We already have before us pioneers
Group
on Medical Education and
Over the years the varying needs at the and trail blazers. At a wider level we
support
manpower, 1975
grassroot, secondary and tertiary level have also with us competence in
have berime more and more clear, various fields, knowledge about local 6. Government of India, Report of
Opinion and pressure have gradually reality and a self-confidence to
the Health Survey and Deve’ ’ "
’
1 " is‘
lopment Committee, 1944.
been growing at the local, national, intervene creatively.
Perhaps
what
I
of their family members made to a treatment given by the doctor ? Why ?
doctor. We feel that dissemination of 13. What, according
to your
the findings ofsuch a survey may begin experience are the good and bad
a process of new thinking and perhaps, practices of the medicalprofession
a process of change in medical care. today ? 14. What according to you,
1. Date of visit to doctor. 2. should be done (including tightening
Doctor’s Qualification (degree) 3. regulations) to encourage good
Describe nature of illness for which medical practice ?
doctor’s help sought. 4. Number of
While responding to the above
Dear friend,
days this illness lasted. 5. How long did questionnaire you need only put the
Medical care is an essential service you wait in the clinic before the doctor respective Question Numbers.
we all need at sometime or the other, examined you? 6. How much time did
TWe
’” thank you for your response
Almost 80% of it is in the private sector the doctor spend in examining and ancj promise to communicate the
in our country. Of late, inspite of advising you ? 7. Cost of the visit:: results to you. Kindly send your
paying for private medical care, people Doctor’s fees, cost of drugs, transport responses to:
have been raising doubts about the cost and any other. 8. Without having
Medico Friend Circle (Bombay
| quality and the cost of medical care, to demand it, did the doctor give you a Group) 310, Prabhu Darshan, 31 SS
But are these doubts really justified ? receipt for the money you paid him ? 9. Nagar Amboli, Andheri (W), Bombay
I Unfortunately our research institutions Did the doctor tell you the diagnosis,
q58
1 have paid scant attention to the and give you information about the
Please write your name and address
medical care of consumers and side effects/ bad effects of the along with the response. All
adequate information is not available, medicines given or tests recommen- information given will be kept in strict
I Medico Friend Circle is a group of ded? 10. Do you think that the fees confidence.
socially conscious doctors and other paid by you to the doctor was
( health activists, interested in knowing low/reasonable/high/very high ? 11.
Thanking you.
consumer’s (patient’s) experiences and Do you think the doctors fees should
opinions. We will gratefully appreciate be standardised throughout the
Annie George
if the readers respond to the following country ? Why ? 12. Were you
with the behaviour of and the
Coordinator
questions for the last visit they or any 1satisfied
-------- -------------
Dear Reader
_____
Medico Friend circle is conducting
sweVo^
ai
opinions of their doctors. Reproduced
below is their letter and questionnaire.
Your answers will help you and
ever ^ne else. (Ed)
1IIII
I Illi
■ :i
INTRODUCTION
industrialisation in India# problems-of Occupational
Health and Safety have also surfaced* Every year, lakhs of
accidents take place and thousands of workers die while working*
The poorly maintained, official statistics show that more than 60
accidents take place per thousand workers in the country, many of
them fatal- The rate of industrial accidents is about eight times
more than that in the industrialised countries# Moreover, this
situation has become worse over the last three decades.
It is now well known that several categories of workers suffer
from various types of diseases and health disorders which are
directly caused by the production process itself. These arise
from dust, humidity, temperature, noise, chemicals, etc.
It is estimated, for example, that about three lakh textile
workers in India suffer from respiratory disorders related to
cotton dust* Thousands of workers suffer from chemical exposure
at the work places. Because of these unsafe working conditions,
a large number of workers are dying a slow death and many become
crippled at an early age. Yet, there is very little that is
being done in our country on this issue. The managements and
owners are hardly interested in such problems. They are exploiting
the labour surplus situation in the country to avoid making any
efforus tovzards preventing the i/.-cidence of occupational injury
and ill-health. Managements often put the blame for these high
injury and ill-health rates on "careless" workers. But workers
know better. Unsafe working conditions which include unguarded
machinery, slippery floors, insufficient lighting, excessive
.
noise moisture and heat, exposure to dangerous chemicals without //
adequate provision of safety precautions-all these greatly
contribute to occupational injuries and diseases.
ZAw
This situation gets further aggravated as most trade unions and
their leaders, most of the times, do not take up these questions.
They find themselves continually preoccupied with daily struggles
around wage issues. Even when occupational health issue finds a
Z place in their charter of demands, it is mostly in the form of
u
compensation to the affected workers, lather than for any
preventive efforts.
Ordinary workers are not fully aware of the sources and causes of
occupational injuries and diseases, They are made to believe that
many of these injuries and illnesses are. necessary components and
inevitable constituents of their work* Besides, they think that
any solution to these problems would entail high degree of
technical expertise and large financial investments.
. .1 . .
*^*’*^-
i -
f
.. 2 ..
This thinking and approach needs to be radically changed and the
beginning to be made by the workers themselves- The common
saying that '’knowledge is po^er” is apt and applicable in this
sphere also* And the workers need to have the knowledge of the
risks and hazards at their work places-
Occupational injuries and illnesses are by
by and
and large
large preventable*
preventable*
Many of the preventive measures and their effective implementation
do not require high technical expertise or financial investmentIt is only through awareness on the part of the workers and their
active involvement that such solutions can be'identified and
successfully implemented- It is the workers who know, often much
before the. scientists or the government, that an industrial
material is toxic. They are the crucial front line of defence
against occupational hazards and accidents- And they are in the
unique position to ensure that- Ensuring occupational health
and safety is not merely a technical question, but also a political
one- And hence workers' knowledge and struggles become
necessary for that/This manual is designed to increase workers' knowledge of
occupational health hazards and safety and the ways to control
tnem. Wile keeping the technical details to the necessary minimum,
it provides information about causes and symptoms of various
occupational hazards and accidents, and suggests ways to prevent
'
them
It briefly presents the legal aspects of such problems and
gives a list of further resources for information-
In fact this manual is a small beginning towards making union
leaders and worker activists more aware of these issuesHence
it is not designed as a comprehensive document, The focus of this
manual is primarily on the industrial sector.
«
The experience across
the world
shows that
that occupational
occupational health
acx’oss the
world shows
health and
safety issues have always been raised by the workers themselves.
They have been forced to collect their own concrete informations,
educate themselves and organise struggles on these issues in
order to create a safe working environment.
Lhiis manual can be a small contribution in that direction-
One can use this manual in many ways- firstly, union leaders and
worker activists can keep themselves informed about,these issues.
Secondly, the manual can be of help in informing ordinary workers
of the risks and hazards they are exposed to in a particular
industry. Finally, it may help in catalysing discussions, debates,
inquiry, analysis and actions among ordinary workers.
DO YOU KNOW ?
*•
*
)
*
*
*
That more than three lakh textile workers in India suffer from
byssinosis due to cotton dust*
that the rate of accidents at work places in India has
increased by half during the last twenty years; and this is
eight times more than in developed countries.
that more than two thousand Indian workers die every year
due to accidents in factories, mines and railways alone.
that noise levels in our
< - work
■ places are nearly always more
than the safe prescribed limits.
that thousands of workers are slowly dying of chemical
poisoning*
*
that many chemicals that workers inhale while at work, cause
impotence and cancer.
*
that several materials produced in India are banned in other
countries for manufacture (e.g. 2 naphthyl amine and sodium 1
nitroprusside, etc.) as they cause serious health problems
among workers.
*
that half of the 20,000 asbestos workers in India are
estimated to have lung canc-ei j in USA ^alone, more than a lakh
of asbestos workers are likely to die of lung cancer.
Art/'*'
..3..
SAFETY
This chapter deals with safety. It describes the extent of
accidents in the country, the causes for accidents, and how these
accidents can be prevented and controlledGrowing Accidents
According to government data, every year,
in India, 3-4 lakh people
are injured and about 800 of them lose their lives due to
industrial accidents;
A review of the last few years indicates that every day 1126 persons
were injured and 3 persons lost tfeir live&• due to industrial
accidents. In Maharashtra alone, one fatal accident occurs, on an
average, every 2 days, while in Uttar Pradesh, one in 3 days.
Thus idustrial accidents every year kill more workers than Some
recent wars.
CaUS^
atsence from
due to temporary disablementIn 1980, accidents resulted in the lost of 33 lakh mandavs due to
disablement. This means that there is a daily absenteeism'of
/ 7 workers due to accidents. On an average, it takes 10 days
for a person to recover from an accident-
The above figures pertain to industrial accidents
occurring in
factories only. If 1we include mines, railways,
ports and docks
also, then 5 workers die
--e da ily and 1228 w orke rs are daily injured*
Is_.this the fu.ll picture?
The above figures for industrial accidents
give only a partial
picture. This is due to several reasons.
Firstly, for compilation of the above statistics* only reportable
accidents (those resulting in
more than 2 days disablement^) are
included. According to one estimate for
an engineering factory.
only about 1 accident in 10 is reported.
occondiy, these figures have been compiled by the labour Bureau,
Jased on reports received by the Factory Inspectorates all over
Ae variX^f
various factory managements.
rep0lti^
^cidents by
Many factories (according to one
d° UOt SUtoit
returns to the Inspectorate
at all.
those that do, there is under reporting of accidents
to avoid payment of compensation as well as to avoid prosecution
f or negligence under various acts.
..4..
.. 5 ••
Thus there is every reason to believe that these data represent
only a small part of the problem*
According to a recent:-.study, accidents have been rising over the
last 30 years. Fatal inj uries.rose by over two hundred percent
in the last thirty' years 5 and non-fatal rose by four hundred
percent in the same period*
This growing rate is also- reflected in the. comparative position
of India in the world today. In India, the rate of accidents
. - l£:%o.re than :twice that of the developed countries like USA and UK*
■■ "t 0 1 -
■ ai-tat..is. an -accident?
;3 -
;
?
-
•
It is important to examine in detail, and get some clarity about,
v/hat .an accident is. Examples of common industrial accidents
are . :slips and falls
trapped between moving parts of machinery
or in rotating machinery collapse of structures fall of persons
from height fires explsions etc. The list can go on- ’ The
consequence of an accident can be severe^ for the person injured
.from a minor injury to a-.permanent disablement, and in the worst
instance, a fatal injury. On the other hand, accidents also
cause damage to plant/machinery•
The word ’’accident" connotes a chance occurrence- In fact, this
common sense meaning constitutes .a widespread mis-understanding
that accidents happen by chance, they are nobodyfs fault* On
the contrary, we want to emphasise.-that accidents do-not happen
by chance*
.This means that there are causes, reasons behind every ’’accident,’’
which can be identified, and more important, anticipated and
predicted. This anti.cipation of causes -makes it possible to
prevent ’’accidents”.
While'the particular moment at which an accident occurs is
unpredictable/ the continued existence of certain unsafe conditions
create the potential of an accident and in this sense cause it •
An example will clarify* Consider a press operator getting his
finger crushed between a die and ram on a power press. The
continued operation of the press without a guard can be said to
have cause the accident, while the fact that it occured at a
particular time (i-e. &-30 p.m. on 26th March) is what gives it
its cuipredictable character.
• *0 * <
We often -think of an
accident and an injury
s synonymous. Yc-t
injury is only one of the consequences of an '-*G id ent.
accident can take place without causing an injury
Thus, many
accidents may not result in injuries at all, but W
the view
point of safety, it is important :o be aware of sucl
ion-inj ury
accidents also*
One expert analysed several accidents to find that out f 33O
accidents, -only 30 cause injury, jne of which is.a majoT^nilirv
What is the implication of this finding? A particular tyj of
accident, can result in different consequences of which, ir^
majority of..Oases, no injury wil'. occur. Thus, these numer^
non injury accidents provide us occasions to determine the caB£S
of accidents and to take corrective action. Thus such accidens
should be obseived, noted and reported, so that the corrective
action can be taken before the s^me type of accident results in
a more serious injury.
Wat causes an accident?
Causes of accidents can be identified at two levels:a)
Immediate causes.
b)
Underlying, causes.
The following questions can help in’ identifying, the immediate
causes of an accident*
i). What was the agent of injury?
Wat was the object which came in contact with the
body and resulted in the injury? Answers could be:
moaing parts of machines, chips or sharp edges of
objects being handled, toxic or corrosive substances,
flames or hot objects, or liquids and gases at high
temperatuie and piessuie.
ii)
How did it happen?
We need.to understand Wy the body came into , contact with
the agent of injury, Answers could be: unguarded or
inadequately guarded machinery. failure or non
operation of safety devices $ deviations from safe
methods of working, non provision or non-use of
personal safety equipment*
V
..7..
Bi
Answering these questions helps to identify the immediate causes.,
thus Suggesting the immediate preventive measures to be taken* *
|
■■I
-
:
1
Very often the causes and solutions are not immediately e^ideni^
It often helps to study the pattern to uncover underlying cause!*
G-rouping of. accidents, occuring from the same shop, or on
similar machines or jobs, or according to injuries to the same part
of the body, or involving workers of the same trade, in different
shops; will often uncovei underlying causes* The problems may
be related to faulty layout of equipment and machinery in the
shop, bad planning of material handling facilities, improper
job description and work designation, lack of skill or training,
and even intensity of work* Looking at such.patterns and causes
can help to identify;issues on which long term action needs to be
S'
taken •
The condition of the work environment/ like, inadequate lighting/
excessive heat and load/ bad ventilation/ dust or fume filled
atmosphere/ high level of noise, increase the risk of an accident-
A common misconception is to place the cause of most accidents on
the carelessness of workers* As explained above, an unsafe
system of working can be seen to cause most accidents*
In the.first place, we must differentiate between ignorance and
. carelessness * There are certainly some accidents caused by
ignorance-eSpecially those involving contract labourers* In such
cases, they are not properly trained and oriented* This is
particularly true of construction workers, and casual labourers*
sometimes, workers do useshortcuts ’ and behave carelessly*
3ut there are also reasons for the same* Pressures from
supervisors,, high speed to earn more incentives etc* are also
responsible for such acts*
Accidents can be controlled
Safety at work can be improved, and accidents prevented, if the
underlying causes of accidents are tackled* This can be done
in three ways:
1•
ELIMINATICN
Tie accident causing process’ or material is eliminated*
2*
ISOLATION
The accident causing element/ part/ or machinery
kept away or kept properly enclosed*
s either
I1
•4
4 -
’ .
3- CCHJEOT,
*
.
.1.
I
■
1
t-7
t
Where it in
■
^'’■fficult to eliminat-e such, process or material,
it can be isolated
-i from the worker .and controlled.
a)
&ie way is to provide
example :
I
feat ares on the Hiaahines.
For
(
i)
ard for providing a physical barrier from moving parts of
a mery, especially power transmission and drive units.
ii)
Electrical and mechanical interlocking between the
4
controls and guards (£.g. lid on centrifuge, gates on
> guard on press) on machines.
lit)
'Sion of o'ther safety features like emergency stop
T/ices, two hand controls on presses and limit switches.
Many acoidentR haPPpn Alwinz? handling of materials. To
control these, it is necessary, to ensure the following:
i) Provision
of adequate mechanical lifting machinery (cranes,
hoists, forklifts, etc-) and of properly designed lifting
tackles - both being safety maintained.
Stile
U£
11
1 Tentllated ro“s
o')
For jobs with
■snow!
L
to work is
coSi
working in
Here a
)
ohcoklLi“r
3 By3tem °f i3s,11“s
1 thls typ6 are «*«»» « feighte
- Mawous weal etd.
precautions is checked before a permit
to work is issued for a shift at a time.
"
*
It is only after trying all possible
that provision of Personal Protective engineering control measures
adopted
as a control measure.
Equipment (PPR) should be
Lers onal__Pnot.entive_ Eaui£ment
x.
PPE constitute the
last line Fl_lef6nce. it does not reduce or
eliminate the hazard, but merely
sets
UP a barrier against it.
J.nless these
are constantly maintained
m good condition, they can
ereate a false
sense of security.
There are two types of ppE.
Respiratory
Hon-Respiratory
a
9..
-y.-. .
i
Respiratory PFE are
1)
Air supplying type
air respirator connected to the compressed air
line or to a blower;
self contained breathing apparatus where a
cylinder of air or oxygen is carried onone’s back*
2)
Air purifying type
“ mechanical filter which traps dust;
- cannister/cartridge type which protects against
chemicals by having an antidote in the container.
Non-Respiratory PPE
These are classified according to the part of the body protected.
-
1)
HEAD.
against, falling objects
~ Helmet
* Caps
2)
against heat# sparks# chips# splashes.
EARS
- Ear Mixffs
3)
to reduce noise
EYES AM FACE
“ Safety goggles
to protect eyes
- Face shields
to protect against dust# splashes
of liquid# flying particles and harmful radiation*
4)
HAND AND ARM
-Full sleeved shirt or separate sleeves for welder’s
fettlers, etc.
“ gloves
made of cotton# leather# or rubber - to
protect against sharp objects# heat# chips# corrosive
chemicals#, irritants.
5)
BODY PROTECTION
Unif orm
- Aprons
cotton# rubber or leather protects against
heat and chemical splashes
...
'j
F
I
..10..
“ shirt should be half
open T-shirt type with half
sleeves as otherwise open cuffs
or shirt ends could get
entangled in machines.
6)
ROOT AND LEG
safety boots/shoes
leg guards against splash of
molten metal, hot liquid.
fall of object on toes or foot,
and to protect
the sole from sharp objects.
7)
Another type of PPE is the
Safety Belt, to arrest the
fall of a person from
a height and into pits.
pits. Belts must
be used Whenever a person is
working at heights,
espscio,!ly ojq.
construction and maintenance locations.
8)
^££±£P_cream is a cfeam which sefs
up a barrier between
the skin and the offending agent,
controlling the.
ot dermatitis. Thejfi. 18 „
=f
creams,
acting as a barrier and the other
a cleansing cream.
Under the factories
Act, 1948, there is a legal responsibility
the management to.provide
on
RPE to workers.
Specialised Safgt
laws
h legal provisions related to safety
are primarily covered in
the factories Ac-t, 194g (S6e later).
However, there are some
specialised safety laws like ;
1•
Iftdia Boilers Act, 1923
O'
This Act governs the inspection and repair of Steam
certmeat5
ion o
2.
pr°Ced^e
^ual
boilers by the Boiler Inspectorate.
Indian ExplosiyeR Act, 1884
This Act regulates
:
manufacture,
possession. use/ sale.
transport.j and importation of
Explosives. Three sets of
rules exist:
a) Static and Mobile Pressure
Vessels Rules, 19g-;
b) Gas Cylinder Rules, 1983
c) Explosives Rules, 1983
i
.. 11 ••
3.
Petroleum Act/ 1934
The Petroleum Act/ 1934 and the Petroleum Rules, 1976
classify petroleum into three classes/ depending on •
their flash point. Separate Rules are established for
each class-dealing with the import/ transport, storage,
production, refining and blending*
4*
Indian. Electricity Act, 1910
The Indian Electricity Act/ 1910/ and the Indian
Electricity Rules/ 1976/ prescribe safety in electric
installations/ both domestic and idnstrial.
•• 12 ..
HO.V ,K)fOBS ■ Axffi DYIUG
Fertiliser Factory in Bombay
On July 22, 1982 a worker, Mr. Jobl Nathan died while working in
the Nitric Acid Plant of the Hashtriya Chemical Fertilizer,
Bombay, due to exposure to Nitric Acid fumes. The management
claimed that the worker died due to his own negligence. Other
workers are being continuously exposed to the process of slow death*
The percentage of Nitrogen Oxide (NOX) officially considered safe
is 5 parts per million parts of atmosphere (5ppm). In R.C.F. the
recorded figures show the presence of NOX to the level of 40 ppm.
The workers are facing problems of dysponea and cough, Those
who have worked for more than 5 years are most affectedApart from direct damage to lungs, such exposures may lead to heart
attacks and reduced resistance against bacterial infections.
Recently, another worker, Mr* Gupta fainted while working in the
KT OX mixed atm os p here - His pulse rate had risen to 120 per minute*
He had to be hospital!re and only artificial supply of Oxygen
saved him*
Aparu from NOX and Nitric Acid, other hazardous chemicals present
in the production of fertilisers are: Sulphur Dioxide Carbon
Monoxide, Nitrogen Oxide, Hydrocarbons, Oxidents, Phosphate dust, etc.
Mines
Three labourers lost their lives while working in the sandstone
mines of Mehrauli on February 7, 1933. Hundreds of miners in
coal mines die every year.
Death is a simple affair in these mines. The workers are forced
to work in unsafe mines, where explosions occur and roofs collapse
frequently.
More than 100 workers have been accidentally killed in Bhatti
mines m recent years. At several places, columns of fragile
rocks have been left alone to collapse* Men, women and children
often work here in the dark with the help of candles and lanterns.
The Mmes Act, 1952, Chapter V, covers the Health and Safety bf
workers.
..13..
Slate-Pencil in Mandsaur
Mandsaur in Madhya Pradesh is well-known for its slate-pencil
industry, as a small scale industry. Even in a small hut here,
you will find a factory running with just two cutting machines.
A cutter can earn around n3* 30/* per day on piece rate basis.
This is the only place in India which produces slate-pencil which
children use for writing. This is the only industry which kills
13 people in a month. More than 3,000 workers have died in the
last 20 years.
*
The mining and cutting of the stones raises silica dust which after
persistent and prolonged exposure for several years causes silicosis
among workers. The cutters are most seriously affected.
Multanpura village is the most "affected area* 70% of the voters
list here comprises of women only. It is very difficult to find
old men in this village as most 'men die by the time they reach 40
years of age .
*
Before 1954/ the industry was using hand operated cutting machines.
After 1954/ when Electrical cutting machines were introduced/ the
workers are dying at a faster rate on account of exposure to a
large quantity of dust/ which is now raised by the power driven
machines.
Nowadays, j-a cutter dies of silicosis of the lungs at the age of just
32 years. Most of these cutters had started working around
1964*68 at the age of 20-24 years. And now, their children have
to work in the same killing industry.
Construction
Pour young labourers were reported to be hurried alive on March
10, 1984 when they were digging a deep pit in a Delhi colony for
laying sewage pipes.
And many more are dying each day.
Construction is one of the most hazardous jobs.
Accidents due to falling down are particularly prevalent in
building and construction works. Night work on building sites
often increases the risk of workers falling into unguarded holes,
etc. Qfie very common, accident,In excavation is the- caving in of
earth walls.
A
r
Besides/ most construction work is carried out unprotected in
extreme climates - Heat, cold and rain* And dust inhalation in
construction industry causes serious respiratory problems.
As women comprise a majority of construction workers , they are
most affected.
gay_on Factory in CTagda
Gwalior Rayon Silk Mills, Uagda, Madhya Pradesh, is one of Asia's
biggest Rayon manufacturing units. directly employing 5,000 people.
The factory is full of toxic gases like - Carbon disulphide.
Hydrogen sulphide. Sulphur dioxide,-Chlorine and mercuric vapours.
After a year of work at the factory, the worker starts suffering
from giddiness, headache, memory defects, loss of sensation etc.
Serious ailments, ranging from paralysis to psychosis, have
affected hundreds of workers. In 1982 alone, 23 workers died
of mercury poisoning. Many more have become impotent. The
suffering continues even today.
The factoiy discharges about one lakh litres of waste water
containing highly toxic chemicals, into Chambal river everyday.
The presence of mercury in the water was found as high as 0*25
! gram per litre which is 250 times higher than the permissible
limit laid down by the World Health Organisation.
Pesticides
Pesticides are widely used today for plant protection and for
■boosting farm production.
to pesticides are dying.
But at the same time, workers exposed
In India, the use of pesticides has risen 40 fold in the last
twenty years. At the same time, pesticide poisoning cases are
today estimated to be around 3/000 per year.
Pesticide poisoning kills both, workers engaged in its production
and farm labour using it for spraying.
national Institute of Occupational Health conducted
a study of five formulation units registered as small scale enter
prises and a unit producing phosphate group of insecticides.
After examining 160 male workers employed in the units, it was
found that 73% had poisoning and 35 percent cardio vascular and
gastro intestinal problems.
-16-
COMMON OCCUPATIONAL CARCINOGENS
AGENT
ORGAN AFFECTED
Wood
Nasal cavity and
sinuses
Nasal cavity and
sinuses; urinary
bladder
Lung; larynx
Leather
Iron oxide
OCCUPATION
Woodworkers
Leather and shoe workers
Iron ore miners, metal
grinders and polishers;
silver finishers; iron
foundry workers
Nickel
Nasal sinuses; lung Nickel smelters, mixers,
and roasters; electrolysis
workers
Arsenic
Skin; lung; liver
Miners; smeIters;
insecticide makers and
sprayers; tanners;
chemical workers; oil
refiners; vintners‘
Chromium
Nasal cavity and
Chromium producers,
sinuses; lung;
processers, and users;
larynx
acetylene and aniline
workers bleachers; glass
pottery, and linfleum
workers; battery makers;
Asbestos
Lung (pleural and
Miners;,millers; textile>
peritoneal
insulation, and shipyard
mesothelioma)
workers
Petroleum/
y
Nasalp cavity;
Contact with lubricating,
petroleum coke / larynx
„
lung; skin; cooling, paraffin or wax
wax/ creosote/ scrotum
fuel oils or coke; rubber
anthracene,
fillers; retort workers;
paraffin, shale,
textile weavers; diesel
and mineral
jet testers
oils
Mustard gas
Larynx; lung;
Mustard gas workers
trachea; bronchi
Vinyl chloride Liver; brain
Plastic workers
Bis-chloro
Lung
Chemical workers
met hyl ether/
chloromethyl/
methylether
Isopropyl-oil :Nasal cavity
Isopropyl oil producers
Coal soot#
Lung; larynx;
Gashouse workers, strokers,
coal tar# other1 skin; scrotum;
and products; asphalt/
products of
urinary bladder
coal tar, and pitch
coal combus
workers; coke oven workers;
tion
miners; still cleaners
Benzene
Bone marrow
Explosives, benzene, or
rubber cement workers;
distillers; dye users;
painters; shoemakers
17.
••15..
Farm labourers are worst affected from pesticide poisoning as they
get-exposed for a longer period .during, .spraying operations. Cases
of cancer; stunted growth of farm workers’ children# deformities,
blindness, disease of the livei and nervous system have been
identified. Industrial Toxicology Research Centie found in a
study.that one fifth of the farm workers have impaired eye-sight
following macular degeneration*
Some of the pesticides like DDT are totally banned in Europe and
America but they are still used in our country.
• .1
•- • j.
•j.
.’.T
~ ..JBL
•‘S-
-17-
Auramine/
Urinary bladder
benzidine/
alpha Naphythylamine/ betaNapht hylamine f.
magenta/ 4 Ami
nodi phenyl/
-4*Nitrodi phenyl
Dyestuffs manufacturers
and usersrubber workers
(pre s smen / f i It e rmen,
laborers); textile dyers 2
paint manufacturers.
o
Source: National Cancer
Institute/ USA
.• (
COMMON TOXIC SUBSTANCES
Toxic Substance
Common. Source of
Exposure
Acetone
Paint thinner;
glue.
Vehicle exhaust;
other burning*
Acrolein
Ammonia
1-.
Asbestos .
-S
■
r e a.= "7
' Benz^enje
’ ■ f.:
.if' j
Beryllium
•y...
Brass'
■■
-z
.to
x.-
Cadmium
- til •
Cleaning; blue
printing; heat
treat (nitriding
furnace); coke
oven by-product•
Adverse Health Effects
See "solvents"Excessive irritation of
skin and mucous membranes
of eyes and respiratory
tract•
Irritation of respiratory
passages, cough and
shortness of breath/
pulmonary edema/ bron*
chitiS/ severe irritation
of eyes/ conjunctivitis/
caustic action on skin*
Severe'lung injury;
cancers of the lungs,
1 stomach/ colon.< and
lining of the lungs*
Manufacture of
brake shoes; .
insulating
materials (both
installing and
maintenance);
plastic fillers.
Solvent; contami Anemia/ blood damage/
nant in toluene
leukemia/ see also
and other hydro
"solvents ’’.
carbon solvents;
coke oven
emissions.
Grinding of spot
Metal fume fever/ severe
weld guns;
lung injury/ cancer*
machining bery
llium metal;
machining -of die
cast ram tips;
Non- Eerr pus
Metal fume fever (in
f oundries, we Id-■ • fluenza-like reaction)/
ing with brass.
may also contain lead*
Brazing; silver
Loss of appetite/ weak
solder; plating;
ness, nausea, vomiting,
welding on
rapid pulse, inflamma
plated or some>
tion of lungs, cough,
alloy steel. .
soreness
of chest*
’.i -?t
Metal fume fever
' { chemical pneumonitis,
emphysema*
. . 18.
Carlo on monoxide
... .1 .
•/
-19Gasoline exhaust;
untuned propane
exhaust; foundry
cupolas; faulty
furnaces and
bum-off from
molds in found
ries; any burn
ing of carbon
containing
materials.
Headache, nausea, dizzi
ness, slow pulse,
redness of skin, weakness,
dimness of" vision, noma
and death, long term
effects on heart, vision,
and memory,.
Chrornateq
Pigments in
brightly colored
paints; spraying
and sanding these
paints.
Lung cancer, skin
ulcerations.
Chromic Acid;
■Chrome Metal
Fume.
Plating; etching;
metal cleaning;
welding stainless
steel.
Irritation and ulceration
of mucous membranes; skin
damage; perforation of
nasal septum.
Cutting Fluids
(Oil Mist)
Machining • .
operations.
Skin <irritati on; chemical
pneumonias,; possible lung
and skin cancer; chemical
additives to fluids raise
additional unresearched
problems.
Ethylene
dichloride
Gluing plexiglass.
liver and kidney damage,
see also ’’solvents11*
Epoxy
Gluing operati ons;
metal surfacing
(powdered form).
Skin disease and sensi
tization, lung disease
and sensitization
(powdered form). Some
epoxy chemicals cause
nausea, lung damage, and
kidney damage#
Fiberglass
Car body mock ups,
insulation! boat
manufacture,
especially dange
rous when ground
or cut up with
power tools.
Skin irritation, lung
irritation; possible
lung carter (depends on
size of’fiber).
Flourides
Stick Welding
(coating on rod
contains flu
orides.) fluxing
molten aluminium
or zinc.
Respiratory irritation,
chills, fever, shortness
of breath, cough* long
term exposure may affect
the bone structure or
cause kidney damage-.
Gasoline
Engine 'fuel;
wipe-off*
See ’’solvents”; lead
gasoline has a lead
hazard.
...19.
-19Hydrochloric
Acid
Pickling.tanks,
plating, metal
treating, fluxing
aluminum
Hydrogen Sulfide By-product of oil
refining and waste
water treatment,
chemical and dye
manufacture.
Isocyanates
(TPI, MDI, HBI)
Violent coughing, short
ness of breath, bron
chitis, ...destruction of
teeth, contraction of
throat, coma, caustic
action on skin• Irritant to eyes and
respiratory tracts foul
•"rotten egg" odor, lung
disease, nerve damage.
Used in making poly- Asthma-like attacks,
urethane foam,
tightness in chest,
poly urethane paints,difficulty in breathing,
insulating material, reduces 'lung capacity
certain core-making over period of time
operations in
foundries.
Lead.
Storage battery manu Fatigue, irritability,
facture; soldering
sleeplessness, pains in
operations; sprayjoints, stomach pains,
• ing and sanding
damage to blood forming
lead based paints s
systems, anemia, kidney
non-ferrous
damage, nervous system
foundries; ceramics, damage, sterility" and
birth defects.
Mercury
Electrical appara
Inflammation of gums, loss
tus
manufacture;
.p
. .
.
:
teeth, thyroid prolungicide m paints, blems, nervousness,
irritability,.kidney
damage, brain and nervous
system damage, person
ality changes.
Methyl Alcohol
(Methanol)
Solvent-
Blindness, abdominal
pain, liver damage, and
see "solvents".
Methyl Ethyl
Ketone (MEK)
Solvent, cleaning
agent, thinner in
paints and glues.
See "solvents".
Methylene
Chloride
(Dichloromethane)
Paint.stripping;
cleaning; degreas
ing.
Affects -the blood, see
also "solvents".
Naptha
Nitric Acid
Plating; pickling
metal stripping;
descaling-
See "solvents", can also
contain benzene.
Irritation of air passages,
spasmodic cough, bron
chitis, feeling of
suffocation, pain in
chest, digestive distur
bances, depression of
the central nervous
system and severe burns
on the skinContinued exposure to
diluted fumes is said to
cause chronic inflamma
tion of the respiratory
tract-
Oil Mist
- i:
-20Machining operas
tions.
See "Cutting fluids".
Oil Smoke
Heat treat, forging#
burning or welding
on oily stock# bumoff from oily
engines -
Contains irritating and
cancer-causing chemicals
Ozone
Welding, electric
arcing-
Irritation of eyes and
respiratory tract#
headache, cough# pul
monary edema-
Perchloroethyr
lene (Tetrachlorethylene)
Degreaser, cleaning
agent• 1
Liver damage, possible
kidney'damage# see also
"solvents"-
~Polychlori‘ Transformers; capacnated Biphenyls itors; heat trans^
fer systems; fire
(PCjr’s)
retardants.
Chloracne, pigmentation
of skin and nails#
swelling of eyelids,
visual disturbances,
liver damage# cancer-
?>. ■.
*
Obstructive lung disease,
emphysema# silicosis*
Silica
foundries,:ceramics,
p orc ela in-coat ing
operations, glass
making-
Solvents
All solvents can dry
Paint and glue
thinners degieaSers, and irritate the skin
with continuous contact
cleaning agents-.’
causing skin disease.
four classes can be
All solvents affect the
distinguished:
nervous system causing
1) Aliphauic hydro
headaches, nausea, dizzi
carbons (glues and
ness,
sleepiness, drunkcold cleaning)
enne
s
s
, unc ons c i o usnes s
2) aromatic hydro
and
deathSolvents can
carbons (glues and
irritate
the
eyes and
paints),
mucous
membranes
. Most
3) chlorinated hydro
solvents
are
easily
carb on s (degreas
absorbed through the skining and cold
Some solvents cause
cleaning), ,
permanent nervous system
4) polar organics
damage, kidney and liver
(paint solvents)
damage, and possibly
cancer.
Styrene
(Vinyl Benze
ne)
Used in making
plastics; polyester
lay-up and fiber
glass lamination-
Sulfur
Dioxide
Irritation of mucous
Burning of some die
membrances,
irritation of
lubricants, combus
lungs,
bronchitis#
tion of sulfur-bear
shortness of breathing coals and pet
roleum fuels-
Sulfuric Acid
Plating; metal clean- Skin irritation and
ing; battery recharg- damage# irritation to
irrimucous membranes, i__
ing; battery plant
tation to lungs, shortforming operations;
automotive emissions, ness of breath# decay el
r.-
Strongly'irritating to .
eyes and upper respiratory
tract, headaches nausea#
and skin irritation-
teeth*
. • .21
j*'.. li-Wpv-
••
-21-
Talc
Paint; rubber &
ceramic industry.
Toluene
Thinner in glues and May contain benzene as a
contaminant# see also
paints; cleaning
"solvents".
agent•
TrichlorneCleaning solvent
thane (Methyl & vapor degreasers
Lung disease# may also
contain asbestos as an
impurity*
See "solvents".
Chloroform)
Trichloroe
thylene
Cleaning solvent &
vapor degreasers
See "solvents"/ possibly
also cancer.
• i.
Turpentine
Paint thinner
Kidney damage# see also
"solvents"..
Welding Fume
Welding
Lung damage, other hazards
depending upon type welding#
type steel#? type rod/ and
any coating on steel.
Zinc
Welding on galvani Metal fume fever (flue
zed steel# brass
like attack) nauseafoundries# powdered
metal 'operations
die casting*
...22.
-22IEGAI ASPECTS
The most direct reference ■'
to occupational health and
safety comes in the Factories Act.
However, certain provisions exist in the Mines Act, 1952,
The Plantations Labour
Act 1951, The Contract labour Act,
1970/ The Inter-State
Migrant Workmen Act, •1979/
--- The Beedi^and Cigar Workers Act,
1966, The Employment of Children
Act, 1938/ The Workmens
Compensation Act 1923.
Factories Act
sifetv11",1'30^2'1^ ACt was a6Signe<i t0 Prote<:* ‘he health and
saiety of workers in the factories.
Workers rare
_ to
1 be protected against dust and fumes
injurious to their health
i and factory inspectors can take air
samples in the factory for testing. Safety and health
surveys can be carried out after giving written notice to the
employers.
,,
19U 11 t0 20 °f Chapter (m) of the Act deal with
these issues, revisions here also include cleanliness,
a equate ventilation, heat, humidity and lighting facility,
enough wqrking space and proper Wlet
dr
/
lacillty.
.
ACt dea'Ls with safety. The Act requires the owner to
in orm the Chief Inspector of Factory, .any worker’s absence
o more than 48 hours of work due to injuries as well as
fatal injuries.
The Act lists a number of notifiable diseases. The
owner has to inform the Chief Inspector if any worker
contracts any one of these diseases.
The Act empowers the government to declare any manu^
urmg process dangerous and stop it- The government
a so prohibit the employment of women and children,
require medical testing and Sections 21 to 40 in Chapter
of the worker protection- The list of notifiable
diseases is shown alongwith.
ESI HOAX
Most industrial workers are members of Employees State
Insurance.Corporation* The ESI has its own hospitals, clinics
and doctors for the treatment of workers.
...23.
-23What is Your Experience of.ESI?
By and large workers complain of indifference and
negligence by ESI doctors and other staff.
In respect of occupational diseases, ESI doctors mostly
draw a blank. Workers are never diagnosed to have any work
related diseases. This is due to many reasons. Firstly, ESI
doctors are not trained to diagnose and treat occupational
diseases. Secondly, ESI clinics and hospitals lack the basic
equipment and facilities needed for proper diagnosis and
treatment of such diseases. Thirdly, the doctors collude
with the employers in not diagnosing occupational diseases
so that the employer faces no responsibility for prevention
and compensation.
So, when a textile worker or miner goes to ESI, the
doctors tell him that he is suffering from asthma and TB, and
not black lung or brown lung*
Thus, workers remain unaware and unprotected*
LIST OF NOTIFIABLE' DISEASE'S
1 . Lead poisoning including poisoning by any preparation or
compound of lead or their sequelae.
2* Lead tetra-ethyl poisoning.
3* Phosphorus poisoning or its sequelae.
4* Mercury poisoning or its sequelae.
5* Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7• Poisoning by nitrous fumes.
8- Carbon bisulphide poisoning*
9* Benzene poisoning/ including poisoning by any of its
homologue-S/ their nitro or amino derivatives or its
sequelae.
10. Chrome ulceration or its sequelae*
11* Anthrax.
vX
... V»■
12- Silicosis.
. • 24
'A'’',-AS
-;
..T’
' “
'
- C--V4-'
•
'
-24z
C-/
X
■
.f
I
•
• *‘
‘
r
. '
'
P
13- Poisoning by halogens or halogen derivatives of the
hydro-carbote of the. aliphatic series.
•
14* Pathological manifestation due to:
a) radium,or other radioactive substances.
b) X-rays.
■.] ./
15* Primary'epitheliomatus cancer of the skin*-
16- Toxic anaemia*
17* Toxic jaundice due to poisonous substances.
18. Oil acne or dermatities due to mineral oils and compo
containing mineral oil base.
ds
19. Byssinosis.
20. Asbestosis.
21 . Occupational or contact dermatitis caused by direct
contact with chemicals and paints. These are of<two
types, that is, primary irritants and allergic
sensitizers.
22. Noise induced hearing loss (exposure to high noise
levels).
WORKMEN»S COMPENSATION ACT/ 1923
The Act was designed to require the employers to pay
compensation to workers for occupational diseases and injuri s.
The Act provides for a list of compensable diseases in
Schedule 3/ which is also shown heie- The Act provides
for rate of compensation in cases of different injuries
and diseases.
Problems
These legislations suffer from a series of inadequacies
and problems. The following are the main ones:
1 • As with other legislations/ these Acts also suffer from
ineffective implementation• For example/ the visits by
Factory Inspectors are only rarely made.
2. The Factory Inspectorates under the Act do not have
adequate number of properly trained staff. In places like
Bihar, there is one inspector for more than 1000 :
-25-
factories* The staff of the Factory Inspectorate are also
not properly trained in respect of occupational health
and safety* Their collusion with the management is also
well-known*
3- Many of-these Acts contain several loopholes* For
example, the government can relax certain provisions of
the Factories Act from application to certain factories
and these exemptions’ have been liberally utilised by the
government•
4. The workers.and their unions have no lights in these Acts*
For example, workers have no right to information, they
can not see factory inspection reports, get a copy of
their own medical test report/ and do not have a right
to have information about materials they work with*
Nothing in the Act requires factory inspectors to consult
and/or involve the workers or their representatives•
5* The deterrence or punishment provided in the Acts is
thoroughly inadequate- For example, non-compliance of
employers with health and safety provisions can attract
punishment of a few hundred rupees only• It is simply
ridiculous -
6* The Acts exclude many dangerous diseases which are now
iwell known to be occupational diseases- For example,
there is no reference to cancer causing materials, e*g*
asbestos, certain chemical and dye industries7• Workers in a large number of occupations are notcovered
under these Acts and thus remain unprotected* For
example, construction workers do not have any rights
or facility under these-Acts*
8* In essence, there is no comprehensive legislation on
occupational health and safety which can tackle this
problem in its entirety*
...26o
>
-26-
SCHEDULE III:
LIST OF OCCUPATIONAL DISEASES
s.No
Occupational disease
rn
(2)
PAET A
1 ••
Infectious; and parasitic diseases contracted in
. an occupation where there is a particular ri^k of
contamination-
2-
Diseases caused by work in compressed air.
3-
Diseases caused by lead ox its toxic compounds.
4-
Poisoning by nitrous phosphorus compounds:
PART B
1•
Diseases caused by phosphorus or its toxic
compounds.
2.
Diseases caused by mercury or its toxic compounds.
3-
Diseases caused by benzene or its toxic homologues
4-
Diseases caused by nitro and amido toxic
derivatives of benzene of its hemologues.
5-
Diseases caused by chromium or its toxic compounds.
6.
Diseases caused by arsenic or its toxic compounds-
7-
Diseases caused by radioactive substances and
ionising radiations*
8-
Primary* epitheliomatous cancer of the skin/
bitumen/ mineral oil/ anthracene/ or the compounds/
products or residues of these substances.
9-
Diseases caused by the toxic halogen derivatives
of hydrocarbons (of the aliphatic and aromatic
series).
10.
Diseases caused by carbon disulphide*
...27.
<
-27(2)
(1)
11.
Occupational cataract due to infra-red radiations.
12.
Diseases caused by manganese or its toxib
compounds.
13.
Skin diseases caused by physical/ chemical or
biological agents not included in other items.
14-
Hearing impaiiment caused by noise.
15-
Poisoning by dinitrophenol or a homologue or by
substituted dih.itrbphen.ol or by the salts of
such substances.
........... --
■■ ■
■ -"
-!-
■
.l-.
16.
Diseases caused by beryllium or its toxic compounds.
17-
Diseases caused by cadmium or its toxic compounds.
18.
Occupational asthma caused by recognised sensi
tising agents inherent to the work process.
19.
Diseases caused by fluorine or its toxic compounds.
20.
Diseases caused by nitroglycerine or other
nitroacid esters.
21 .
Diseases caused-by alcohols and ketones.
22.
Diseases caused by asphyxiants: carbon monoxide/,
and its toxic derivatives^ hydrogen sulfide.
23-
Lung cancer and mesotheliomas caused by asbestos.
24-
Primary neoplasm- of the epithelial lining of the
urinary bladder or the kidney or the ureter-
PART 0
1•
Pneumoconioses caused by sclerogenic mineral dust
(silicosis/ authraoosilicosis/ asbestosis) and
silico-tuberculosis .provided that silicosis is
an essential factor in causing the resultant
incapacity or .death*
2.
Bagass osis.
...28.
-28-
3.
Bronchopulmonary diseases caused by cotton# flax
hemp and sisal dust (Byssinosis).
4-
Extrinsic allergic alveelitis caused by the
inhalation of organic dusts.
5-
Bronchopulmonary diseases caused by hard metals.
HOW TO CONTROL HEALTH HtlZARBS?
Firstly you can fight for establishing proper controls
There are three broad strategies to control hazards:
A) Engineering Controls:
B) Administrative Controls ? and
0) Personal protective equipment
A) Engineering Controls:
These are the most effective and permanent way to
control health hazards. There are three types of
engineering control techiques that can be used:
(i) Substitution
(ii) Isolation
(iii) Ventilation.
(i) Substitution is the most positive of all controls*
If a material, machine, or process is dangerous, the
best thing is to substitute a new material, machine
or process that is less hazardous.
(ii) Isolation of a hazard by using a barrier or esta
blishing a safe distance from it is an effective
control method* This can be done for Noise.
Ventilation is the movement of air to keep air
contaminants (dusts, mists, gases, fumes or vapours)
from reaching the breathing zone of the workers.
These are of two kinds: General or Local Exhaust
Ventilation*
. . .29
1
-29-
General Ventilation is designed to move air through
the entire- workshop. Air is continually sucked out
by fans in the ceiling or walls* Fresh air is pulled
in through inlets. This make-up air mixes with, or
dilutes, the air in the work place* General
Ventilation may make the workplace more comfortable*
It will not make -it any safer if toxic dust, fumes
or gases are present* No general ventilation system
can protect you from breathing contaminated air.
This system can work well in offices and other work
areas where the air needs to be exchanged to make
it fresher.
Local exhaust Ventilation is designed to remove toxic
dustr fumes, and gases at the point where they are
Serrated* If engineered properly, it v/ill capture the
contaminant before it can escape and enter the worker’s
breathing zone* "A local exhaust system consists of a hood
close to the site to suck in the contaminated air, ducts
to carry it away, a fan, and an air cleaning device to
purify the air before it is vented outside*
B) Administrative Controls:
They do not eliminate hazards, but do limit a worker’s
exposure to a hazard* Some examples of administrative
controls are:
1) Rescheduling the work to a time-when fewer workers
will be exposed.
2) Extending rest periods (can be used to control
exposures to excessive heat or cold)•
i
3) Job rotation*
^^rs°aal Protective equipment and Clothing:
These are the least effective methods of fighting
hazards. Besides being uncomfortable and interfering
with work performance, they can create their own health
and safety hazards* These things should be acceptable,
only when it has been'proven that' engineering controls
are not feasible.
...30.
-3 0-
The preparation of protective clothing and the
more mechanical type of protective equipment is not
always easy. Generally such things as overalls, boots
and shoes, gloves and aprons are•protective clothing,
where as ear plugs and ear muffs, respirators, helmets,
£l%_sses' giggles and welder’s masks are pro
tective equipment.
MEDICAL TESTING
Medical testing can be an important weapon in the
fight to protect your health on the job- However*/ it is
also a weapon that the company, can use to deny your rights
to healthier work provisions and environment and job
security•
There are some basic things about these testings you
need to know. The most important point is that medical tests
won’t get your health back- Eor many job related health
problems, there is no effective treatment- Medical
examinations are only one part of an overfall union pro
gramme on safety and- health. Prevention — the control of
hazards — should always receive the top priority.
Types of tests
There are basically 'two types of job-related medical
tests:
^P^ -toxic substance in our bodies alert us to
dangerous exposures.
ii) 22i§ea£^ord^
iC)Ok fDr evidence that we
have already developed an occupational disease.
.S2^..^Ljnedical tests for toric substances useful?
They can detect the presence of dangerous chemicals
in our bodies either before an actual disease is
produced or .before we feel sick. To be effective,,
these tests must be done at relatively frequent
intervals, and compared to previous tests.
If we have developed vague' symptoms, such as dizziness,
headache or fatigue, the tests may point to toxic
suostances which may be causing the problem.
o. .31.
■1 -"•;r
.:■/
-31How can disease monitoring tests help workers?
If done periodically/ tests can often pick up health problems early, They can also dtect changes over time,
to determine if our health is getting worse-
They are useful documentation in worker’s compensation
• - J.' j ?
cases.
They are useful for union studies which can compare the
records of different groups of workers to determine if
there is a pattern of disease in certain work areas or
industries.
They can he used to educate co-workers about hazardous
substances. May be y0Lir illness has to do with your
job. What chemicals are you working with? Doctors
should try to identify the real cause of bad health.
Conditions in the plant are often to blame. Does your
doctor take into consideration your working
environment?
. . .32
-32-
What,they are
looking for
Possible source
of Problem
Chest X-ray
Damage to Lungs
Mineral dusts. Cotton
dust •
lung function
test
Reduced breathing
ability
Solvent fumes/ dusts,
beryllium, T*D’I»
Angiogram
Hearing Loss
Excessive Noise
Urinanalyses
Industrial
substances in
body
lead. Mercury# Solvents
dyes and their
metabolites•
Blood test
Industrial sub
stance in body
or organ damage
Lead, mercury. Solvents
Carbon Monoxide,
Vinylchloride
Skin tests
body reaction to
industrial Sub
stances
Solvents/ oils,
fibreglass, plant
and animal products/
metal dust (Nickel/
arsenic)•
Liver func
tion test
disease or
damage in liver
Vinyl chloride, carbon
tetra chloride, chlo
roform, arsenic.
Test
. . .33.
/
y,
-33FITOINC-. THE HAZARDS
There are different ways to identify the problem spot*
One does-, not need to be an expert to find out the hazardsin his workplace* You can be the most qualified person
to identify dangerous situation because you have to face
them every day on the shop flooi*
Find out yourself
The. best way to find out is to start by doing a
complete walk-through in the entire plant, department by
department, writing down every problem that is known to be
a hazard or that someone suspects might be one- The first
step is to list the problems you already 'enow*
In the course of your survey, talk to as many workers
as possible to find out their concerns- You may find that
part of the problem is that workers are not interested.
But, it is just not enough,to write them off as ’apathetic’.
They may take some hazards for granted, or be unaware of
hidden dangers.
At times many workers have greater worries, particularly
if their jobs are threatened and management is getting
tougher. Management may stress on ’’idividual carelessness H
because it is.a convenient scape-goat to save them from
their wn responsibility to provide safe and healthy
working conditions.
A few questions to think about ao you walk through
the plant are:
*
Is the noise so loud that it makes you hear nothing?
Dulls your hearing?
*
Do vapours or fumes smell terrible? Make you
dizzy? Sleepy? Give you a headache?
*
Do the fumes from welding operations make you feel
like you have the flu?
*
Does the dust make you cough or sneeze, or make
your throat dry, hurt your eyes?
.. .34.
f
-3 4*
Is any machinery or equipment faulty? What about
electrical wiring? Do the machines have proper
guards?
*
Is the floor slippery?
Is there sufficient light?
Write down each problem/ its source and location*
Hidden Hazards
After spotting out the obvious problems, you can
proceed to discover hidden hazards, Por the sake of convenience, the latter can be divided into two categories;
Safety and health hazards.
This list of safety hazards does not cover everything.
But it leads to the kinds of questions to ask*
PLANT HAZARDS CHECKLIST
Safety Hazards
1.
Are all machines properly guarded so that the hands do
not come into contact with the moving parts?
Belts, pulleys & rotating shafts?
Chains, sprockets and gears?
All rip points?
All rotating parts recessed or covered with collars?
2*
Are the work areas and walkways free of debris and in
good state of repair?
3.
Are all stairways (including the emergency exit) clear,
in good repair, and have guardrails?
4-
Are all cables in good repair and regularly checked?
5-
Is there a lockout system to prevent infumes from
moving and exercised machinery?
6.
Are electrical wires and outlet boxes covered and in
good state of repair?
♦..35<
4.i
£
t
-3 5-
I
7-
Is lighting adequate for the job?
8-
What accidents or near misses have occurred in the
recent past i*e. say in the last month or so?
Health Hazards
1-
FI
T7hat chemicals were inside the factoxy, and on the
loading dock, what information is on the label, where
do they go?
I
Which
2*
Ho workers ever get any chemical on their skin?
are those chemicals? Can you identify them?
3-
Is there any visible dust in the air?
source?
4-
What ventilation system is installed# how is it posi*
tidfied in relation to the workers, how well does it
seem to work?
What is its
<*•
1
•. 5-
Can you. smell any of the chemicals being used?
6*
Which areas of the plant are noisy? In which area is
the noise so loud that you have to shout to be heard
from a distance of one yard?
7-
Make a list of all the substances (e*g. asbestos, acids,
solvents,’faints), being used in each section of the
l
-X _
factory, with as.many of the chemical names as you can
obtain-
8<
Health Problems
/
i
Listen, if the Workers complain about:
-
1 ■’
Skin rashes
dizziness
- fainting attacks
-• nausea
?
- coughing and breathing problems
- eye irritation
- nose irritation
- temporary hearing loss
- ringing in the ears,.^.,.,
- persistent headaches
* any other problems they feel to be workers late d*
. ..36.
/
-3 6-
As you make
a survey of hazards in the factory, remember:
-Suspect everything keep written
records of every thing
you find.
-draw diagrams of any area/s with
(showing for example, position of particular problem/s
workers, source of fumes,.
ventilation point).
I
““Count the number
of workers exposed to each hazard.
-document in writing all
requests made to management
personne
_health and safety COMMITTEES
The British "Health and
Safety at Work Act" was enacted in 19
In 19.78, an amendment to the
Act erpated union Health and Safety
Representatives with
rights.
- --These safety Representatives
investigate the hazards and
complaints of workers, make represents
cions to employers and
approach Health and safety Executive-(hse)o
the government.
j
In order to> carry out these duties
, Safety Representatives ha^
legal rights in
respect of employers.
and Health and safety Inspec
*
Employers ]must .give them
facilities to rinspectioni of fcheir
carry out
Work
while
the shifts
on a 3 monthly basis;
-J are on, at least
te
*
if there is an accident or <
dangerous occurrence*
must be permitted to inspect;
they
* they must be
allTani°j:L,
see ahy do^ents which
relevant to health
are
—
ana safety;
* th ey m ay J—
request the
committee to review mee“S^neSe^ortee/Sety
and health;
y
★
★
r'
they should be i—
immediately notified when the hsf
visits/ and —
should be
he permitted -t-e
HSE inspector
and consult ;privately;
they maj also tSJFSe^ inSpe*tor'
*
of any substance for
i-c independent anal^X
own.samples
tfstinaPev^°rf+must ^ive them
taken;9' F Sults of sampling information on measurements,
or monitoring, and
—d ary action
they have a right to ^voil
carry out their functions, paid "time off" in order tc
training..
* and to undergo union and TUB
* . - . 3-7
-3 7-
The Act also provides the employees in general/ anc: safety
representatives in particular, the rights to information about
health and safety concerns.
Since 1978# the Trade Union Congress (TUC) has trained more
than- one,.lakh Health and Safety Representatives (HSR) . The workei
acting as HSR# are appointed by the unions. And thus a new cadre
of trained and committed leadership on health and safety of worker
has emerged within the trade .unions.
Can our unions similarly create and train health and safety
experts from among -the members?
GOOD PERSONAL HYGIENE
The importance of good personal hygiene must be recognised ii
preventing the harmful effects of poisonous substances. For
example, dirty hands can easily transfer such substances to the
mouth# eyes and face. Here are some other important tips to
remember and practise:
*If you work with dangerous dusts# take a bath and wash your
hair after work.
^Periodically change dirty work clothes.
*Avoid eating food beside the workbench or machines.
Make sure that your working environment comes upto standard.
Do not get old before you need to.”
What can the Unions Do?
experiences of struggles of workers and unions from other
countries show that several strategies are needed for correcting
work place hazards# for example:
^S^Ji^Suryeys^ carried out by workers and activists.
_ Check up of Workers? with the help of professional
experts in Industrial Health Industrial Medicine.
38
r
»
-38
* Plant Surveys^ to identify hazardous working
places/
machinery/ processes/ materials and jobs.
* Educating and Mobilising the workers on work related health
hazards.
* Struggles for corrective measures to be adopted by the
management- bringing occupational health and safety issues
in the charter of demands.
*
Pressure for more effective implementation of existing
legislation and formulation of a better and comprehensive
'legislation.
Safe work is Your Kight: Demand It!
* * ★
i
I ■'
r-.
J
y
MEMORANDUM SUBMITTED TO CHIEF MINISTER ON JANUARY 22/ 1986
'BRIGHT TO WORK” DAY CELEBRATI ON
Shree.Ramakrishna Hegde,
The Hon*ble Chief Minister,
of Karnataka/
Bangalore.
Dear ghree.Hegde,
Sub: Memorandum appealing for Employment
Guarantee Act in Karnataka/
★ ★
'k
*
We appreciate the progressive efforts arid initatives of Govt,
of Karnataka in starting the Karnataka Rural Employment Guarantee
Scheme/ 1983/ on the lines of Employment Guarantee scheme of
Maharashtra/ with the objectives of providing guaranteed and
gainfull employment to unskilled labourers in rural areas and
meaningfully involving them in creation of community assets and
infrastructral facilites for rapid growth of rural economy.
Our development efforts over the last four decades/ with
massive investments under five year plans/ were focussed to tackle
the problem of under employment and unemployment.
Various schemes
such as Rural Manpower Program/ Crash Rural Employment scheme/
Drought Prone Area Program and National Rural Employment Program
were undertaken.
These schemes have remained populist slogans/
making no effective dent in the quality of rife of rural landless
labourers/ or significant impact in reduction of rural under
employment.
Most of these well intended and planned schemes were
smothered and whittled dowQ/On account of administrative inefficencies/ paucity of resources, corruption and political controversies
& lack of political will considering the above mentioned short
-9S
commings and anomalies in various schemes/ the Government of
Maharashtra launched the Employment Guarantee scheme with determined
efforts to allivate rural under employment. This scheme is backed by
an Employment Guarantee Act/ which recognises the dignity of an
individual and his ‘right to work1 as enshrined in article 41/
Directive Principles in the constitution of India.
However/ the introduction of Rural Employment Guarantee scheme
in our state is the first step in the right direction to protect
. . .2.
L
4
h
the interests of rural labour,
The conspicuous absence of
statutary backing in our state scheme will not make this scheme
any better than our earlier schemes, Hence we all feel that the
A.
state should recognize the signif icar? 7
part of the EGS Maharashtra
i.e., the statutory backing, which was instrumental in ensuring
guarantee and success of the program. Hence, we all concerned with
rural poor appeal to the Government t; enact an employment guarantee
act in cur legislature, which will cere a long way to strengthen
their political commitment of the sta -.e towards the disadvantaged
and to succeed in realising the objec-.ives of the scheme.
Our Demands:
1) Recognition of r* right to work'
Employment Guarantee• Act.
through■an enactment of
2) To involve and support non-governmental organisations such
as voluntary organizations/
_
t trade uni on s etc., m podu! ar i
i <■ r
’ ’ and rawareness about the scheme.
Popuicrisation
■
3) ir°,2“in®te representatives of voluntary organizations and
at
£l^°^l«rlS9
rUral P°“ to RE=5
at -caiuka, district, and state levels.
4) to form, seParate organizational macainery
for better and
effective implementation of the scheme.
■■ -{
:■
5J To involve r
? Voluntary Organizations and
trade union representatives oin
_.i project formulation.
6) To implement the
scheme through the voluntary organizations.
7) To involve the
representatives of rural poor, voluntary
organizations4, and trade unions in drafting the employment
guarantee act.
we, people working with rural poo; and organizations once
again strongly appeal to the
governmen to consider these demands
and implement them at the earliest,
Some of us would be very happy
to extend our support and cooperation
:or bett< r and meaningfull
implementation of the scheme.
Thanking you.
- .-7?
Yours Sincerely,
..
'I
"''v
...r./
■II:
'EMPLOYMENT GUARANTEE SCHEME' FOR RURAL POOR
a laudable scheme
(act) by government of Maharashtra need to be
FOLLOWED BY OTHER STATES WHERE RURAL UNEMPLOYMENT ISACUTE
Developmental efforts over the last three decades through
various anti poverty such as IRDP/ NREP, CSRE, IAD, DPAF, etc./
have not made any visible impact in alleviating rural poverty
and unemployment/ anti-poverty programs have remained populist
gestures.spreading political consumerism.
However the Employment Guarantee programme intiated by
Government of Maharashtra is an exceptionally significant programme
committedly under taken, geared up to tackle the problem of
unemployment in rural areas. This programme recognizes the dignity
of an individual and his ’right to work1 by an statutory accord
called ’Employment Gaurantee Act 1979. Under this act, the state
Guarantees to provide, gainfull and productive employment oppor
tunities to the rural unskilled labourers under various developmen
tal projects in creating durable community assets, to strengthen
the rural economy.
This programmehas tremendous potentials to mobilize the
agricultural labourers/ and rural
poor for better wages and
services to improve their quality of'life.
Hence all the voluntary organization trade unions/ civil right
groups/ and political parties Concerned with rural poor, should
come together to struggle and demand for employment gaurantee,
in Karnataka. The Sailent feature of E.G.S. is given below:
EMPLOYMENT GUARANTEE SCHEME:
In July, 1969, a Pilot Employment Guarantee Scheme was ini
tiated in 50 blocks in 23 districts. Then Maharashtra Govt.,
launched--the E.G. Scheme in May, 1972. In view of the abncirmal
circumstances arising out of the famine of 1972 the Government
had to suspend the E.G. Scheme and start famine relief measures.
The E.G.S. was then revised in the year 1974-75. The Government
of Maharashtra passed comprehensive resolution on 20th September,
1974 and it was unanimously supported by both the houses. Maha
rashtra accorded the statutory recognition by passing the Mahara
shtra Employment Guarantee (MEG) Act (1977), it was brought into f
force from 26th January 1979.
RESOURCES FOR E.G.S.
For raising resources needed for implementing the E.G.S. and
to provide the Establishment of Employment Guarantee Fund, taxes
were levied on professions/ Trades/ callings and employment under
the Maharashtra state Tax on Pfofession/ Trades/ Callings and
Employment Act 1979.
THE FUNDAMENTAL PkEMISE:
The fundamental premise of E.G.S. launched in May 1972 with
statutory status in January 1979 is.
a) Gainful and productive employment, gainful to the individual
and productive to the economy, in approved works to all unskilled
A COO
..2.
/
OT.-.:
-2-
persons in rural areas who need work and are prepared to do manual
work but cannot find it either on farms or allied operations in
the area or on the normal plan/nonplan works implemented by the
Government departments and Zilla Parishads.
- .'t
b) Only productive works which result in the creation of
durable community assets, the work relating to minor irrigation,
.soil conservations/ land development, road development in hilly
. ■ and inaccessible areas, plantationxof trees along canal and roadside
are some illustantion.of such productive works.
dr;
c) works having the cost of unskilled element of more than
•6(^4 of the local cost are permitted and have to be invariably
executed Departmentally (and not through any contractor) by various
implement ing .' agencies of the Government and zilla Parishads.
.
CONDITION OF WORK:
J ’. L
Agriculture is of vital importance to our national life and
. it should in no way be affected by any scheme much less the E.G.
Scheme, but the principle of minimum agricultural wage or the
u -guarantee of work secured to labourers neither.be violated*
WORKS UNDERTAKEN UNDER E.G.g:,
1. Minor irrigation works such as percolation and storaje
tanks/ deepening, of community wells.
2. soil conservation'and land development.
3. Water drainage, antiwater-logging, distributory canals and
field channels.
•4. Distiting of malgazari tanks and water drainage to remove
salinity of soil.
5« Trenches and afforestation.
6. Khar land development & flood control.
7. Manufacturing of Kachhh brickes, tiles and cutting of
laterite stone-for buildings.
8. Comprehensive land development programme on watershed
and catchment basis.
9. Roadworks in hilly and inaccessible areas.
10. Labour intensive part component of water supply and drainage
vzork in ’ C1 class municipal areas.
SALTSNT FEATUREs OF E.G.s. WORKS:
a) The guarantee of work operates only in rural are^s and 1C’
Class Municipal areas.
E) The guarantee is restricted to providing only unskilled
manual work.
c) The guarantee of work extending to adults i.e.z men and women
above 18 years of age but a minor of 15 to 18 years of age in
a family in which there is no adult earning member is also’
etntitled to get work.
3
7\
100
r
-3-
D)Every adult persen is entitled to demand work under the.
provision of M.E.G. Act should register his name and address
with village Patwari or Gram.sevak. Every such registered person
will have to be provided with employment within 15 days of
damand.
If the state Government is unable to provide him with
any employment he is entitled to receive from E.G.Fund an
employment allowance of not less than Rs2/- per day. •
E) Work is normally provided within a panchayat samiti area, the
guarantee is for providing work anywhere in the District.
F) The collector of. each District is required to prepare a plan
of work for the E.G.S* to begin with, a blue-print of such work
proposed to be undertaken riin the area of each panchayat Samiti
under the E.G.S. may be prepared.
G)
The wages under the E.G.S. are linked with quality and quantity
of work output of the labour. wage structure is devised in
such a way that average person working for seven hours should
earn wages equal to minimum wage'provided for agricultural workers*
Equal wages for equal work for men and women.
I)
Social Security measures; in case of accidental death compensa
tion upto Rs.5, 000/- and maternity benefit of Rs. 180. 00 per month.
Facility at work site like supply of water, first aid, creches
and shelters.
K) Supply of implements.
L)
.jeekly payments.
*p.
MANDAYS OF EMPLOYMENT CREATED:
Till the period ended March 1984 Government of Maharashtra
,
-r.v
- 97,
230 E.G.S.
works
spent Rs.895.11 Crores on Public
Works
under
completed
and
total
employment
generated
was 140.57 crore of
'/ere
772.The average wage in
mandays since its inception in 1972^73.
cent age of backward class
1983-84 was Rs.8.41 per manday. rThe
_k '
arid female labour attendance to total abour attendance for period
backward class, and 3 9.4%
April 1983 to March 1984 was 36.2% fc
for female' laoourers.
The world development Report: !'-• ^2 published for the world
Bank mentions that ‘over the five years from 1973-78 Mah.rashtra s
rural unemployment decided by 21 percent from 1.4 million persons
to 1.1. million despite 17% increase in population. Its overall
unemployment rate feel by 32% during this period to 9.2% of the
rk force, compared with a 4% overall decrease for the whole
country. Because agricultural and industrial growth remained
sluggish much of the improvement in Maharashtra’s employment can be
attributed to EGS.
/-AVANTAGES OF E.G.S:
EGS is the most significant insttument of Public Policy affeting the well being of'the poor. It has two important bearings, one
4
-4-
is the immediate reality in which rural poor .are able to earn the
Wage goods for their survival/ the other is the Consequences it
can produce to generate a process of local resource development
eventually strengthening the self employment opportunities and ’
enterprise of the poor.
EGS has acted as a lever for enforcing minimum wages for
'farm labour in the rural side. Landless labourers are lelived
from:the ill effects of bonded conditions under which they had
to suffer tyranny of village overloads and bigwigs in interior.
•It creates confidence among women workers for equal wages.
The availability of living wage on EGS works in rural part
of the state or country checks erouds of villages to towns or
cities in search of work. It may reduce further growth of slums
and crime that infests big cities currently.
Another important gain is the breaking down of the caste
barrier since all rural workers work together on a project irres
pective of caste or relitious’affilations.
NEED TO FOLLOW IN STEFS OF MAHARASHTRA BY OTHERS:
.7
Rural poor living below poverty line are indebted for ever
and -at times' are forced to become bonded labourers. The
indebtedncess of medium and small farmers forces them to sell land.
The ever increasing number of landless labourers are trapped in the
clutches of middle men and agents to provide cheap labour in cities/
industrial belts/ well to do farmers/ brkek kilns and construction
sites on small and big projects etc-/ The lack of purchasing
power in the hands of millions of rural poor is the main constraint
in faster industrial growth too.
Let up help stop the exodus of these rural population to’other
states in miserable conditions of bondage and help stop their
hunger, humiliation and exploitation in their own villages. Let
us press for starting the Employment Guarantee scheme in 11 the
states and honour the 1 RIGHT TO WIRL' feferred to in the directive
principles of the states policy in Article 41.of the Indian Consti
tution.
The production oriented works will not only create durable
community assets but will reduce the indebtedness of the rural
masses too-
* *
*
.v •
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/
right to information
Taking Stock in Rajasthan
The Rajasthan Mazdoor Kisan Shakti Sanghatan has proved that the common person is
best suited to using the Right to Information to take on a corrupt system
By Aruna Roy
and Nikhil Dey
People's Right to Information in all
spheres of governance. This calibrated
approach has characterised the Right To
Information Campaign, where partial suc
cess has been used as a wedge to extract
greater and greater openness. It took over
two years even before the amendments to
the Panchayati Raj rules were made.
However, the resistance to provide a legal
entitlement, only only served to highlight
ment as inevitable.
The Mode of Public Hearings
n April 1996, a forty-day dharThere was another aspect to the struggle
na (a sit-in demonstration), for
for
the right to information (RTI) that has
the “People’s
Right
to
allowed
for its organic growth. The right
Information” in the market
to access government records was in fact
town of Beawar in Rajastan,
an assertion of many democratic princi
added another issue to the lexicon of peo
ples, and a claim on a share of gover
ple’s struggles in India. By the time the
nance. There was also a simultaneous
dhama was over, a new campaign had
search for a platform,
been bom.
which could demon
The demand for
strate its efficacy, and
access to records and
help
compel
the
information, connect
process
of
institution
ed with people’s liveli
alising
modes
of
self
hood and survival, was
governance.
Ordinary
a simple, powerful,
people
struggling
and indisputably a
against
sophisticated
democratic
claim.
forms of systemic con
Support grew, along
trol came up with solu
with resistance. The
tions that questioned
issue began to capture
the logic and indis
the imagination of
pensability of repre
people and organisa
sentation and its insti
tions from rural areas
tutional structures. Jan
to urban cities and
Sunwais not only
from campaigns and
demonstrated
the
movements to individ
importance
of
being
ual citizens. SiXj years Women’s groups are insisting that they be kept informed of the progress in cases filed
able to access informa
later, it is useful to take against atrocities on women.
tion, but also the criti
both a telescopic and
cal
need
to
have
a
platform controlled by
microscopic view of what has happened in the importance of such a provision, and
citizens
where
it
could
be put to use. The
ajasthan (and elsewhere) and to under helped more people understand its great
stand the range and texture of the issues potential. In addition to agitational activi mode of the Jan Sunwai, or public hear
thrown up in the short history of this cam ties like dhamas and rallies, the continu ing, thus proved to be a complimentary
ous use of the mode of public hearings force in breaching the walls of control and
paign in the State.
helped put these concepts to use, even exclusion. As a result, the conceptual,
Panchayat Raj Rules and the while the struggle was on. It took another legal, and practical search for the right to
couple of years for the Slate of Rajasthan information has continued along these
Right To Information Law
The dhama of 1995 put forth an imme to pass the Right to Information Act. twin pathways.
diate demand for an amendment in the Though it was a toothless law, full of
Panchayati Raj laws, to allow citizens to loopholes, nevertheless, its significance Panchayati Raj Act and Social
obtain certified photocopies of any docu could be gauged from the fact that the Audit
In Rajasthan, the mode of Jan Sunwais
ments in local self- government offices. same establishment that had pronounced
Particular focus was placed on records of even the limited demand for local self- not only demonstrated the importance of
expenditures like bills, vouchers and government information, as impossible, being able to access information, but also
muster rolls. Simultaneously, a demand impractical, and inconceivable, was now the critical need to have a platform con
was made for a comprehensive law for the accepting a comprehensive legal entitle- trolled by citizens where it could be put to
33 combat law H February 2003
Z2/ i-O
right to information
use. Therefore, along with the institution
alisation of the Right to Information
through a law, there was also the institu
tionalisation of the mode of public hear
ings, through a legal sanctity provided to
“social audit” in the Panchayati Raj Act.
Implicit in this legal provision, is the prin
ciple of the citizens' right to audit all
activities of their (local) Government.
It is not a coincidence that the Right to
Information Law in Rajasthan was passed
on the same day as the amendments were
made in the Panchayat Raj Act, giving
legal status to the Sabha (a group of 50-80
homes) and giving it the right to conduct
social audits of works carried out in its
area. This was an ideal size for planning,
monitoring, implementing,
and auditing development
efforts in a habitation. The
right to information struggle
and its persistent use of the
fast developing mode of pub
lic hearings, has in fact pro
vided a critical impetus to
the wider struggle for self
governance.
have been several cases of appeals being
filed and decided by the appellate authorilv.
Government’s Rhetoric and
Action
While the right to information is part of
the rhetoric of the Government, there has
been no matching evidence of a proactive
campaign or effort to change the prevalent
culture of opaqueness and arbitrariness.
The rhetoric has played its part in propa
gating the issue, but it is the sustained
pressure by a growing list of groups and
individuals, including many who are not
formally associated with the movement,
that has extracted some visible action on
to pressure from the Sarpanches and other
powerful lobbies to roll back any of these
measures.
Impact on Corruption and the
(Mis)use of Power
The impact of the Right to Information
has gone far beyond its immediate con
text. The public hearings, their institution
alisation through social audit, exemplary
action taken in certain cases, and the fact
that the right to information gives any cit
izens, even at a future point have an
opportunity to check the (mis)deeds of
any authority by personally examining
details, at any point in the future also, has
had a dramatic and salutary effect on the
prevalent modes of brazen
corruption. The infamous
case of Janawad Panchayat is
a good illustration of the
potential and challenges
faced by the movement. In
this Panchayat in Rajsamand
District, it took the MKSS
over a year to obtain copies
of the Panchayat records,
even after (he law had been
Implementation of
passed. The public hearing
the Act
was
followed
by
a
The Right to Information
Government report, showing
Law in Rajasthan (as in other
a fraud of over Rs. 70 lakhs
states) has glaring areas of
in a six year period, in one
weakness. As a result, it is Ordinary people are proving to be more than a match for the psychologi
single Panchayat. The report
far from surprising that its cally sophisticated methods of 'official secrecy’.
revealed a complete break
implementation has been
down of all supervisory sys
tardy and poor. There are no Government ensuring implementation on the right to tems. The suspensions, arrests, recoveries,
figures available on how many people information.
and other action taken, due to the rept
have sought information and from which
Some'officials were for instance, pub and public pressure, has impacted
office. There are no known cases of any licly reprimanded by the Chief Minister Panchayats and their functionaries all over
formal legal appeals having been filed, for not providing information applied for the State. The frauds of Janawad take on
due to the denial of information. This is by citizens. Orders have been passed to huge proportions when multiplied by the
partly because the legal regime has been hold officials responsible for not provid 9000 Panchayats existing in the state and
neither detailed, nor publicised at all. ing infonnation and even to transfer them by several more thousands when even a
There are also no cases of action having out. Also, "Social Audit" has become a conservative assessment is made of the
been taken against any official for breach mandatory part of all development and leakages and frauds at the level of the
of the law, although there are several doc drought relief works, and the Government Panchayat leaders and officials. That is
umented cases of officials and even has been forced to take some action on the real impact of Janawad public hearing.
Panchayats refusing to provide informa some of the prominent cases of corruption
The Right to Information also played a
tion on completely arbitrary grounds- unearthed through this exercise. It is also role in significantly reducing fraud in
even through written resolutions and significant that while the Government has drought relief works. It has been univer
decisions. In fact, in the State of Delhi, not moved forward enough, to proactively sally acknowledged that the levels of cor
even in its even shorter period of only a ensure implementation, it has at least been ruption came down markedly in the Rs.
’ * u* of »he Act being in ex isten*?c there firm and unequiv(v:d.| in not su' Cumbing 600 crores spent on qro'i^h’ rel?^ in
right to information
right to information campaign has consis- used R'l 1 to demanded copies ol the inlettcntly recognised that its strength lies in view sheets and the basis for selection of
its integral relationship with other cam other candidates. An independent member
paigns and movements. Il is this symbiot of the Rajasthan Legislative Assembly has
ic relationship that has and will continue followed the example set by the former
to provide creativity and strength to the leader of the Opposition (now the Chief
Minister) in Goa to use the R11 Act, rather
issue.
The women’s movement in Rajasthan than ask questions in the assembly to seek
Policy Anomalies and the Right
for instance, used it to track the progress information.
to Information
The RTI Act has been used by citizens
The movement has also led to some seri on cases of atrocities against women,
to
obtain copies of reports of investiga
ous introspection about the development demanding that the women concerned be
tions
and enquiries, and audit reports and
informed of the progress on their cases
establishment and its priorities.
enquiries
that were so extremely hard to
For the first time, policy anomalies in and the contents of various important
obtain
earlier.
As a result, departments
medico-legal and forensic reports. Civil
rural development and Panchayati Raj
like
the
P.W.D.,
Irrigation, Forest,
institutions are being addressed in a man liberties and human rights groups are
Watershed,
and
Co-operatiVes
are begin
ner where those anomalies can be elimi using principles of the Right to
ning
to
face
questions
similar
to
the ones
nated, rather than cultivating them to Information Act to ensure transparency
Panchayati
Raj
linstitutions
faced
six
retain an excuse for corruption. The 60:40 and accountability of the police and custo
years
ago.
It
is
clear
that
the
issue
has
ratio in rural development works is dial institutions. People displaced by
been established in the socio-political lex
between the labour and material compo dams and factories, those denied their
icon of the State. The fact that the emerg
nents, for instance, was a requirement rights by the ration shop dealer, communi- i
ing contours of Right to Information are
introduced to ensure that at least 60% of ties suffering from the effects of a pollut
unit,
forest
dwellers
being
being defined through action by people s
the funds went for employment, and that ing industrial t---- .
movements and citizens’ groups, is per
no more than 40% was spent on material. evicted from their fields and homes, are
haps the most encouraging aspect for the
The unreasonable manner in which this examples of various groups of peoples’
future of the issue. Their tenacity and cre
has been implemented has meant that movements who are focussing on right to
ativity will ensure that it continues to
Panchayat officials involved with con- information provisions in their move
grow as a theoretical, ethical, and practi
structiong cement/concretc works have ments, to bring out the truth in their battles
for their lives and fundamental rights. In cal issue. The potential of the Right to
had to fudge records to maintain the ratio.
Information is just beginning to be seen,
It is an open secret that under the guise of most cases, the information they seek is
but
it is clear that despite many chal
maintaining ratios, much more was not being provided in the manner or time
lenges,
the solution to the problems that
fudged so that money could be siphoned frame that it should be. and in some cases,
come
up,
will lie in fighting for even more
off. When the records, the proof and mag it is not being provided at all. However, it
information.
nitude of this double-scam came out. it has now become almost impossible to
was seen that not only were policy objec deny them outright the right to such infor
Transparency In All Sectors
tives of using money for labour not being mation. As movements and groups sharp
Another feature of the right to informa
met, but those very objectives were being en their questions, and the establishment
tion
has been its mirror effect. It is a right
used as a screen for corrupt practices. The is forced to part with information, it can
that
forces equal standards of transparen
right to information has taken away the be expected that more and more citizens
cy
and
accountability on all the users of
protection provided by secrecy to perform will use it as a means of moulding demo
information.
As can be expected, anyone
such misdeeds in the name of develop cratic structures to make democracy
who
asks
for
information from another is
ment. The Sarpanches have now stated meaningful for themselves.
bound to be asked to follow the same stan
something they should have all along:that
dards.
they will not fudge any records, and the Use by Individuals
In Rajasthan, as the right to information
There are several cases of individuals
Government has also been forced to adopt
siege
intensified, the political establish
a more pragmatic and committed who are using the right as a means to
ment
through various spokespersons
ensure accountability of power structures
approach to meet policy objectives.
turned
around
to ask NGOs and CBBOs to
they have to deal with. A college lecturer
disclose
their
own accounts. The effect
in Bhilwara, in charge of the women’s
The Campaigns
being
that
it
has
in fact been to set in
The intensive use of Right to study unit used the right to information to
motion
a
very
healthy
trend and practice
Information in Panchayati Raj institu demand accounts of money spent by the
of
transparency
generally,
meetings and
tions, and the widespread public debate on principal from unit funds. Applicants
‘
melas
’
where
NGOs
place
details
of their
a comprehensive law has led to its use by aggrieved by the manner of selection of
accounts
before
the
people
of
the
area
citizens’ groups in a number of areas. The teachers in Primary schools in Jawaja
Rajasthan last year. Here too, the right to
information campaign helped focus on
significant transparency and accountabili
ty measures where people could ensure
that corruption was fought and controlled
by them.
_
‘
'
>
right to information
where they work. It is now common that
NGOs organize meetings and mclas
specifically to place details of their
accounts before the people. This provides
some answers to questions often raised
about transparency and accountability of
NGOs to the community. Over a period of
time there arc several positive directions
this could take. For instance. NGOs could
also become accountable to the people
through Gram Sabhas and Ward Sabhas,
and the transparency melas, could lead to
much greater involvement of the commu
nity in the planning, implementation and
monitoring of all activities of funded and
non-funded organisations.
Challenges and Dilemmas
There are several contentious issues
this campaign has already thrown up.
Some of them present a moral dilemma.
Some will always be a cause for differing
opinions as society and social institutions
try to come to terms with the changes a
transparent regime is likely to bring about.
And some will concern questions of pri
oritising priorities and strategising strate
gies to arrive at (hat goal.
The first one is how to deal with the
shortcomings in the law and the imple
mentation of what already exists. There
has been a long-standing debate about
whether a bad law is belter than no law.
Experience has made it clear that even (he
moral and theore(ical acknowledgement
that the law represents has helped form an
embryonic view of what could be. What
needs to be strategically worked out, is a
method of removing the shortcomings in
the Rajasthan law; especially the glaring
weaknesses like the absence of penalties.
Till such time as the law is amended, other
strategies will have to be worked out to
have it implemented.
Another problem that has already pre
sented itself is, the lack of action taken
even after relevant information is obtained
and presented. A criminal justice system
that has been twisted to protect the power
ful, and frustrate those working for
change, has to be made redundant or
replaced.
In early 1998, during the first set of pub
lic hearings in the MKSS area after the
Panchayali Raj rules were amended in
Rajasthan. Sarpanches and officials who
were faced with incontrovertible evidence
of fraud, offered to and did make public
apologies and offered to return defrauded
funds to the Panchayal coffers. However,
government officials raised questions
about the legitimacy of public hearings
sponsored by "civil society organisations"
and (heir right to negotiate the liability of
offenders. These were legitimate ques
tions, and the campaign responded by
demanding an institutionalisation of pub
lic audits in Gram Sabhas and Ward
Sabhas.
However, even after the necessary
amendments have been made in the
Panchayali Raj Act, questions still remain,
like to what extent can quasi-judicial deci
sions be left to a body where vested inter
ests may dominate and influence decision
making? Or how does one find a practical
way of bringing about fundamental
change to coming to terms with, and rec
onciling with the ills of past actions, while
working to establish a new democialic
culture?
Provisions Without Intent
Lack of intent is another factor that fun
damentally threatens the process. Of the
resolutions passed in the many meetings
in the over 100,000 Ward Sabhas across
Rajasthan, almost none have been looked
at or acted upon by the government
machinery. An institution that has been
designed to be dependent on people’s par
ticipation is under serious threat of losing
credibility even before its potential can be
analysed. As interest wanes, the people
will once again be held responsible for not
attending a “legitimate” peoples’ plat
form. The movement for RTI and self
governance will have to respond to such
challenges in a creative and meaningful
way.
Bringing to Life
Transparency and Accountability are
terms in vogue, used liberally by people
on both sides of the fence. However, in
both the anti-Qorruption and transparency
debate, it must be recognised that the one
who frames the questions determines the
parameters of the answers as well. Only
when the language of people on both sides
of (he .spectrum is the same, then only
action can determine true intent. That is
why the RT1 campaign must continue to
stress on public action by the poor, so that
their basic questions of survival cannot be
brushed under the carpet in a sham debate
of transparency and accountability.
Theory, Ethics and Practice
I he six-year long right to information
movement in Rajasthan, has offered
immense hopes to people striving to gen
erate the culture, institutions, and princi
ples necessary for a participatory democ
racy. The Right to Information is finally a
demand for an equal share of power, but it
is at the same time, a fetter on the arbitrary
exercise of power by anyone. Its legitima
cy in a democratic set up gives it the
potential to keep extending the borders of
struggles for empowerment and change.
This legitimacy is further strengthened by
its capacity to make transparent and
accountable, the user of the right, as much
as the power centre it is being used
against.
As a campaign issue with theoretical,
ethical, and practical connotations, it will
reveal new layers and raise new questions
as it makes progress. This presents a
potential and a challenge. So far, by taking
the lead in defining the contours of the
debate, organisations of the poor and citi
zens' groups in Rajasthan have made it
crucially relevant to the marginalized and
disadvantaged. Continuing to push its
boundaries, while using it creatively, if
going to be the greatest challenge for such
groups in the days ahead.
Aruna Roy and Nikhil Dey are the coun
try's leading activists and as members of
Mazdoor Kisan Sangharsh Samiti (MKSS)
have spearheaded the Right to
Information movement particularly in
Central Rajasthan and generally over the
entire country. Roy is a former IAS officer
and was awarded the Magasaysay
Award
in
the
year*
2000.
E-mail:
mkssrajasthan @ yahoo, com
>
s
IE
Country
2001CPIScore
Country
Rank
Country
2001CPIScore
Finland____________
9.9
57
Argentina______
3.5
1
2__
Denmark
9 5
China
32.
2__
New Zealand
9.4
Ghana
3.^1
Iceland
_9-2
3.4
4
Latvia
9 2.
Malawi
3.2
lhailand
3.2
Dominican Rep
3.1
Moldova
3.1
Guatemala
2.9
8.6
Philippines
2.9
‘"sT
Senegal
2.9
’8.4
Zimbabwe
2.9
Romania
2.8
Venezuela
2.8
Honduras
2.7
India
2.7
Kazakhstan
2.7
Uzbekistan
2.7
Vietnam
2.6
Zambia
2.6
Cote d'Ivoire
2.4
Nicaragua
2.4
Ecuador
2.3
Pakistan
2.3
Russia
2.3
c 82
Tanzania
2.2
I 83
Ukraine
2.1
' I 84
Azerbaijan
2.0
Bolivia
2.0
Cameroon
2.0
Kenya
2.0
Indonesia
1.9
Uganda
1.9
90
Nigeria
1.0
9?
Bangladesh
0.4
Country
Rank
Singapore
felIlli 9
Australia_______ ___
mh] 12~
Switzerland_______
r^| 13
United Kingdom
" 8.3
Hong Kong________
Austria
_______
Israel
USA_____________ _
Chile_____________
I 18
I reland_______ ____
Germa ny________ _
tl 20
|| 21
Ipr
IP
7.9
~ 7.8
~ 7.6
~ 7.6__
7.5
~ 7.5
7.4
Japan
Spain
_________
~T6
France
6.7
Ij24~
|[25~
Belgium
_ 6.6__
Portugal
6.3
|| 26
Botswana
J_6.0
27
~28
' I
63
gl 30
Namibia_______ __
■' LI
1■
75
77
79
1'5.5’
’’~5.3
88
Trinidad & Tobago
~ 5 3
Tunisia_______
__1L_
__5J
Uruguay
Malaysia_______
5.0
37
Jordan
_______
4,9
38
Lithuania________
4.8
South Africa
I Costa Rica
4,8
42
1
69
5.3
Hungary
Slovenia
40
H
Estonia
Italy_____________
is® I
si1
l
I*
rJ
T5.9~ _
Taiwan
£ ~29-
ip
65
_8.7_
Norway
Opl
<fejl6
1
8 8
Netherlands
1--------------Luxembourg
^By| 10
61
8.9
Canada
^1 8
59
90
Sweden
6
7—
i'
4,5
Greece
4.2
4.2~
South Korea
44
Poland___
46
Brazil
47
Bulgaria
‘
Croatia
_______
50
Colombia_______
3.9
Czech Republic
3.8
51
Mexico_________
3.7
Panama_______
_ 2Z.
Slovak Republic
3.7
— 3.6
54
Egypt__________
El Salvador
nre
3 U- iF
•’/...
——-
www.gwdg.de/~uwvw/2001 .htm
4.1
3.9
~ 3.9
-
Explanatory notes:
A more detailed description of the CPI methodology is available at
4.1
4.0
Ki"
be viewed with caution.
!
Peru___________
.J
I Note on the Bangladesh score:
1 was available from only three inde
n Data for this country in 2001
pendent survey sources, and each of these yielded very different
results. While the composite score is 0.4, the range of individual
survey results is from -1.7 to +3.8. This is a greater range than for
any other country. Tl stresses, therefore, that this result needs to
4,5
Mauritius______
i1
2001 CPI Score relates to perceptions of the degree of corruption
as seen by business people, academics and risk analysts, and
I
ranges between 10 (highly clean) and 0 (highly corrupt).
_ International
. is an international non-governmental
Transparency
I VVJ organisation devoted to combating corruption, brings civil society,
I ' ?•
business, and governments together in a powerful global coalition.
Tl, through its International Secretariat and more than 90 inde- r
pendent
world,- works at both the b
uttfiuttih national
1 taiiuiiqi chapters around the ---------national and international level to curb both the supply and
I;
demand of corruption
For more details: www.transparencyinternational.org
I
v‘?‘
Page 1 of 1
Main Identity
From:
To:
Cc:
Sent:
Attach:
Subject:
"Sathyasree Goswami" <g.sathyasree@gmail.com >
<chc@sochara.org>; "Premdas E.P." <e.premdas@gmail.com>- "E Premdas"
<eddieprem@gmail.com>
rremaas
<sedsngo@gmail.com>
Thursday, July 20, 2006 12:57 PM
Right to Information Act of 2005.doc
Attn.Coordinator CMC
Dear Premdas,
This is to thank you for facilitating the bief meting we held in Hyderabad regarding visit to the Tsunami
woul’d S
P
,he
PleaSe find enCk>“d ,he
“ information primer
r
regards
sathyasree
"P
<4
7/21/2006
Right to Information
Act of 2005
A Primer
National Campaign for People's Right
to Information
2005
bo you wonder
•
•
Why the ration shop in your village/town/area never has any ration?
Why your local panchayat or municipality does so little and always claims that they
have no funds?
•
Why there is no doctor at the primary health center/hospital and no health worker
at the sub-health center/dispensary?
Why there are no medicines in the health centers/hospitals?
Where have all the teachers in the government schools gone?
Why are the streets and colonies in your town/city so dirty?
Why the roads in your area in such a pathetic condition?
Why are people dying of starvation in various parts of the country?
Why, when so much money is supposedly being spent on our welfare, there are still
so many people who live in abject poverty?
•
•
•
•
•
•
Some of us feel that this country would be a better place to live in if we had good
politicians and bureaucrats. However, real change can come only when the people of this
country hold their government and public servants accountable, so that they are forced to
respond to the poorest citizen of this land. And when that happens, no public servant or
government would dare to be corrupt, inefficient or insensitive.
"In a government of responsibility like ours where the agents of the public must be responsible for
their conduct there can be but a few secrets. The people of this country have a right to know
every public act, everything that is done in a public way by their public functionaries. They are
entitled to know the particulars of every public transaction in all its bearings." Supreme Court in
State of UP vs Raj Narain in 1975
But how do we hold the government accountable?
We cannot even begin to make the government accountable if we do not have the basic
information regarding government decisions and functioning. The Right to Information Act
that was passed by Parliament in May 2005, empowers us to do just that.
It gives us the right to question our government and get information about matters that
affect us in thousands of ways. Used innovatively, this information can then be used to
hold our government accountable.
We all pay taxes. Even a beggar on the street pays tax. When he buys anything like a soap or a
matchbox, he pays taxes in the form of sales tax, excise duty etc. This money belongs to us.
2
How does the Right to Information (RTI) Act help us?
RTI Act gives you the right to ask the Government for information that can expose
inoction and corruption, and address your grievances.
Under the RTI Act you can:
■
Demand from the government information pertaining to any of its departments.
Demand photocopies of government contracts, payment, estimates, measurements
of engineering works etc.
The government spends so much money on various
developmental works in your area. You should ask for
the details of all the works carried out by the
panchayat/municipal council in your area. How much
money was spent? On what was it spent? Similar
information was asked by people in different parts of
Maharashtra,
Rajasthan and
Delhi.
When the
information was physically verified, it turned out that a
number of works existed only on paper. Won't you like to
■
■
Demand from the
government samples of
material used in the
construction of roads, drains,
buildings etc.
■
Demand to inspect any public
development work that may
be still under construction or
completed.
Demand to inspect government documents- construction drawings, records books
and registers etc.
■
Demand status of your requests or complaints.
Do you have pending work with any department of the Government. Are they not doing your work
and exacting or demanding
bribe? Did you file any grievance petition in a government
department but they are simply not acting on it? Did you make any complaint against any official or
against any wrong-doing and they are not acting on your complaint? You can use the Right to
Information Act to know the status of your application. Sometimes, demanding the status forces
them to act.
Salient features of Right to Information Act 2005
•
You can seek information from any department of the central or state government, from
panchayati raj institutions and from other organizations and institutions (including NGOs) that
3
are established, constituted, owned, controlled or substantially financed directly
or indirectly,
by the state or central government (section 2(a) & (h)).
SrX? .?partment' °nc or more officers havc been designated as public information officers
ThCy aCCCPt +he request forms and Provide information sought by the people (5(1))
n addition, in each sub-district level there are assistant public information officers (APIOs)
who recewe requests for information and appeals against decisions of the public information
t
officers, and then send them to the appropriate authorities (5(2))
Any person seeking information should file an application in the prescribed format with the
public information officer/assistant public information officers (6(1)).
Where a request cannot be made in writing, the PIO shall render all reasonable assistance to
the person making the request orally to reduce the same in writing (6(1)).
Where the applicant is sensorily challenged, the public authority shall provide assistance to
•
theinClUdin9 Pr°V,din9 SUCH QSSiStQnCe aS mQy bE appr°Pria+e for
•
•
•
i3 "Ot
t0 either 9iVC any reaSonS for ^“ting the information or any
personal details, except for those required to contact the applicant (6(2))
A reasonable application fee, as prescribed, will be charged for each application and for supply
of mformat.on. However, no fee is chargeable from persons below the poverty line (7(5)) or if
the information is provided after the prescribed period (7(6))
Information sought from the PIO has ordinarily to be provided or refused within 30 days
Informat'on regarding the life or liberty of an individual has to be provided within 48 hours
(/(I)). That sought from an APIO in 35 days (5(2)).
In case a person fails to get a response from the PIO within the prescribed period or is
aggrieved by the response received, he/she may file an appeal within 30 days with an officer
superior in rank to the PIO (19(1)).
JL'th6
°PPCa'
a!l0Weud'thC information shQl1 be supplied. If it is not, then the applicant
has the right to appeal within 30 days to the Central or State Information Commission,for
' Orp™ T1 re9ar ,n9 the central or state government institutions respectively (19(3))
reie t
t0 fUr/1'ShLthe
°sked for under the Act or fails to communicate the
rejection order within the time specified, the PIO shall be liable to pay a penalty of Rs 250
per ay for each day of delay, subject to a maximum of Rs 25,000 (20(1)).
d |6 1 df/dmat,in <70mmiSS'°n can a,so rc^uirc thc Public authority which has illegitimately
raXM?™0’10'’ ,0
ju i i er ea
•
for any l»ss or other detriment
the
j).
In case a PIO:
I.
ii.
iii.
iv.
v.
without any reasonable cause and persistently, fails to receive an application for
information or does not furnish information within the time specified,
or malafidely denies a request for information,
or knowingly gives incorrect, incomplete or misleading information,
or destroys information which is the subject of a request,
or obstructs,
' , in any manner, the furnishing of information,
the information <commission shall recommend disciplinary action against the concerned public
information officer, under the service rules applicable to him/her (20(2)).
4
Using The Right To Information
Having Your Complaints Attended to without Paying a Bribe
Do you have a pending work in any government department? Are they not doing your work and
expecting or demanding a bribe? Did you file any grievance petition in a government department
but they are simply not acting on it?
K
Did you make any complaint against any official
or against any wrong-doing and are they not acting
on your complaint?
Use your Right to Information to know the status of your application. Sometimes, mere asking of
the status makes them work. For example
Getting an Electric Connection
Ashok Gupta applied to the Delhi Vidyut Board (DVB) for a new electricity connection, in February
following information:
• the daily progress made on my application till date.
•
•
•
T? Qnd dcSi9nationS of the officials wh° ^ere supposed to take action on my application
and who have not done so.
rr
As, according to the Indian Electricity Act, an applicant should get a new connection within 30
days of application, are these officials guilty of violating the Electricity Act?
thesc off iciQls haVe caused mental tension by not providing the said connection in time are
these officials guilty of harassing the public?
• Does the DVB plan to take any action against these officials?
• If yes, in how much time?
• When will I get my connection?
In March 2002 he was granted a new connection. It was almost miraculous. How did this magic
"aPPen? In acjnajy circumstances, such an application would have been consigned to the dustbin
But the Delhi R.ght to Information Act says that the salary of the official who does not provide
information in time would be deducted at the rate of Rs 50 per day of default. Hence, they had to
reply to this application. Since, it was not easy to reply to these questions, they immediately did
the pending work of the applicant.
7
Getting a Ration Card
Nannu .s a daily wage earner. He lives in Welcome Mazdoor Colony, a slum habitation in East Delhi
e lost his ration card and applied for a duplicate one in January 2004. He made several rounds of
the local Food & Civil Supplies office for the next three months. But the clerks and officials would
for th HT
m' Ult"™tely- he fllcd an application under the Right to Information Act asking
for the daily progress made on his application, names of the officials who were supposed to act on
S application and what action would be taken against these officials. Within a week of filing
application under Right to Information Act, he was visited by an inspector from the Food
5
Department, who informed him that the card had been made and he could collect it from the
office. When Nannu went to collect his card next day, he was given a very warm treatment by the
Food & Supply Officer (FSO), who is the head of a Circle. The FSO handed over the card to
Nannu, offered him tea and requested him to withdraw his application under Right to Information,
since his work had already been done.
How can you also solve such problems?
Just as an example, let us assume that you applied for a new water connection about a year back,
but you have not been granted the connection. Under the Right to Information Act seek
information on the following lines:
I had applied for a new water connection about a year back, but have not received the same. Copy
of the receipt of the same is enclosed for your reference. Please provide the following information
with respect to the same:
1. Please provide the daily progress report made on my application.
2. Please give the names and designations of the officials with whom my application was lying
during this period. Please intimate the periods when it was lying with which officer and what
was the action taken by that officia! during that period.
3. Please give the proof of receipt and dispatch of my application in the office of each of these
officials.
4. According to your rules, in how many days should a new water connection be granted. Please
provide a copy of these rules.
The above officials have not adhered to the time limit mentioned in these rules. Are these
officials guilty of violating these rules and hence guilty of misconduct under their conduct
rules. Please give a copy of their conduct rule, which they have violated by violating the above
mentioned rule.
6. These officials have caused serious mental injury to me by making me run around all this while.
Are these officials guilty of causing mental harassment to the public?
7. What action can be taken against these officials for violating all the above rules and the
conduct rules? By when this action would be taken?
8. By when would I be granted my water connection?
5.
Normally, it becomes difficult for the officials to reply to these questions
as this would bring
their inefficiencies and lapses on record in writing. A reply to these questions also has the effect
of fixing of responsibility.
Ensuring that Your Colony has Effective Sanitation Services
Ensuring that Your Sweepers in your Locality Come to Work
Does your area remain dirty? The municipal sweepers rarely show up?
Asking for Sweepers Attendance Registers
If you also want to achieve this in your colony, fill up Form A prescribed under the Delhi Right to
Information Act and seek information on the following lines:
6
I hve at (give your address). Please provide the following information with respect to the sanitary
conditions of the beat in which my house falls-
Please provide the list of all the sweepers and sanitation officials with their addresses and
contact nos working in this beat.
2. Please provide copy of attendance register for this beat for the month of (mention the last
month).
1.
3. Please provide copy of muster roll for this beat for the month of (mention the last month).
4. Please mention against each sweeper, his/her geographical and functional Job responsibilities,
for instance, which streets is a particular sweeper supposed to be working everyday and what
is he supposed to be doing in those streets.
After you receive the list of sweepers, you can inform the people in your area about the names of
the sweepers employed in respective streets. The people may like to keep a watch on whether the
sweeper is coming or not. Specif ic complaints could then be made to the authorities about which
sweeper was absent and when.
Ensuring that Your Garbage Bins are Cleaned Regularly
Do you have a garbage bin in your area, which is not being cleaned regularly? Use the Right to
Information Act to seek information on the following lines:
There is a garbage bin at (give address of the garbage bin). Please provide the following
information with respect to this garbage bin:
1.
Please give the address of the Depot from where the loader and truck for this garbage bin are
sent?
2. Please give the vehicle number of the truck and the loader assigned for picking up garbage
from this garbage bin.
3. As per the vehicle beat register maintained at the Depot, please give the time when these
vehicles left the Depot and at what time did they return to the Depot on each day from
--------------- t0------------------- (mention the period for which you want this detail).
4. On each of the days during the above period, please mention the addresses of the garbage
bins, which were serviced by these vehicles.
5. Please give the numbers of trips made by this truck on each of these days.
6. On each of these trips, please mention the weight of the garbage picked up by this truck, as
per the weighment receip ts at landfill sites.
7. This garbage bin has not been cleaned for the last
days. The area SI is supposed to
send balance report to the workshop SI everyday giving details of the garbage left
unattended. On the basis of this report, the workshop SI is supposed to get such garbage
picked up. Please give copies of balance reports sent by the area SI for each day during this
period.
8.
Does the balance report for each of these days mention that the garbage at this bin is not
being picked up? If no, why has the area SI not been mentioning the same?
7
Take hisaab from the government in your area
Do you wish to verify whether the money claimed to have been spent by the
government in your area was actually spent or not?
If you also want to similarly verify works in your area, fill up Form A and ask for the following
details:
Please provide a list of all the works awarded by the panchayat/municipa! body in
area during the Financial Year’• Pke list should contain the following details:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Name of the work
Work Order No
Name of contractor
Date of start
Date of completion
Pate at which work awarded
Sanctioned amount
Amount paid so far
Head of accoun t
j. Status of work
k Basis for decision to undertake this work
C°Py °f sketch of each work
Once you get this list, take a preliminary look at each of these works. Make a list of those works
that you find in very bad condition or which seem not to have been carried out at all. File another
application and seek the following details for each of these works:
Please provide following details for each of the works mentioned in the enclosed lists:
1. De tails o f estima tes
2. Sketches
3. Measurement Books including record entries and abstract entries
Now, you should carry out a detailed verification of these works on the basis of the detailed
documents obtained. This will give you the exact amount of defalcation. These findings could be
made public and submitted to various vigilance agencies or the findings can be presented before a
gathering of the local people. This is called a jansunwai.
(Please understand the following terminologies:
8
•
•
Work Order register: This is the register in which the basic detail of each work is written like
the name of work, amount sanctioned, name of contractor, date of start, date of completion,
etc. These details are written in this register in a tabular form. This is like a master register,
which will contain the list of all the works carried out in any division.
Measurement Book: When a work is in progress, the Junior Engineer is supposed to physically
measure the work everyday and enter the progress made in that work in this book. These are
called record entries in a Measurement Book. When the work gets completed, the totals of
these record entries are taken at one place in the measurement book and added up to prepare
the final bill These entries in this final bill are called abstract entries.)
Inspect a government work
It often happens that an inspector from some government department comes to
inspect something or the other. But has it ever happened that a common man goes to
a government department seeking to inspect government works?
When through Right to Information Act, a citizen inspects government work or takes sample of
material of that work, he/she deals a severe blow to corrupt practices by unscrupulous officials.
The Right to Information Act empowers any citizen to inspect any government work or to demand
sample of material (2(j)(i) (iii)).
You can inspect an old work (which has already been completed) or a current ongoing work. If you
inspect an old work, you can expose corruption that might have taken place. But if you inspect an
ongoing work, you will be able to prevent corruption from taking place.
Most of the corruption takes place in records. For instance, only 100 metres of road would be
made but the officials would fill up 200 metres and would make payment for 200 metres. This is
because the officials know that the corruption will remain in records and noone would come to
know about it. Even if there is a vigilance or audit inspection, the officials think that they will be
able to bribe their way through. But suppose, you file an application under the Right to
Information Act before the start of any work that you would like to inspect that work once it is
completed and would also take a sample of material of that work, the officials would know that
someone from the public is going to inspect their work. Now, they will not enter wrong
measurements in the records. They will also be careful in using inferior material if you have asked
for sample of material. Imagine if people all over India start filing such applications under the
Right to Information Act. Wherever anyone sees any government work taking place in any area,
just file an application under the Right to Information Act saying that you would like to inspect
that work and take sample of material when that work is complete. This will act as a real deterrent
to corruption.
If you also want to inspect old or ongoing works, you can ask for the following information:
1.
Section 2(j(i)) of the Right to Information Act gives a right to every citizen to inspect any
work. I wish to inspect the following work(s). Please let me know the date, time and venue when
I should come to inspect these works.
(give list of works that you wish to inspect)
9
2. I would also like to inspect the following documents related to these works at the time of
inspection. These records should be made available to me for inspection when I come for
inspection of these works:
a. Measurement Book
b. be tails o f Estima tes
c. Sketches
3. Section 2(J(iii)) also gives a right to the citizens to take sample of materia! I would like to
take sample of material for each of the above works. The sample should be collected by the
Department in my presence and should be sealed and certified to be a true sample of material
of that work
10
Know how your MLA used the Constituency Development Funds
Every AALA gets Rs 2 crores every year to spend on works for the development of his/her
constituency. Often, the money is spent on works which have little utility for the people. But when
the people go to the AALA with a request for any work, some AALAs send them back saying that
there are no funds available. Now you can use the Right to Information Act to find the fund
utilization position for your AALA.
You can also seek to know the details of works on which your AALA spent money and verify the
status of these works and whether these works were rrequired at all by the people of that area.
Ask for the following details from the concerned department of your state government:
1. Please provide the following details for all the works awarded during the FY
for
constituency no
out of the MLA Constituency Development Fund:
• Name of work
• Brief Descrip tion o f work
• Amoun t sane tioned
• Date of sanction
• 5 tatus of compIe tion
• Name of agency
• Date of start
• Date of comple tion
• Rate at which work awarded
• Amount paid
2. Now much money was allotted to him during the current year and how much has been carried
over from previous years?
3. Out of the above, projects worth how much money have already been sanctioned?
4. Now many projects worth how much money are awaiting sanction?
5. Now much balance is left in his account?
How are corruption cases being handled by the government?
Public complaints of corruption against government officials are often not acted upon, because of
pressure. We can put pressure for action to be taken by asking the following questions:
1.
Please give a list of all the officials against whom complaints of corruption were received from
any quarter during the Fys________ . Also mention the allegations against each one of them.
2. Please give copies of these complaints (If the government wants, it may hide the details of
complainant).
3. Please intimate, which of these complaints were dosed without any investigation. Why?
4. Please intimate which of these complaints were dosed after investigation. Give copies of
enquiry reports on the basis of which the complaints were dosed.
5. In which cases has pend action been initiated? What pend action has been initiated?
6. In which cases, criminal complaints have been filed? What is the status of these cases now?
7. Which cases are pending and when is it expected that investigation would be completed in
them?
You may like to file such an application in any department, where you feel that there is a lot of
corruption and no action is being taken against the guilty officials.
11
How are public grievances being handled by the government?
Where public grievances are not attended to by the concerned government officials, we can hold
them accountable by seeking the following information.
1. Please give a list of all the grievances received from the public during Fys
.
2. Please give copies of all these grievances.
3. What action has been taken on each one of these so far?
4. As per rules and law, in how much time should each one of them be resolved?
5. What penalty is prescribed against the officials if they do not adhere to these time limits?
6. What are the reasons for delay in each of the grievances?
7. What action would be taken against the officials in each case of delay?
You can ask these questions from any government department.
Do you have a broken road? Discovering that Roads Were Repaired only on Paper
Would you also like to find out about the roads that you use? If so, you can ask the following questions:
The following is a list ofroads: (give the list of roads for which you want information)
Please provide me the following information with respect to the above roads:
1. During the period to, how many times have repairs (both minor and major) been
carried out on each of the above roads?
2. If the work was done departmentally, please provide the following information with respect to
each such work:
a. Copy of relevant portion of stock register
b. Copy o f rele van t portion o f labour register
c. Exact location of spots where the work was carried out
d. When was the work carried out
e. What was the me thod of repair?
f. What was the composition of materia! used?
3. If the work was done through a contractor, please provide the following information with
respect to each such work:
a.
b.
c.
d.
Copy of measurement book (both abstract entries d record entries)
Copy o f ske tch
Copy of details of estimates
If there was any guarantee clause in the contract, copy of that portion of the contract
which mentions this guarantee clause and the conditions in which this clause can be
invoked.
e. Names of the Assistant Engineer and the Executive Engineer who inspected each of
these works and passed payments.
f. Has the guarantee clause been invoked till now? If no, why despite the fact that the
roads are in such bad condition.
4. The roads are totally broken these days. Please give reasons for the bad condition of each of
these roads (please mention specific reasons for each road separately).
5. I want to take sample-of materia! of each of these roads under section 2(J(iii)) of the bight to
Information Act. The sample should be collected from the place of my choice. It should be
collected in my presence and should be sealed and certified. Please intimate me the date, time
and venue where I should come to
collect the samples.
6. When will these roads be repaired?
*
National Campaign for People's Right to Information (NCPRI)
The National Campaign for People's Right to Information (NCPRI), launched in 1996, seeks to
empower the people and to deepen democracy, through promoting people's right to information.
Through the use of this right, it seeks to fight corruption and social apathy, to make governments,
and other institutions and agencies having an impact on public welfare, more humane and
accountable to the people, and to promote efficiency and frugality. The NCPRI is committed to
support participatory, just, secular and humane democracy.
The NCPRI endeavours to constantly engage and interact with the state and with other
institutions and agencies. It campaigns for the enactment and use of a right to information law
that is effective and accessible to all, and supports people's efforts at developing the ability and
motivation to use the right to information for addressing individual and social problems. It works
at disseminating the RTI law and encourages and supports the development of materials related to
transparency and governance, the raising of awareness about the fundamental value of
information, the conduct of research, and the setting up of information clearing houses. It seeks
to further the cause of transparency by adopting other direct and indirect methods, including the
filing of information requests, the fighting of legal cases, and the holding of public hearings.
The NCPRI seeks to actively work with other progressive campaigns and movements and in
solidarity with other progressive elements of society.
Our Working Committee:
Ajit Bhattacharjea, Anjali Bhardwaj, Aruna Roy, Bharat Dogra, Harsh Wander,
AAaja Daruwala, Nikhil Dey, Prabhash Joshi, Prakash Kardaley, Prashant Bhushan,
Shailesh Gandhi, Suman Sahai, Vishaish Uppal, Shekhar Singh (Convenor)
Our contact details:
National Campaign for People's Right to Information (NCPRI)
C 17A Munirka, New Delhi 110 067
Phne: +91 (0)11 26178048, Fax: 26168759
shekharsinqh@qmail.com
ncpri@qmail.com
www.riqhttoinformation.info
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