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Here’s Why You Need To Defend Your Right To Know. NOW! #SaveRTI

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By Bhanupriya Rao:

Something very dangerous is going on. A lot of us know it already and a lot more need to know. And act.

The Right to Information Act,2005, the most powerful transparency tool in the hands of citizens is being amended in a haste. The amendments are being brought in by the Government to exempt political parties from the purview of the Act. This is the Government’s response, an uncharacteristically quick one, to the CIC’s order in June 2013, that ruled that political parties are public bodies as they perform an important public function and also receive massive amounts of Government funding in the form of tax exemptions, real estate as well as airtime.

SaveRTISo, how does the Government react to this ruling? By bringing about amendments  to be passed in the parliament that exempts political parties from it. And guess who is collaborating with the government on ensuring the bill sails through easily? Why, all the political parties (barring a couple), of course!

Apart from the shrinking of the powerful RTI Act, which has been considered the second best in the world, the entire amendment process sets a very dangerous precedent of parties ganging up to overturn the ruling of a quasi-judicial body like the CIC to protect their own interests and themselves from public scrutiny. What next? We hear that they are all set to overturn the Supreme Court ruling on disqualification of criminal MPs by amending the Representation of People’s Act. So, they have a slew of bills lined up that makes this dangerous precedent a routine practice.

Political parties as Public Bodies: Now they are, now they are not

Parties have gone on ad-nauseum about political parties only being a voluntary ‘associations of persons’ and have included this in the amendment bill. All the parties have been afflicted by collective amnesia as it was the same Lok Sabha that passed the Lok Pal and Lok Ayukta Bill(LLB) in 2011, which covered officers of all ‘association of persons’ that are significantly funded by the government  as public servants who could be probed and prosecuted under the Act. So, in essence, as per the inexplicable logic of the political parties, they are public bodies under the Lok Pal Bill but not under the RTI Act.

When I spoke to Raghuvansh Prasad Singh, one of the few MPs who has actually taken a public stand against the amendments on this logic he roared ‘There can be body more public than the political parties. How can they escape the RTI Act.’

Political parties have been arguing that they are already submitting their accounts to the Election Commission. The truth is these accounts are not always complete and the EC has no power yet to audit them. If they are already transparent, as they claim to be, then why not willingly come under the RTI Act? What do they have to hide? A great deal, going by the urgency with which they are bringing these amendments when they have binned all other bills like Lok Pal, Women’s reservation bill among others.

When all of them Stonewall, a very few stand tall

Over the last couple of weeks, since we heard of the amendments being cleared by the cabinet, a lot of us have been calling our MPs as part of the RTI Call-a-thon to ask them their opinion on the amendments and also request them to vote against it.

We have been stonewalled from a majority of quarters. Until, one lone MP decided to come out and take a strong public stand against the amendments. Jay Panda, the BJD MP from Kendrapara, was a breath of fresh air, who tweeted , not just on his own stand but also tried to rally around fellow politicians  like Shashi Tharoor, Narendra Modi and  Ajay Maken to respect public sentiment and galvanise within their own parties. He has since written a letter to the speaker of the Lok Sabha to refer the Bill to a standing committee to facilitate wider public consultation around it. We, as citizens have been working very closely with his office to lend support from outside to galvanise public opinion and give strength to his crusade from inside the parliament.

Raghuvansh Prasad Singh is that rare breed of politicians who has managed to defy his party leadership and take independent stand on issues. He has come out strongly against these amendments and has aid he is willing to stand up to his party and his leader Lalu Prasad Yadav if need be. He asserted that political parties should proactively disclose their funding and other details instead of closing ranks to scutlle an Act that is so empowering. ‘I feel ashamed to be part of this fraternity that chooses to ignore citizen’s concerns’.

It has been an empowering exercise both engaging with the MPs. Although frustrating at most times, it has served us well and taught us some very important lessons primary among them being that such engagement should not be a one-off exercise but a constant and sustainable process. We, as citizens, cannot lay blame squarely on their shoulders if we are not willing to engage. Democracy is an everyday exercise, not one that happens once in five years. The more we ask, the more we get. The more we get, the more we can ask for.

What can we do to #saveRTI?

Proceduraly, the only person who can now act is the Speaker of Lok Sabha, who has the power to refer the bill to the standing committee. So unless masses of people make a noise from outside, it is very likely that she will be drowned  by the voices of our MPs who are singing in unison. Please sign this petition asking her to stall the vote and urge others to do so.

Engage with your MP. Call them, tell them about Mr. Jay Panda’s and Mr.RP Singh’s stand and ask them to do the right thing an speak their minds up within the party. Find their numbers here http://getrti.org/campaigns/rtia

Join us for a hangout with Jay Panda, Anjali Bharadwaj and Venkatesh Nayak on 23rd August, 5 PM, IST.

Together, we must defend our Right to Know. For if we don’t, no one else will!

Guest post by Bhanupriya Rao: Bhanupriya is an active Open Data and RTI campaigner. She is based in London and is the regional co-ordinator Asia at Open Data Barometer.

You must be to comment.
  1. Saumya Sahni

    Exempting political parties from the purview of RTI is a blot on a democratic nation like India. Already we have failed to tackle Corruption, this is nothing but a deeper aspect highlighting corruption. This corruption will engulf not only the concerned public officers but also the entire nation. If there is nothing to hide, what is the issue in coming out transparent? If political parties won’t be answerable to its citizens, then to whom are they accountable then?

    1. Raj

      The issue is whether political parties are public entities or private entities. Unlike public entities. private parties have not been established by a law/statute of the land. Unlike the various departments and ministries in our Govt., political came about and operate independently. And your arguments can be extended to private organizations including companies and even households, That’s where the ambiguity with respect to political parties arise.

      And corruption is primarily because we have a bloated bureaucracy and a welfare state which regulates and subsidizes some of the employees through unions etc. but also some of the employers through special favors, protection from foreign competition etc. There is an incentive for both sides to gain control of the Govt. for their narrow needs. Policing and RTI are hardly long-term sustainable solutions.

  2. Rajaram

    When the government of India is shelling crores of rupees on providing subsidized facilities to political parties and MPs, they automatically qualify as public organizations, thereby falling under the ambit of RTI. When the very political parties who envision the welfare of people try to amend the RTI, we need to pause and think.

    1. Raj

      What subsidies in particular are being given to political parties (MPs are different, they are elected officials)? Also then shouldn’t all private organizations receiving subsidies from the Govt. also come under the RTI ?
      I feel first of all these subsidies and benefits must abolished and the powers of public authorities should be heavily restricted, then we won’t have the mess of having a bureaucracy and then coming up with patchwork fixes like RTI

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