PROTECTION OF RTI USERS

ARTICLE BY Mr. Shailsh Gandhi.

Note on Steps to deter Attacks on RTI activists
The Right to Information Act, 2005 (RTI Act) was enacted to “promote transparency and accountability in the working of every public authority” and to “contain corruption and to hold Governments and their instrumentalities accountable to the governed”. The Act sets out the practical regime, by which citizens may enforce their fundamental right to information by securing access to information under the control of public authorities. Unfortunately, in the recent past, those seeking information under the RTI Act are coming under increasing acts of retribution. There has been a continued spree of attacks on RTI activists across the nation, some of which have been fatal. The basic objective of these attacks is to silence the seeker of information, and ensure that corruption or wrongdoings are not exposed. A dangerous nexus has been formed amongst the corrupt to silence the RTI crusaders.

Demanding information, especially at the grassroots, is often met by intimidation and reprisals. Many citizens face grave physical assaults on a regular basis. Several threats and attacks including murder do not even make news. The police response is often not adequate. When Parliament enacted the RTI Act, it could not have envisaged that the process of achieving transparency and accountability in the Government machinery would result in attacks of retribution and even death. Necessary steps now need to be taken to protect such citizens who seek to protect our democratic ideals.

As a body which is set up for the purpose of safeguarding the citizens’ fundamental right to information, the Information Commission has a responsibility to take measures to protect RTI users. I am outlining below, how RTI users and the Commissions could work together to reduce the danger of assaults and murder of RTI users:

1. When a RTI applicant is physically assaulted he, or someone else should immediately file a complaint under Section 18 to the concerned Information Commission.

2. Such a complaint should give details of the attack, hospital and police reports, and details of the RTI applications, which may have been the cause of the attack and list of pending RTI applications.

3. Since the physical assault or murder is prima facie alleged to be in relation to the information sought, the communication received by the Information Commission must be registered as a Complaint under Section 18(1)(f) of the RTI Act.

4. The Information Commission should enquire into the matter vide its powers under Section 18 of the RTI Act within two weeks.

5. On completion of enquiry, where the Information Commission is of the view that the physical assault or murder was in relation to the information sought by the RTI applicant, it shall pass the following directions:

a. As per Section 19(8)(a)(iii) of the RTI Act, the Information Commission has the power to require the public authority to take steps necessary to secure compliance with the RTI Act including – publishing certain information or categories of information. Further, Section 8(2) of the RTI Act states that even where disclosure of information is protected by the exemptions under Section 8(1) of the RTI Act, if public interest in disclosure outweighs the harm to such protected interests, the information must be disclosed under the RTI Act.

It follows that where information sought by a RTI applicant was of such nature that it led to his physical assault or even demise, it may be presumed that there must be significant public interest in its disclosure in public domain. Further, by allowing disclosure of such information, it may deter attacks on information seekers which would also serve a greater public interest as spelt out in Section 8(2) of the RTI Act. However, notwithstanding the above, it must be recognised that sometimes disclosure of such information may prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation to foreign State or lead to incitement of an offence, which is exempted under Section 8(1) (a).

In view of the same, the Information Commission should direct the public authority to publish all the information sought by the RTI applicant, on the website of the department under Section 19(8)(a)(iii) of the RTI Act. Such disclosure would be in furtherance to Section 8(2) of the RTI Act subject only to the exemption contained in Section 8(1)(a) of the RTI Act. Such a direction should normally direct that the information should be displayed on the website in less than four weeks.

b. Section 4(1)(b)(xvii) of the RTI Act obligates a public authority to publish such other information as may be prescribed. In view of the same, the Information Commission can also direct the relevant police/ investigation department to publish on a monthly basis the action taken regarding the investigation of the physical assault or murder of the RTI applicant.

6. It is relevant to mention that where physical assault or murder of a RTI applicant is reported, but no person is complaining to the Information Commission, in such cases also, the Information Commission could direct as follows:

a. Under Section 4(1)(b)(xvii) of the RTI Act, direct the public authority to publish all the information sought by the RTI applicant, on the website of the department.

b. Under Section 4(1)(b)(xvii) of the RTI Act, direct the relevant police/ investigation department to publish on a periodic basis the action taken regarding the physical assault or murder of the RTI applicant

I believe that by adopting the above guidelines, attacks on RTI activists may be deterred fairly effectively. If the purpose of the attack on the RTI user was to stop the release of information being sought by him, an attack would ensure release of such information on the websites. After some time criminals would realise that an attack on a RTI user would be counter-productive, since it would lead to a release in public domain of the information which they wish to hide. The Commission asking police to give details of the investigations monthly would also put pressure on the police to work diligently and speedily. This could offer significant protection to RTI users, if Commissions pursue this path. It would be useful if various State Commissions pass resolutions on the lines of the one passed by the Central Information Commission.

Shailesh Gandhi