
A majority of 16 Information Commissions have failed to respond with sustainable measures to enable the monitoring of public authorities during the current crisis despite the UN calling on governments to promote access to and free flow of information.
Shikha Chhibbar | Clarion India
THE Right to Information (RTI) Act, 2005 is a major empowering tool for the citizens of India to get information from the public authorities at a minimum effort. RTI has been a lifeline for ordinary people wanting to access information that impacts their daily lives. Under the RTI Act, Information Commissions are established at, both, the central and state level for hearing appeals and complaints against the decisions of the Public Information Officers.
Information Commissions in India have been adversely affected by the COVID-19 crisis. It has disrupted their regular functioning. During the initial days of the lockdown, only the Central Information Commission (CIC) was found to have conducted hearings in appeal and complaint cases. Its counterparts in the states were non-functional. Even as India slowly reopened itself, at the end of two Unlock phases, less than half of the information commissions were conducting hearings.
The pandemic has challenged the implementation of UN Sustainable Development Goal 16, to which India has committed itself, and which emphasizes transparency, access to information, accountability and anti-corruption, participation and engagement. Local lockdowns in several states have limited citizens’ right to access to information by restricting the role of information commissions in championing transparency.
On their part, a majority of 16 Information Commissions have failed to respond with sustainable measures to enable the monitoring of public authorities during the current crisis. This has continued despite the UN calling on governments to promote access to and free flow of information during these pandemic times.
The physical distancing guidelines and the pressure to curb the spread of the virus has challenged the working process of Information Commissions due to the immediate health risks faced by the Information Commissioners and their staff while performing official duties. Regular sanitisation of office premises is a key measure for ensuring safety of staff and visitors. Ad-hoc changes such as denying in-person hearing -– introduced in response to the pandemic to ensure health safety -– have impacted the interaction between appellants or complainants and the Information Commissioners. The disruption of basic services like public transport has further restricted the movement of people and reduced access to the Commissions.
Yet, a handful of Information Commissions have adopted innovative ways to work around this constraint by allowing virtual hearings using technology. These include online registration of appeal and complaint cases via email requests and acceptance of written submissions from the parties of the cases.A recent survey of Information Commissions by CHRI found that 10 Information Commissions were conducting hearings via phone or video calls or using Whatsapp.
But, there is a need for Information Commissions to look for long-term, sustainable efforts going beyond this immediate response to the crisis. Guidance materials need to be developed by the Central Government’s Department of Personnel and Training (DoPT) — the nodal agency for the RTI Act –– to help public information officers in the implementation and citizens to exercise their right to access information.
Participatory response strategies and the use of people-friendly digital tools can enable public participation. State Information Commissions need to respond in collaboration with RTI activists and citizen groups which can help enhance public trust in transparency institutions. One of the ways to reach practical solutions is by using social media to connect with people and take their feedback on the problems faced by them while using RTI in the current times.
Lockdowns imposed by local government authorities from time to time result in the suspension of personal liberties. These have adverse consequences on the human rights of people, particularly of marginalized communities, which create an atmosphere of distrust. Transparency is significant for gaining public trust in the government, especially during the time of a public health crisis.
This trust is established only when people have access to reliable information and are aware what governments are doing about the spread of the virus. To that end, information about government schemes and accurate data related to them must be in the public domain and health department websites of state governments must provide real-time information of their region. Both these steps include proactive disclosure of crucial information which reaches the most vulnerable and the high-risk sections of the society. Easy access to accurate information can support to counter fake news and misinformation as well.
Besides, ensuring transparency in every government action, while empowering citizens, preventing corruption and protecting whistle blowers during the pandemic; can increase risks to accountability too. For instance, a series of government schemes introduced to address the economic impact of the COVID-19 crisis, such as stimulus economic packages and direct cash transfers in bank accounts, without close monitoring may create opportunities for corruption during implementation at the grassroots level. Thus, complaints against non-availability of basic information related to someone’s financial or food entitlement, relief camps or missing family member must be given first priority by Information Commissions during the current crisis.
Similarly, supply of sub-standard products to government hospitals also infect health infrastructure of public sector with corruption, abuse of power and poor administration. Proactive disclosure of information under Section 4 of the RTI Act by public authorities can help in social audit by identifying misappropriation of funds in state finances and public procurements. In addition, independent oversight by Information Commissions would ensure that the critical information and data for holding government officials accountable is timely put in public domain by the public authorities.
Information Commissions must develop a monitoring plan to identify deviations in the government response to the information needs of the citizens during the COVID-19 crisis. Restrictions on personal liberties of the people caused by the pandemic must not limit the right of access to information in terms of demanding accountability, transparency and public participation. Information Commissions must strive to ensure constant oversight even when social distancing and other containment measures have constrained their functioning.
The RTI Act seeks to achieve transparency and good-governance which empowers even the most marginalised sections of the society with information. In the times of crisis, focus of Information Commissions shall be to protect the right to information of the citizens by strengthening its functioning and demonstrating that virtual hearings are conducted in a citizen-friendly manner. Information Commissions and citizens together can ensure that RTI is used effectively to make the government more accountable, efficient and responsive in the course of the current crisis.
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Shikha Chhibbar is a Human Rights Lawyer working in CHRI, Delhi. Her work is mainly focused on field level research and trainings on RTI and police reforms. The views expressed here are author’s personal.