Scuttling people’s right to information

The Right to Information (RTI) Act, 2005, is facing significant challenges as it enters its 20th year, with mounting evidence of government actions undermining its effectiveness. Reports indicate a backlog of cases, vacant positions in information commissions, and regressive amendments, raising concerns about transparency and accountability in governance.

Operational Challenges

• Vacant Positions: Many information commissions across India are operating with a high number of vacancies, with the Central Information Commission having eight out of eleven posts unfilled, severely hampering its functionality.
• Backlog of Appeals: Over 4 lakh appeals and complaints are pending due to insufficient commissioners, leading to excessive delays; for instance, appeals in Chhattisgarh and Bihar may not be resolved until 2029.
• Supreme Court Observations: The Supreme Court has highlighted that the failure to fill vacancies is rendering the RTI Act ineffective, indicating that citizens' right to information is becoming a "dead letter."

Ineffective Enforcement

• Lack of Accountability: Despite the powers granted to information commissions, penalties are rarely imposed, with 95% of potential penalties not acted upon, leading to a culture of impunity among information officers.
• Government Appointees: Most information commissioners are former government officials or politically connected individuals, often hesitant to take action against government violations of the RTI Act.
• Impact on Applicants: This lack of accountability and enforcement frustrates RTI applicants, who face high costs and significant obstacles in their pursuit of information, undermining the law's intended purpose.

Legislative Backsliding

• Regressive Amendments: Amendments to the RTI Act in 2019 have compromised the autonomy of information commissions, allowing the Central government to control commissioners' tenures and salaries, thus eroding independence.
• Personal Data Exemption: The recent Digital Personal Data Protection Act, 2023, further restricts access to personal information under the RTI Act, exempting all personal data from disclosure and undermining citizens’ rights to information.
• Threats to Whistleblowers: Despite the Whistleblowers Protection Act of 2014, operational rules remain unformulated, leaving RTI users vulnerable; nearly 100 individuals have been killed for utilizing the RTI Act, showcasing the dangers involved.

Practice Question

Q. Critically analyze the challenges facing the Right to Information Act in India, including operational inefficiencies, legislative amendments, and the implications for democratic governance. How can these issues be addressed to strengthen the RTI framework?