When Indians are asked to choose some of the most corrupt public figures around them, two groups are almost always at the top, the politicians and the cops. The common citizen does not waste time in criticizing these groups for their greed, incompetence and bloated ego.
However, on the scale of exploitation, they are not of the same weight. Anybody who knows anything about the civics of India will know that the Indian police works at the mercy of politicians. Politicians rule the roost, and usually grow up with the belief that this country was built to serve their interests. The police is simply the tool with which a politician can go about projecting his/her power and implement their grand designs.
Bodyguards at their residences, their vehicles driven by uniformed cops, and using their so-called VIP status to get past airport security are just some of the many examples of how the politicians of this country live a blessed life.
I have for long ranted against the political influence on our police forces. Numerous movies have been made on the subject, numerous reports have been published, and numerous cases of political pressure have been brought to light, yet nothing is done to rectify the situation. Why? Because changing this status quo will only take away power and influence from the hand of a politician, and in this supremely democratic establishment, we definitely can't take away such unsurmountable power from the hands of our dearly beloved elected public officials. no?
Anyway, cutting aside the sarcasm, there are always some good vibes that seek to make a change. In fact, there is probably some divine providence that our country still manages to forage ahead despite all these netas dilligently trying to sell out their own country.
In a very refreshingly statement from the Supreme Court, they have indicated that they want a change. Thats good, because despite the extent to which the system has been subverted by the political class, our democracy can claim that our Supreme Court is still a shining beacon in the haze.
I have said it before and now the Justices of the Supreme Court of India say it too, that the police must be insulated from political interference. Why do politicians get away with everything? Its because they control the police. They control the police with threats and having the ability to suck their party leaders' dicks and punish the cops who try to punish them.
SC orders a cop clean-up
Insulating the police from politicians, separation of law and order machinery from the investigative apparatus, fixed tenure for police officers starting right from the station house officer — these are some of the far-reaching directions given by the Supreme Court today aimed at establishing a long-cherished independent and responsive police force in the country.
A bench of Chief Justice Y K Sabharwal, Justice C K Thakker and Justice P K Balasubramanyam, on a petition filed by Prakash Singh, a former Director General of Police, and NGO Common Cause, gave the judgement listing the directions. When implemented, these have the potential to change the face of India’s police force.
The key recommendations are:
• Setting up of a State Security Commission in every state to ensure that state government does not exercise unwarranted influence or pressure on the police.
• DGP of state to be selected from among three senior-most officers; will have fixed tenure of atleast 2 years.
• IG, Deputy IG, SP and SHO will have minimum fixed tenure of 2 years.
• Investigating police will be separated from law and order police to ensure speedier investigation, better expertise and improved rapport with people.
• Police Establishment Board in each state to decide on transfers, postings etc and service related matters of officers’ upto DSP.
• Police Complaints Authority at district level to look into complaints against police officers till DSP.
• Center to set up National Security Commission for selection and placement of Chiefs of Central Police Organisations.
The directions have to be complied on or before December 31, 2006, the judgment said, and sought compliance reports from the Cabinet Secretary, Government of India and Chief Secretaries of states or union territories by January 3, 2007.
The State Security Commission “shall” be headed by the CM or Home Minister and have the DGP of the state as ex-officio Secretary. However, the independence of the Commission will be ensured through the other members including the leader of the opposition or the Lok Ayukta as the case may be, a retired or sitting judge and some non-political citizens.
The Police Establishment Board will be made up of the DGP and four senior officers of the department. “The state government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so.”
To maintain independence of the Police Complaints Authority, the bench ordered that the PCA at the district level “may” be headed by a retired District Judge and at the state level by a retired judge of the High Court or Supreme Court. The PCA will have on its panel retired civil servants, police officers or members of civil society.
It will take note of only charges of serous misconduct by the cops including incidents involving death, grievous hurt or rape in custody. The district authority may also inquire into allegations of extortion, land grabbing etc. Another important recommendation is for setting up a National Security Commission to be headed by the Home Minister and comprising heads of the Central Police Organisations and a couple of security experts as members with the Union Home Secretary as its secretary. The NSC will draw up a panel to be placed before the appointing authority for selection and placement of chiefs of the CPOs. The Chiefs will also enjoy a two-year minimum tenure.
The petitioners had approached the court in 1996 after the government dragged its feet on the recommendations of the National Police Commission and several others regarding reforms in the force.
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Monday, September 25, 2006
Wednesday, September 13, 2006
Indian hockey still going nowhere
There was a time when Indian hockey was at its prime, with great players, great tournaments, and great showings at all international meetings, including the Olympic games. Unfortunately, the way the state of Indian hockey is right now, one seems to wonder if there is any lower than we can go.
The Hockey World Cup is on right now in Germany, and India has played 5 games already, and not won a single one. India has lost to everybody in its group, only managing to get a draw against South Africa was it? So thats the way the tournament is going. Once the powerhouse of world hockey, home to the names of Dhyanchand, Mohd. Shahid et al, and today we can't win a game. I am sure the IHF, abely led by supercop KPS Gill, is rolling in laughter at this great joke they are playing with our players and with the country.
Fuck man, in a group of 6 teams, we drew with one and lost to 4, and are, expectedly, at the rock bottom. What the hell went wrong? Is it bad policy, is it lack of skill, is it lack of facilities, is it lack of training, there has got to be something that we can put a finger on and say that "look, this is the reason you suck so bad, and if you work on this, maybe, just maybe, you'll at least win a game next time."
A former German coach says that a great hockey nation like India is at this sad juncture is because there is no direction. Hmm, I thought Indian sports programs never really had any direction. Take any sport, any damn sport, and you will find fat officials gorging on funds that are meant for players, dirty administrators who'se only job is to cut corners and never ever try to do justice to their job. Our sports associations are filled with washed out, dirty netas who still live under the false pretense that they are still important, and have turned every damn sports field into a fucking cowshed.
Oh, and as much of an optimist that I am, I am also beginning to wonder that the governments of Delhi, its worthless civic authorities are definitely going to fuck up during the Commonwealth Games in 2010. Dude, in India bureaucracy has never been capable of doing anything. And when that bureaucracy is led by an even worse entity, called the Indian polity, you can be sure that we will get nothing but incompetence and substandard functioning. If Indian politicians had any balls or even an iota of will in them to change this country for the better, we probably would be better. Fuck them, this is not about them.
Coming back to Indian hockey, I've said it before and i'll say it again, as much as KPS Gill has achieved on the internal security front as a cop, he has done nothing for the IHF except feed his ego and obstinacy. The IHF is as closed and unaccountable as the BCCI or any other sports federation.
Fine, people will say that look, they started the PHL, and yes, that is a good concept, but it is still too early to say where it is headed. With IHF at the helm, how can one not expect things to wane and the initial enthusiasm to die out?
Indian hockey hits rock bottom at WC
The Indian hockey team's nightmare at the World Cup continues. A team which has got Olympic gold medals to its name can't win even one match in the hockey World Cup. It's been another disastrous campaign for India at an international tournament.
Embarrasing, if you are looking for a word to summarise India's performance at the hockey World Cup. Don't look beyond it. With just one point from five matches, India is now nowhere near the semi-final stage. They will now be contesting for the last four places in the classification matches.
India have played well only in patches. The forwards have been off-colour barring youngster Shivendra Singh. Before their departure, the coaches said the midfield would be the key. But in Monchengladbach, the midfield was listless.
Indian teams in the past have been known for their attacking skills. But this time, the entire setup has been defensive. Experts say this is another reason why India are conceding last-minute goals, which have often been the decisive ones. India finished 10th at the last World Cup. But this time around, there is a real danger of finishing last.
---------------------------------------------
No direction
Germany’s famed hockey coach Paul Lissek is saddened by India’s decline and an evident lack of concerted efforts to revive the glory days. He feels India is sufferings the pangs of disjointed planning.
Lissek said it was difficult to believe this slide, and hoped that serious introspection about the causes — and remedial steps —was being done back home in India to ensure that they have the chance of reclaiming a place on the podium at global events.
The most glaring example is that the current side’s coach, V Bhaskaran, was given charge of the squad just four months ahead of the World Cup. “Can anyone shape a World Cup winning outfit in four months?” exclaimed Lissek.“You need a programme in place for two generations of players if you want to produce consistent performances. Look at India’s coaching plans, there’s a glaring lack on continuity from one tournament to the next.”
“You simply can’t have two or three new coaches every year and yet hope to win gold medals,” he said. “Look at all the successful countries, they all have continuity in their coaching programme. The Indian skills are still on view, but their teams haven’t been clicking for some time,” said Lissek, who feels the bench strength of the current Indian squad was not strong enough to maintain the tempo.
“It appears to me that India have a good starting lineup of 11 players, but the remaining ones on the bench are not of the same quality,” he said. “One’s got to be patient with the players, who need time to settle down.”
---------------------------------------------------
And you know what is going to happen next? Because of India's yet another distastrous showing, this four month coach will also get scrapped, and some other goat will be fattened till its time for him to go. Jai ho, jai ho kutte ke pillon.
The Hockey World Cup is on right now in Germany, and India has played 5 games already, and not won a single one. India has lost to everybody in its group, only managing to get a draw against South Africa was it? So thats the way the tournament is going. Once the powerhouse of world hockey, home to the names of Dhyanchand, Mohd. Shahid et al, and today we can't win a game. I am sure the IHF, abely led by supercop KPS Gill, is rolling in laughter at this great joke they are playing with our players and with the country.
Fuck man, in a group of 6 teams, we drew with one and lost to 4, and are, expectedly, at the rock bottom. What the hell went wrong? Is it bad policy, is it lack of skill, is it lack of facilities, is it lack of training, there has got to be something that we can put a finger on and say that "look, this is the reason you suck so bad, and if you work on this, maybe, just maybe, you'll at least win a game next time."
A former German coach says that a great hockey nation like India is at this sad juncture is because there is no direction. Hmm, I thought Indian sports programs never really had any direction. Take any sport, any damn sport, and you will find fat officials gorging on funds that are meant for players, dirty administrators who'se only job is to cut corners and never ever try to do justice to their job. Our sports associations are filled with washed out, dirty netas who still live under the false pretense that they are still important, and have turned every damn sports field into a fucking cowshed.
Oh, and as much of an optimist that I am, I am also beginning to wonder that the governments of Delhi, its worthless civic authorities are definitely going to fuck up during the Commonwealth Games in 2010. Dude, in India bureaucracy has never been capable of doing anything. And when that bureaucracy is led by an even worse entity, called the Indian polity, you can be sure that we will get nothing but incompetence and substandard functioning. If Indian politicians had any balls or even an iota of will in them to change this country for the better, we probably would be better. Fuck them, this is not about them.
Coming back to Indian hockey, I've said it before and i'll say it again, as much as KPS Gill has achieved on the internal security front as a cop, he has done nothing for the IHF except feed his ego and obstinacy. The IHF is as closed and unaccountable as the BCCI or any other sports federation.
Fine, people will say that look, they started the PHL, and yes, that is a good concept, but it is still too early to say where it is headed. With IHF at the helm, how can one not expect things to wane and the initial enthusiasm to die out?
Indian hockey hits rock bottom at WC
The Indian hockey team's nightmare at the World Cup continues. A team which has got Olympic gold medals to its name can't win even one match in the hockey World Cup. It's been another disastrous campaign for India at an international tournament.
Embarrasing, if you are looking for a word to summarise India's performance at the hockey World Cup. Don't look beyond it. With just one point from five matches, India is now nowhere near the semi-final stage. They will now be contesting for the last four places in the classification matches.
India have played well only in patches. The forwards have been off-colour barring youngster Shivendra Singh. Before their departure, the coaches said the midfield would be the key. But in Monchengladbach, the midfield was listless.
Indian teams in the past have been known for their attacking skills. But this time, the entire setup has been defensive. Experts say this is another reason why India are conceding last-minute goals, which have often been the decisive ones. India finished 10th at the last World Cup. But this time around, there is a real danger of finishing last.
---------------------------------------------
No direction
Germany’s famed hockey coach Paul Lissek is saddened by India’s decline and an evident lack of concerted efforts to revive the glory days. He feels India is sufferings the pangs of disjointed planning.
Lissek said it was difficult to believe this slide, and hoped that serious introspection about the causes — and remedial steps —was being done back home in India to ensure that they have the chance of reclaiming a place on the podium at global events.
The most glaring example is that the current side’s coach, V Bhaskaran, was given charge of the squad just four months ahead of the World Cup. “Can anyone shape a World Cup winning outfit in four months?” exclaimed Lissek.“You need a programme in place for two generations of players if you want to produce consistent performances. Look at India’s coaching plans, there’s a glaring lack on continuity from one tournament to the next.”
“You simply can’t have two or three new coaches every year and yet hope to win gold medals,” he said. “Look at all the successful countries, they all have continuity in their coaching programme. The Indian skills are still on view, but their teams haven’t been clicking for some time,” said Lissek, who feels the bench strength of the current Indian squad was not strong enough to maintain the tempo.
“It appears to me that India have a good starting lineup of 11 players, but the remaining ones on the bench are not of the same quality,” he said. “One’s got to be patient with the players, who need time to settle down.”
---------------------------------------------------
And you know what is going to happen next? Because of India's yet another distastrous showing, this four month coach will also get scrapped, and some other goat will be fattened till its time for him to go. Jai ho, jai ho kutte ke pillon.
Thursday, September 07, 2006
thinking behind time
When God was giving out alertness and quick response, he, or she, kept out one group of people out of the loop. That group of people would then go on to be called the successive governments of India.
The story of Indian politicians is simple - they will start warming up when the race is over. Why am I saying all this? Because its true. The aviation sector is a perfect example of how the politicians of India have absolutely no idea what the country is upto, for most of the time. What to speak of the absolutely dangerous and horrendous situation in which these politicians have allowed our internal defenses to rot and allow enemies to permeate our fabric.
Any public project takes forever to be implemented in this country. This current regime is no different. It sickens me to see how weak they are. The Bangalore International Airport has been a work in progress for the last two decades, and when it is finally being built, they realize that by the time it is finished, it will be too small to cater to the number of passengers that will use it.
Its not just the center, but the state governments too that are equally to blame. Devegowda and his son are as ineffective and worthless as they can get. Also, what is this new mantra called 'public private partnership' that the new government is harping about? Hmm, is it part of their reforms with a human face theme?
I am really sick right now, and my thoughts are coming out as pieces of a jigsaw puzzle, but my feeling of indignation is the same throughout. Our netas have no vision, and they have no idea what this country they are ruling is upto. They would rather sit tight in their air conditioned offices with bodyguards standing outside while the rest of the country has to do without electricity and without an iota of law and order.
The story of Indian politicians is simple - they will start warming up when the race is over. Why am I saying all this? Because its true. The aviation sector is a perfect example of how the politicians of India have absolutely no idea what the country is upto, for most of the time. What to speak of the absolutely dangerous and horrendous situation in which these politicians have allowed our internal defenses to rot and allow enemies to permeate our fabric.
Any public project takes forever to be implemented in this country. This current regime is no different. It sickens me to see how weak they are. The Bangalore International Airport has been a work in progress for the last two decades, and when it is finally being built, they realize that by the time it is finished, it will be too small to cater to the number of passengers that will use it.
Its not just the center, but the state governments too that are equally to blame. Devegowda and his son are as ineffective and worthless as they can get. Also, what is this new mantra called 'public private partnership' that the new government is harping about? Hmm, is it part of their reforms with a human face theme?
I am really sick right now, and my thoughts are coming out as pieces of a jigsaw puzzle, but my feeling of indignation is the same throughout. Our netas have no vision, and they have no idea what this country they are ruling is upto. They would rather sit tight in their air conditioned offices with bodyguards standing outside while the rest of the country has to do without electricity and without an iota of law and order.
Wednesday, August 30, 2006
kind of slow here, ain't it?
I've not really been able to sit down and work on my blog for a while. Its not really because I am tired or bored of doing it, its just that I have been bogged down with so many things recently.
At work, I have to learn the jobs of two interns till the replacements come in, and this extra work keeps me busy all day. In addition, I am moving to a new place, and all my evenings after work go in moving my things and helping my new roommates move their things. But the move is done and I am waiting for an internet connection at my new apartment before I can get down to business again.
But some musings still. It seems the anti-quota stir among the doctors and students of India is stirring up again, because the Government just brought the bill into the House. I strongly believe that the bill will be passed, simply because it is in the interest of all the netas to keep this country divided.
I am finally beginning to find a lot more examples of writers who say that the reason our public education is in a mess is because it is, again, not in the interests of the netas to educate the masses. If only the masses can see through this and demand what is rightfully ours, i.e a right to education and a right to lead an a life of equality and freedom, without prejudice and injustice.
Meanwhile, there is a new controversy surrounding Vande Mataram. Apparently, it is unislamic for the Muslims of India to sing our national songs. I don't know what to say in this case. All I know is that I would like to take a big cricket bat and beat these bloody mullahs and the Darul-Uloom people in Deoband to a pulp. From being the centers of learning and philosophy, they have reduced themselves to their counterparts in Pakistan; rabid and orthodox. Please grow up. Your fate is attached to the fate of the country you live in, and singing praises of your motherland in no way constitutes unislamism.
Also, the government is increasing its attempts to play the big brother and decide what the people of this country can and cannot watch. Apparently a lot of television channels showing American movies and playing western shows are banned for showing smut. Oh my God, how will I get to see half-nude chicks now???
If you didn't get it, its sarcasm. What I am trying to say is that no government can beat technology. You can't watch a girl in a bikini on tv, then that kid will get his/her fix from the internet, or a pirated porno CD, or numerous other ways. Instead of trying to be an open society, we are trying to close it further. It is pretty much the same mentality that if a streetside romeo teases a girl because she is showing her legs, the girl should be punished. Bloody close-minded medieval cockroaches.
At work, I have to learn the jobs of two interns till the replacements come in, and this extra work keeps me busy all day. In addition, I am moving to a new place, and all my evenings after work go in moving my things and helping my new roommates move their things. But the move is done and I am waiting for an internet connection at my new apartment before I can get down to business again.
But some musings still. It seems the anti-quota stir among the doctors and students of India is stirring up again, because the Government just brought the bill into the House. I strongly believe that the bill will be passed, simply because it is in the interest of all the netas to keep this country divided.
I am finally beginning to find a lot more examples of writers who say that the reason our public education is in a mess is because it is, again, not in the interests of the netas to educate the masses. If only the masses can see through this and demand what is rightfully ours, i.e a right to education and a right to lead an a life of equality and freedom, without prejudice and injustice.
Meanwhile, there is a new controversy surrounding Vande Mataram. Apparently, it is unislamic for the Muslims of India to sing our national songs. I don't know what to say in this case. All I know is that I would like to take a big cricket bat and beat these bloody mullahs and the Darul-Uloom people in Deoband to a pulp. From being the centers of learning and philosophy, they have reduced themselves to their counterparts in Pakistan; rabid and orthodox. Please grow up. Your fate is attached to the fate of the country you live in, and singing praises of your motherland in no way constitutes unislamism.
Also, the government is increasing its attempts to play the big brother and decide what the people of this country can and cannot watch. Apparently a lot of television channels showing American movies and playing western shows are banned for showing smut. Oh my God, how will I get to see half-nude chicks now???
If you didn't get it, its sarcasm. What I am trying to say is that no government can beat technology. You can't watch a girl in a bikini on tv, then that kid will get his/her fix from the internet, or a pirated porno CD, or numerous other ways. Instead of trying to be an open society, we are trying to close it further. It is pretty much the same mentality that if a streetside romeo teases a girl because she is showing her legs, the girl should be punished. Bloody close-minded medieval cockroaches.
Wednesday, August 23, 2006
A new RTI act and newer ways to subvert it
The RTI Act is a far reaching act, and relatively very new. Any well meaning act, if it has to start making a change, must be given time, and slowly and surely, everyday some news trickles in of how this act has enabled some disenfranchised citizen to get justice and/or get a fair hearing.
The Government had created an Information Commission too, and had given it enough teeth to justify its formation. But as you could imagine, any good thing is shortlived when it comes to the Indian government. I am sure that in 50 years of extreme incompetence and corruption, there will be a lot of skeletons hidden in any government department's closet, and sooner or later, this act will probably try to tumble them out.
The netas and babus are a strong lobby, and more often than not, they only work for themselves. The Government of India fully agrees, and that is why it has been trying to clip the wings of the RTI act for a while now. The government wants to keep all the personal notings on government files out of the purview of the act, and this act of subversion has been meeting stiff resistance from all and sundry, including the media. Now why would the government want to do that? Well, I dont know, and I can't imagine what are the things that babus and netas keep writing on these files before they send it back into the great circle of red tape. Another less reported news was the government also wants to clip the teeth of the knowledge commission. While it currently has power to act on its own and punish people, now the government wants its role to be strictly that of a consultant.
However, help for the act came in from the most unlikely of places, from Her Majesty! They say that she parlayed against any changes to the act, and the act seems safe for now.
According to a newsitem from Rediff, the government's attempt to curb the act have been on since last year, the same year the act was introduced and passed! Man, talk about short-term objectives.
However, looking at current news stories, the government has said that no such amendments will be introduced in this current monsoon session. This probably leaves the possibility, or should i say probability, of any such amendments being introduced at a later date. Only a few days ago, some MPs from a regional party asking for a Telengana state in AP withdrew support from the UPA, and I expect the government to be busy putting that fire out.
Centre backtracks on Information Act
Official sources said Congress president Sonia Gandhi and Prime Minister Manmohan Singh received many representations against the proposed amendments, aimed at deleting "file notings" from the new transparency regime.
Ms. Gandhi is believed to have advised the Government that there should be wider consultations among the stakeholders before the controversy over the file noting provisions got sorted out.
In the Government's own narrative, "file notings" were never part of the Right to Information Act as passed by Parliament.
In this narrative, neither the Group of Ministers nor the Parliamentary Standing Committee had intended to include the words "file notings" in the definition of "information" given in Section 2(f).
A controversy arose because the Central Information Commission interpreted Section 2(f) to include "file notings." As the Central Information Commissioner, O.P. Kejriwal, told the media in July 2006, "Information minus the notings amounts to taking the life out of the RTI Act."
Mr. Kejriwal's dissent prompted the Prime Minister's Office to issue an elaborate explanation on July 26, 2006. In this it was clarified that even after the amendment the "file notings of all plans, schemes and programmes of the Government that relate to the development and social issues shall be disclosed."
According to officials, it would mean that only a small portion of the file notings relating to "personnel-related matters like examination, assessment and evaluation of recruitment, disciplinary proceedings, etc." was being kept out of the disclosure purview.
Nonetheless, various sections of civil society, as also the Information Commissioners, were not mollified. Social activist Anna Hazare of Maharasthra went on a fast.
The decision to defer making changes in the Right to Information Act is in response to the protests.
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The good news about this whole thing is that public pressure actually seems to be working in India. I haev said a couple of times about how Congress is prone to any kind of pressure, and that due to lack of balls, it can change any stance as long as it feels it is not pissing off the votebanks. So yes, because people are pissed, Ms. Gandhi has realized that touching it would probably be a bad idea. Now you can come up to me and ask, "Yo Vasu, the public outcry has been greater for the government's attempt to divide our economy and our educational institutions into castes, so why doesn't the government seem to be backing down?"
Well, friend, I dont know.
A writer in Business Standard, Subir Roy, says that most of the babus in the governments don't even know how this act works. Accountability never really has been a problem for any government in the country, so its going to take time for the importance and uses of this act to settle in, but maybe the babus and netas can see the writing on the wall that once this happens, their days of corruption, incompetence and lethargy, are greatly reduced, if not over.
Right to information survives
The first attempt to sabotage the Right to Information Act, principally by seeking to keep file notings out of its ambit, has hopefully been defeated. This is unlikely to be the last and huge effort is needed to make the Act work in improving governance.
Eliminating file notings would have effectively killed the Act because the advice tendered and reasons cited for a particular decision are really the substance of the decision-making process. Take away the noting and you can be left with only some correspondence. This is particularly so if an administration, as is sometimes done in Karnataka, follows the “single file” system. Under it, the file itself rather than correspondence moves from office to office and everything is in the notings. Take away the notings and you are deprived of 90 per cent of the information contained in a file.
On the other hand, the knowledge on the part of officials and ministers that what they are putting down can one day become public will likely make people think twice before pursuing a course of action that will not stand up to later scrutiny.
An informal check with several officials revealed to me that they feel the Act can strengthen them in their attempt to resist pressure to give unsound advice. On the other hand, a pernicious practice currently rife is for officials to first “consult” their seniors or ministers and then make notings which will pass muster.
The problem right now is that it is an emerging law and activists feel that the state information commissioners are too soft in the way they are interpreting the ambit of the law. Even they are the second line of appeal, the first being the department appellate authority above the designated public information officer (PIO). If an official refuses to provide the information required, a commissioner can fine him Rs 250 per day of delay and a maximum of Rs 25,000, plus ask him to compensate the aggrieved party for loss suffered due to delay.
The feeling is growing among information commissioners that they should move the high court against a recalcitrant official for being in contempt of the commission, which is a quasi-judicial body. But no one has done this yet. On the other hand, an applicant displeased with the verdict of the commission can move the high court. A few instances of this are emerging.
The law has so far been used mostly by government servants seeking information to redress their own service-related grievances. Those seeking to put service-related matters outside the ambit of the law feel that it is currently being misused at considerable public expense and if this continues it will get pretty difficult to run the administration. But this is simply because government servants know best how to work their own system.
In the entire country there have till now been few instances of applicants seeking information related to policy whereas, in the ultimate analysis, the law will be best used if it becomes an aid to improving policy and its implementation.
A big responsibility in this case rests on the shoulders of the media and NGOs, which see themselves as guardians and crusaders for sound policy. Arun Jaitley has sought to use the law to seek information on the role of the CBI over Bofors. There is also a move to obtain information on the exchanges between the then President and the Prime Minister on the Gujarat violence. There should be more such instances.
There is tremendous resistance on the part of the Indian officialdom down the line to parting with information whereas half the job can be done proactively through disclosure typically via websites. Only a fraction of government servants even knows about the Act.
But hope stems from the fact that despite all the interests working against the law, it seems to have tremendous intrinsic power and it’s clearly gaining momentum.
The Government had created an Information Commission too, and had given it enough teeth to justify its formation. But as you could imagine, any good thing is shortlived when it comes to the Indian government. I am sure that in 50 years of extreme incompetence and corruption, there will be a lot of skeletons hidden in any government department's closet, and sooner or later, this act will probably try to tumble them out.
The netas and babus are a strong lobby, and more often than not, they only work for themselves. The Government of India fully agrees, and that is why it has been trying to clip the wings of the RTI act for a while now. The government wants to keep all the personal notings on government files out of the purview of the act, and this act of subversion has been meeting stiff resistance from all and sundry, including the media. Now why would the government want to do that? Well, I dont know, and I can't imagine what are the things that babus and netas keep writing on these files before they send it back into the great circle of red tape. Another less reported news was the government also wants to clip the teeth of the knowledge commission. While it currently has power to act on its own and punish people, now the government wants its role to be strictly that of a consultant.
However, help for the act came in from the most unlikely of places, from Her Majesty! They say that she parlayed against any changes to the act, and the act seems safe for now.
According to a newsitem from Rediff, the government's attempt to curb the act have been on since last year, the same year the act was introduced and passed! Man, talk about short-term objectives.
However, looking at current news stories, the government has said that no such amendments will be introduced in this current monsoon session. This probably leaves the possibility, or should i say probability, of any such amendments being introduced at a later date. Only a few days ago, some MPs from a regional party asking for a Telengana state in AP withdrew support from the UPA, and I expect the government to be busy putting that fire out.
Centre backtracks on Information Act
Official sources said Congress president Sonia Gandhi and Prime Minister Manmohan Singh received many representations against the proposed amendments, aimed at deleting "file notings" from the new transparency regime.
Ms. Gandhi is believed to have advised the Government that there should be wider consultations among the stakeholders before the controversy over the file noting provisions got sorted out.
In the Government's own narrative, "file notings" were never part of the Right to Information Act as passed by Parliament.
In this narrative, neither the Group of Ministers nor the Parliamentary Standing Committee had intended to include the words "file notings" in the definition of "information" given in Section 2(f).
A controversy arose because the Central Information Commission interpreted Section 2(f) to include "file notings." As the Central Information Commissioner, O.P. Kejriwal, told the media in July 2006, "Information minus the notings amounts to taking the life out of the RTI Act."
Mr. Kejriwal's dissent prompted the Prime Minister's Office to issue an elaborate explanation on July 26, 2006. In this it was clarified that even after the amendment the "file notings of all plans, schemes and programmes of the Government that relate to the development and social issues shall be disclosed."
According to officials, it would mean that only a small portion of the file notings relating to "personnel-related matters like examination, assessment and evaluation of recruitment, disciplinary proceedings, etc." was being kept out of the disclosure purview.
Nonetheless, various sections of civil society, as also the Information Commissioners, were not mollified. Social activist Anna Hazare of Maharasthra went on a fast.
The decision to defer making changes in the Right to Information Act is in response to the protests.
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The good news about this whole thing is that public pressure actually seems to be working in India. I haev said a couple of times about how Congress is prone to any kind of pressure, and that due to lack of balls, it can change any stance as long as it feels it is not pissing off the votebanks. So yes, because people are pissed, Ms. Gandhi has realized that touching it would probably be a bad idea. Now you can come up to me and ask, "Yo Vasu, the public outcry has been greater for the government's attempt to divide our economy and our educational institutions into castes, so why doesn't the government seem to be backing down?"
Well, friend, I dont know.
A writer in Business Standard, Subir Roy, says that most of the babus in the governments don't even know how this act works. Accountability never really has been a problem for any government in the country, so its going to take time for the importance and uses of this act to settle in, but maybe the babus and netas can see the writing on the wall that once this happens, their days of corruption, incompetence and lethargy, are greatly reduced, if not over.
Right to information survives
The first attempt to sabotage the Right to Information Act, principally by seeking to keep file notings out of its ambit, has hopefully been defeated. This is unlikely to be the last and huge effort is needed to make the Act work in improving governance.
Eliminating file notings would have effectively killed the Act because the advice tendered and reasons cited for a particular decision are really the substance of the decision-making process. Take away the noting and you can be left with only some correspondence. This is particularly so if an administration, as is sometimes done in Karnataka, follows the “single file” system. Under it, the file itself rather than correspondence moves from office to office and everything is in the notings. Take away the notings and you are deprived of 90 per cent of the information contained in a file.
On the other hand, the knowledge on the part of officials and ministers that what they are putting down can one day become public will likely make people think twice before pursuing a course of action that will not stand up to later scrutiny.
An informal check with several officials revealed to me that they feel the Act can strengthen them in their attempt to resist pressure to give unsound advice. On the other hand, a pernicious practice currently rife is for officials to first “consult” their seniors or ministers and then make notings which will pass muster.
The problem right now is that it is an emerging law and activists feel that the state information commissioners are too soft in the way they are interpreting the ambit of the law. Even they are the second line of appeal, the first being the department appellate authority above the designated public information officer (PIO). If an official refuses to provide the information required, a commissioner can fine him Rs 250 per day of delay and a maximum of Rs 25,000, plus ask him to compensate the aggrieved party for loss suffered due to delay.
The feeling is growing among information commissioners that they should move the high court against a recalcitrant official for being in contempt of the commission, which is a quasi-judicial body. But no one has done this yet. On the other hand, an applicant displeased with the verdict of the commission can move the high court. A few instances of this are emerging.
The law has so far been used mostly by government servants seeking information to redress their own service-related grievances. Those seeking to put service-related matters outside the ambit of the law feel that it is currently being misused at considerable public expense and if this continues it will get pretty difficult to run the administration. But this is simply because government servants know best how to work their own system.
In the entire country there have till now been few instances of applicants seeking information related to policy whereas, in the ultimate analysis, the law will be best used if it becomes an aid to improving policy and its implementation.
A big responsibility in this case rests on the shoulders of the media and NGOs, which see themselves as guardians and crusaders for sound policy. Arun Jaitley has sought to use the law to seek information on the role of the CBI over Bofors. There is also a move to obtain information on the exchanges between the then President and the Prime Minister on the Gujarat violence. There should be more such instances.
There is tremendous resistance on the part of the Indian officialdom down the line to parting with information whereas half the job can be done proactively through disclosure typically via websites. Only a fraction of government servants even knows about the Act.
But hope stems from the fact that despite all the interests working against the law, it seems to have tremendous intrinsic power and it’s clearly gaining momentum.
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