Denial of information to attract fine for officials

The Right to Information Act 2005 has been operative since October 12 this year after both Houses of Parliament cleared it.

The Act is being seen as a major step towards "transparency" and good governance. It derives its base from Article 19 of the Constitution, which guarantees the Fundamental Right to Expression.

While in Maharashtra, Delhi and Rajasthan, state-level laws have been in place for some time, the central legislation is expected to cover more ground.

The idea of applying to a government office to get the desired information for a small fee (certainly not a bribe) is a powerful one to finally have something that will make the unyielding officialdom accountable to every one.

And, if an official denies you information, not only does he have to give an explanation, but if proven wrong, he will have to pay a fine at a rate of Rs 250 per day for the number of days he made you run around. It is certainly a powerful idea for a democracy where official apathy is synonymous with governance.

The central RTI Act gives structure to this idea.

There will be a structure of state and central information commissioners with quasi-judicial powers to oversee the implementation of the law. Every district in the country will have to appoint a public information officer ready to relay information to applicants.

Every government department and even institutions which are supported by the government "" no matter the degree of support "" are open to scrutiny under the law.

Admittedly, a whole lot of them, including the police, are exempt under this law because they are covered by the Official Secrets Act. But, if an applicant can prove that the information sought has relevance in a human rights abuse case or a grave corruption case, even these departments have to give information.

The Act begins with an exhortation to all departments to update their records because denying information, even on the excuse of not possessing it, may invite censure. According to a study conducted by the Delhi government, 60 per cent of all requests for information are of personal nature.