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  Thursday, 03 July 2008      
 
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Op-Ed (Hindustan Times): No room for marginal error Print E-mail

Source: KangaOnline
http://www.kanglaonline.com/index.php?template=headline&newsid=1371&typeid=0

Amidst yet another strife torn week, or rather a burning week – burning of office buildings, vehicles, files, effigies, etc and the ineffectual handling of the situation arising out of these, the one act of the SPF government which should have earned it a pat in the back, was the appointment of RK Angousana as the Chief Information Commissioner of the state. A welcome step towards the full implementation of the Right to Information Act (RTI) 2005. The fact that this appointment has come after more than one year had lapsed from the date of enactment of the RTI Act 2005 in Parliament, would suggest that the government is not overtly enthusiastic about the Act and is not in immediate hurry to implement the same. But reminders from the media on the need to implement the Act in spirit and letter, as also the gentle prodding from the state Governor, Dr. S. S. Sidhu must have helped the SPF government in making up its mind.

The RTI Act, as many would argue, is not a panacea for all the ills afflicting the state. There are limits beyond which one cannot ferret out information, like information which is deemed as concerning the national security etc. In a conflict zone like Manipur there is every likelyhood of invoking this particular clause when it comes to information related with the doings of the armed forces. But even within its limited reach and coverage, the Act should be able to bring in some semblance of transparency and accountability, two very significant aspects of governance, aspects which one rarely has had the good fortune of encountering in this part of the world. Every appointment made, every contract given, in most cases than not, is suspected to be the result of bribery and/or coercion. In such a scenario, if the general public is given access to all the relevant information leading to a decision being taken – what exactly was the decision and more importantly, how was the decision arrived at, would act as a deterrent against unjust and unfair decisions. And in case a wrong or unjust decision is made, laying the documents bare would help expose the person or persons responsible for such a decision, making it hard for anyone to shirk accountability for their acts of omissions and commissions.

One aspect of the RTI Act 2005 which has become contentious is the disclosure of ‘file notings’. According to the interpretation of the Central Information Commission (CIC), the right to information also includes the right to access the ‘file notings’. But such an interpretation is hotly contested by sections of the bureaucracy. Many who are against the inclusion of ‘file notings’ under the purview of the RTI Act 2005, argue that it would hamper the decision making process and would inhibit officials from making frank and objective suggestion in writing. So strong has been the opposition from the Department of Personnel and Training (DoPT) – the nodal agency for the RTI Act, to disclosing ‘file notings’ that despite the interpretation of the act by the CIC in the matter of file notings as also the CIC’s ruling in specific cases, the DoPT still holds the file notings secret and has posted so in its website. Many government department have refused to part with ‘file notings’ citing the DoPT’s website posting. The union government, in the wake of protest from the public, has shelved the amendment to the RTI Act 2005, which would have prohibited access to ‘file notings’ but its various departments seem to be oblivious to it. If the union government is genuinely convinced of the desirability of including ‘file notings’ to make the RTI act 2005 truly effective, it should instruct its departments accordingly. The various department should accept the interpretation of the CIC once and for all, making it rule time and again in favour of disclosing “file notings’ would make a mockery of the RTI act 2005. For, ‘transparency and accountability’- the twin pillars of this act, or the very soul – as some advocates of this act would call it, should override all other considerations if the RTI act is to truly empower the general public.

Coming to Manipur, how seriously the SPF government or for that matter any government which comes after it, will commit itself to making the State Information Commission effectively, is something one can only wait and watch. The way the Manipur Human Rights Commission is languishing and the growing frustration of Justice Shishak, made explicit in his outpourings against the state government on occasions does not make of good foreboding. But let all forebodings go wrong, let’s bring in some ‘transparency and accountability’ in governance. Let the working of the government be an open book, let everybody see for themselves who is responsible for impeding progress and development. Any listeners around?

 
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