RAMAN SHARMA
Being afraid of the powers of the ordinary Citizens exercised by them under the Right to Information Act, some rogue and corrupt elements along with few most dishonest Baabus' in the administrative set up are now beating their chest and shouting loud (howling) against the RTI users terming the law as full of flaws and a blackmailing tool. These corrupt elements do not leave any stone unturned to defame and sabotage the image of RTI users. Often the pretext of these corrupt mafias is that most of the time the Right to Information Act is being used by the applicants to settle personal scores, harass officers and not in any public interest. It is also said that now a days the only job officers do in their offices is gathering information for furnishing replies to RTI queries, resulting hampering of routine work in offices. However, the activists and intellectuals are not ready to buy this 'Misuse and Blackmailing' theory.
Therefore, countering all these allegations against the citizens and terming them as totally unjustifiable and a smear campaign without any evidence, Daya Sagar, senior columnist on Kashmir affairs and Social Activist says since the state government has done a very little for the promotion and awareness of Right to Information Act despite a lapse of more than 3 years, therefore, there cannot be any denial that some people who do not understand much about this law are not using it properly, perhaps in eagerness they file applications in government departments. Daya Sagar advises that rather than blaming the activist and applicants, there should be proper training for the Public Information Officers, he says a right doing person and officer has nothing to be afraid of Right to Information Act. The Columnist also added that there is already a mechanism of filtration in the RTI Act which empowers the PIO to deny information to an application if found unfit as prescribed in the exemption clause of the act.
RTI Activist/Advocate Vilakshan Singh who had recently played a key role in pursuing the State Information Commission with his legal arguments to declare the Jammu and Kashmir Bank as a Public Authority terms these allegations against the Citizens for misuse of RTI as baseless and result of frustration of the corruption addicted elements, However, Vilakshan said that there is every possibility that some people perhaps because of ignorant of law might not be able to use RTI in a symmetrical way. He also angered on those who are hell bent to malign this movement of the citizens, Vilakshan said if for the sake of argument it is admitted that certain individuals are blackmailing the officers after getting the information then why these officers promote such corrupt people and why they do not approach the police or other law enforcing agencies with a written complaint against the so called corrupt RTI users. He says 'Blackmailing' is a crime in India and if anyone finds himself being victimized he must take a legal action against the criminal.
However, some intellectual do not rule out presence of a few rotten eggs on the other side, Praveen Sharma, Educationist heading a local institute of competitions do not deny some mischievous people might be using the transparency law to grinds their own axes adding exceptions are always there. Asserting that by and large this transparency law is being used for public welfare he also said each individual has his own character. He also requested the Baabu's to change their autocratic mindset and learn behaving in a respectful manner with the people. Sharma objected on terming the RTI Act as a 'Blackmailing Tool' and opined that RTI Act can strengthen bonhomie between the government machinery and the people provided both the people use it with public interest and officers do not see the citizens using RTI as their enemies.
However, the eagerness of the citizens towards RTI, is because of the fact that since these applicants (RTI using Citizens) have witnessed a long era of corruption in the state where they had been compelled to pay bribe for everything, be it to obtain a Ration Card from the Food and Supply Department, a Birth Certificate from a Local Body department, Securing a Date from a government medical institution for a Surgical Operation of an ailing patient, Admission in a Professional College despite a good merit, Bribe to PDD officials for power connection at home, Fetching Drinking Water connection from Water Works Department , Getting the registration number of a Vehicle, availing a driving license from RTO, Availing loan subsidy from a bank, Paying bribe to a Police Wala for registration of a Missing report in case of theft of a Cell Phone or Motor Cycle, Graft to officers for getting own Passport even with all documents, paying bribe to the peon in a Court, Bribe to revenue department officials for getting copies of land records of their own property, Bribe for securing a State Subject Certificate, PRC, Kickback for getting your name registered in a BPL category list or be it getting a Death Certificate of a family member, the innocent citizens were forced to pay bribe to these black Sheeps in white collar for each and everything. And now when the citizens are making them accountable and denying corruption for their justifiable rights, they are being tagged as Corrupt and Blackmailers.
All of us know it that rates were fixed for all the services mentioned above , but, then the voices which are now coming out against the citizens never whispered even a word against these corrupt elements in the system, no one called them blackmailers, Cheats and Criminals but now when after long era of continuous struggle, the state legislatures gave them constitutional right to ask to make the system transparent and accountable, an unnecessary hue and cry is made, every day new rumors are being floated in a well planned manner to sabotage the peaceful revolution of Citizens. Now the crooks and vested interests are raising false alarm and trying to make an environment to depict an ugly image of Information Seekers (RTI applicants).
But is the alarm genuine? There have been incidents where our Honourable Representatives shown on cameras while taking bribe from the people just to raise their questions in the parliament. There is also a recent incident in our own state where the members of a particular party have been expelled for allegedly selling their vote to opponent political party scarifying the fate of their own party candidate but, did we stop paying respect to our honourable elected representatives, of course not. Have the state legislature shown them the exit gate, no, not yet. They are given every opportunity to defend themselves and deliberately time is exhausted to hoodwink the general public. But, still we the ordinary citizens are bearing all the situations with utmost patience and not painting all the legislatures with same brush.
Contrary to politicians and other influential persons , the citizens are easy target. Now see how the real culprits adopt all the tactics to divide the RTI movement in the country and particularly in our state, whenever, an RTI application is made in a department where there are chances of exposures of corrupt practices of politicians, bureaucrats or other Big Wigs, every attempt is made to discourage the citizen making the RTI query. All the characteristics of four point strategy are being exercised i.e. 'SAAM, DAAM, DAND, BEDH'. At the first instance, 'Saam' the process of pacifying the applicant is set in motion and if somehow a person does not agree with their false arguments then they use 'Daam' the process of giving money and luring with other greeds. To hide their misdeeds and truth, the citizen is lured to either withdraw his RTI application or keep silence. In cases Where these black sheep realize that they are unable to buy the honesty of a person then they exercise the third option "Dand". These people do not hesitate to get physical with applicants and to remove these innocent citizens rogue elements go to every extent and can cause physical hurt to the person including taking his life, which we have witnessed in the country where more than a dozen RTI activists have been killed. Last, but the most dangerous tool which these fraudulent people use after having failed in all the three above option is "Bhed". This weapon is used against the RTI users to divide them and to create an atmosphere against them, when RTI people do not succumb to the pressure tactics and other methods of the vested interested then as a part of larger conspiracy against RTI and citizens they start blaming the act and the users.
An artificial impression is being created that now the citizens are not doing anything else but are just engaged in preparing RTI applications for the officers. A false message is being created by the anti- humane groups who at the behest of corrupt lobby are trying their level best to defame the RTI applicants.
Though elsewhere in the Country the Right to Information act (since 12 May/ 2005) during the past 7 years has been able to unearth major scams and corruption related scandals involving trillions of rupees and in state of Jammu and Kashmir RTI Act is just 3 year old crawling baby (since 20th March 2009) which is yet to reach the rural population, but in our state we have already seen an adverse atmosphere against the people using RTI tool and especially against the RTI volunteers and activists. There are number of incidents in our state where the RTI activists have been threatened and thrashed by the goons and criminals in order to desist them from using the Right to Information Act.
I don't feel that the innocent citizens who are asking for information under the Right to Information Act are doing any Sin or committing any unethical trade. The government and establishment must understand that these RTI applications are not merely their grievances put forth, but it is outcome of the stone walling by our administrative set up, the citizens were never given a respectful treatment and now they see RTI as a ventilator to breathe out their anger which was there in their heart and minds for decades.
Through this appeal, I request all the stakeholders to come forward and counter the false allegations against the law and its users because this a beginning to weaken the law and I feel that his conspiracy is deliberately hatched to kill the peaceful movement of the citizens and if we do not resist it now then the citizenry will again be pushed towards stone-walling where everything is kept away from the reach of people.