Information commissions should be like EC: Aruna Roy

FIRST SPOT,

Pallavi Polanki Interview Aruna Roy, Nikhil Dau and Inayat.

Amid doomsday predictions about India's transparency movement, social activist Aruna Roy, an instrumental force behind the Right To Information Act, is fiercely optimistic about its future. Excerpts from a joint interview with Aruna Roy, Nikhil Dey and Inayat Sabhikhi, activists working with the Mazdoor Kisan Shakti Sangathan and National Campaign for People's Right to Information.

 

Q:Information Commissioner Shailesh Gandhi has said that the RTI will be irrelevant in five years. Do you share his apprehension?

 

A:There have been threats to the RTI and people predicting its demise since it was born! No one believed that a country like India, with a notoriously opaque and inaccessible bureaucracy would ever implement a strong legislation like the Right to Information. After it came into effect, no one believed it would work. Its reach and sheer dynamism is truly remarkable, and all of us who worked on the campaign and the legislation, (including Mr. Shailesh Gandhi) should take a moment to acknowledge and recognise the full implications of the change that has taken place. The RTI Act has in fact been protected by citizens across the board like no other legislation so far has been. The campaign certainly needs to keep up pressure to ensure that the law is implemented correctly. However, the fact that some powerful politicians and bureaucrats are so keen to amend and change the law and drive it to the ground, is just one indication of what a formidable force it is and how well it is working to challenge power equations everywhere.

 

 

 

Q:What is your assessment of how information commissions are functioning today? And what needs to be done to fix the problems?

 

A: The first problem is the process of appointments. We still have not been able to institutionalise an effective system for appointment of independent commissioners. The Information commissioners appointed so far have overwhelmingly been former bureaucrats.  Though some of them have re-invented themselves, the majority would still carry former mindsets. Those who have been the custodians of information in an era of the official secrets Act are going to require an extra ordinary change of thought process to become effective information commissioners. The intention of the Act was that people of eminence, from different disciplines and professions should be appointed commissioners, including members from civil society, academia, journalists, lawyers, judges, scientists etc. This is to ensure that the commission benefits from the expertise available in society, and makes governance in India a truly open process.

 

It is not surprising therefore, that there is a huge problem of growing pendency. The Commission was made powerful, not for personal perks, red lights on cars and status; but for ensuring that this would become a powerful commission that could act on behalf of the peoples' interest. They also should play a role in protecting whistleblowers and those who seek information. The information commissions need to redefine themselves the way the Election Commission did. They should realise that no other commission has the power to impose penalties like the information commission does.

The biggest failure of the commissions has been their failure to forge alliances with progressive groups and take on their unwritten but responsibility to be proactive and assertive in favour of transparency. Today, even their own proactive disclosures are weak, and the attempt by Shailesh Gandhi for the commission to have a citizens charter against which  it can be held to account, has failed to materialise.

The situation is even worse in some of the State Information Commissions. Information Commissions are overburdened, understaffed, not given adequate infrastructure to function and their decisions and rulings are being disregarded. It is extremely important that this independent appellate mechanism be allowed/ encouraged/ persuaded to function and operate in the way that it was intended to. Finally, it is not as if the commissions have not performed at all, or not played a useful role so far. There have been many progressive rulings at the Centre and the states which have opened up closed domains of information. However, there have also been many progressive and landmark rulings which have not been implemented properly, or have been stayed in the courts.

 

 

 

Q:What is the biggest threat to the effective implementation of the RTI Act today?

 

A:The biggest threat to the effective implementation of the RTI is the bureaucracy itself and the arbitrary amendments that are being made to it through rules by various public authorities, and through rules and rulings of certain courts to limit its scope. As, Shailesh Gandhi points out, the threats come from all wings of government as well as inefficiencies, pendency and malfunctioning of  some of the Information Commissions. The Chhattisgarh State Assembly for instance has passed an order to increase the RTI application fees to Rs. 500. In Maharashtra, the current Chief Minister has approved the notification of rules that would limit the word count and subject matter of questions that can be asked. Ironically, as Union Minister for Personnel, he agreed to withdraw the same proposed rules in the Central Government. Eternal vigilance is exhausting, but alas necessary! Pessimism comes from expectations that legislations once passed will work magic. Like anything else they need persistence and continual attention.

 

 

 

Q:What are some of the other factors that are threatening RTI?

 

A: The right to access information is revolutionary and has definitely changed power equations because it has transferred the ownership and control of information from the government and agents of the state, to the people. The effect the Right to Information has had in shaking these power structures can be seen by the unfortunate number of attacks on RTI users and activists, as well as regular attempts being made to curb the Act or bypass it. To fight against this, it is imperative that a strong network be created between RTI users, activists, and others who understand the importance of this right across states, who can come together to protect the Act.

 

What we are witnessing in India today is a period of transition when a culture of secrecy is being challenged and we have not yet accepted or shaped a culture of openness.

 

Q:Is it getting more and more difficult to get information out of the government?

A: Because of its revolutionary nature, all manner of tactics will be used to deny information where it must be delivered. There has been opposition to disclosing information of the government from the beginning and in certain cases it is getting worse.

There have also been attempts by government to subvert provisions like section 24 of the Act by placing agencies under blanket exemption under the guise of them being intelligence and security agencies. The placing of the CBI under this exemption by the Central Government is the most glaring example. That too, at a time when the country was demanding independent investigation against corruption, and the central government was claiming credibility for CBI investigations. In other cases like biotechnology, and the nuclear regulatory bill the government is attempting to amend the RTI Act through the backdoor of other legislations. It is regrettable that neither the State Governments, nor the Central Government have seen this as a law that can transform governance even from the point of view of efficiency of the administrator.

 

 

 

Q:What are the positive trends that you see in the RTI movement in India today?

A: There are many positive trends in the RTI today which is what gives us all the energy and sustenance to keep fighting for this legislation and its effective use. In spite of all its shortcomings and attacks from all around, it is being used creatively and effectively across the country. The RTI Act is no longer supported by RTI activists alone.

I went to Manipur a couple of months back where I met the RTI groups and young widows (called "gun widows"), with an average age of 25. I was shocked by the plight of the young women, who cannot access any benefits under any social welfare department scheme because their families have been branded as insurgent. Even so they have been using the RTI to access documents related to the alleged encounters of their husbands and their pension. I was in Kashmir recently and met Basheer who filed an RTI asking how often the Chief Minister of the state used his official helicopter, on what occasions, and at what cost. After the hue and cry about the many inexplicable trips the CM was found travelling by road and tweeting about the RTI effect. 

People are using it to ask tough questions on governance and the use of our public funds. Even the question by Subhash Chandra Agrawal on the Planning Commission toilets needs to be understood as one that allowed us to debate many things including the costs of the toilets, the open access to toilets where a smart card restricts access, the cost of toilets for the poor and the need for proactive disclosure of every paisa of government expenditure.

 

The Act is being used on issues related to day to day administration, it is being used in rural and urban areas. It is part of the methods used by social movements now to access documents, from the demand to know about land deals like the Adarsh scam to the Kudankulam protestors, to those fighting the land and mining mafias. It is a galvanising force that has acquired a momentum that none of us saw coming, and which is going to be impossible to stop.

http://www.firstpost.com/india/information-commissions-should-be-like-ec-aruna-roy-368028.html

Sufi's Interview : ‘People from rural areas are using RTI Act more than the urban population’

Jammu and Kashmir State Chief Information Commissioner's Interview with  Asem Mohiuddin of leading English newspaper of Valley 'Rising Kashmir' published on 02/July/2012.


 After a prolonged successful campaign, J&K Right to Information Act, 2009 was applied to Jammu & Kashmir from 20 March 2009. Similar Act, Central Right to Information Act 2005, has already been implemented in most of India. Many people have voiced apprehensions about the proper implementation of the revolutionary Act in the state.  Dispelling every such notion, Chief Information Commissioner G R Sufi in an exclusive interview with Rising Kashmir reporter Asem Mohiuddin explains various issues, modalities and concerns involving the Act. Excerpts:

Q:    After three years of the implementation of RTI act in Jammu and Kashmir, how do you see its functioning?

A:The Right to Information Act was enacted in March 2009. The act says that after 100 days of its implementation, the public authorities should have suo-motto disclosure of information on their websites to an extent their resources allow them. But due to some reasons, the establishment of the commission got delayed which impeded the full implementation of the act in the state. The commission is mandated to ensure the successful implementation of the act. I took over as Chief Information Commissioner (CIC) on 28th February, 2011 and it took more six months to appoint 2 commissioners. Since September 2011, the institution is functioning fully.
A: The commission is interested to ensure that the law, which is made to disclose the information, is functioning fully. It is one of the revolutionary acts and both the ruling and opposition parties in government emphasized for its implementation. People should be thankful to those people who gave this wonderful act to the state.

Q: How do you see the functioning of commission with respect to the implementation of act?

The act is as powerful as any other act in India. It is 90 per cent based on central law. There are some special provisions introduced on state decisions also.

So far as the progress is concerned, when I came here it was disappointing and frustrating experience. Hardly anybody knew what this act was. The organizations entrusted to provide the information under the act were not aware of it and it was not possible for them to adhere the act in letter and spirit. I decided to be very pro-active to make these officials informed about the act and about its functioning. I engaged Public Information Officers (PIO’s), Assistant PIO’s of the state administration and made them aware about the act.

Civil society and media were also engaged to disseminate the information and publicity of the act among the masses.  It is written in the act that commission should be proactive by engaging every stakeholder like information service providers, applicants and the media to make it familiar. Though there is no significant, but fair response of people to know how to use the act now. Officers also improved their response while providing the information. Overall, in implementation of the act, there is a considerable improvement.  

Q:  In a recent letter to Chief Secretary of Jammu and Kashmir, you disclosed that the highest offices like Chief Minister’s office and the Rajbhawan have not fully disclosed the information on their websites?  

A: It is a partial oversight. We can’t say that the CM’s office or the Rajbhawan has failed to provide the information. Governor’s office has all the information available. The CM’s office also ensures that all the information is provided to the applicants under the act and has placed the PIO’s and APIO’s. Even the lapses in providing the information are also at central level.  

Q:    Most of the government officers have failed to provide the information under the act or to disclose on their official websites. Isn’t this the violation of section 4 of the act, as recently the commission has sent the order to Chief Secretary of Jammu and Kashmir in this regard?

A: Yes, I have ordered the Chief Secretary and asked him to ensure that all government departments display information on their official websites. Subsequently, the General Administration Department (GAD) while taking cognizance of the notice on 27th ordered the departments to display information on their websites and most of them are doing so.

Though there are still some lapses here and there but I hope all departments will comply with the orders. Ours is not a perfect society and we have to give some time to them.

Q:   What is the profile of people seeking information under the act?  

A: In the last 13 months, out of experience, I feel that some retired officials are using the act to seek information from government departments. Even I must say that 20 per cent of retired officials are currently using this act.

 I have recently put this question to some working government officials that they may oppose this act now but after retirement they may need to use it. There is also a good section of down trodden , below poverty line people from far flung areas of Kupwara, Budgam and Baramulla, using the act. Even people from far flung areas of Banihal are coming forward to use the act.

Q:    There are reports that PIO’s and APIO’s are not obeying the act fully and make people suffer in seeking the information?

A: There is no question of not implementing the act by PIO’s and APIO’s in letter and spirit. Commission is bestowed with stringent powers and they can’t afford to disobey the act. In case there is complaint they should simply inform us by sending a letter by post or visit us. We get scores of letters from people to which we respond immediately.

    Q: Can you give us some figures of rural and urban population using the RTI act in state?  

A: I don’t know the exact figure which requires a proper survey. But recently it was disclosed in assembly that 7000 applications were received by the commission. However, I believe people in rural areas are using the act more than the urban population. The commission gets number of applications from rural areas of Budgam, Kupwara and Baramulla.   

Q:    Considering the age we live in, do you believe that RTI functioning should be digitized and online process be involved in filing the applications?

A: The information pertaining to the act is already available on its website which we update with latest orders and decision made by the commission. However, people in far flung areas will be provided the facility to interact with commission by video conferencing from their deputy commissioner’s offices.  We have sent the proposal to the concerned agencies and hopefully would start listening public grievances by this summer through the medium of video conferencing. The proposal in this regard has also been sent to the Chief Minster and we hope it would be approved. But Commission can’t compel the government for such facilities.     

Q:    There are hundreds of families whose sons/relatives are missing after the start of armed conflict in valley. Majority of the families accuse security agencies. Does this act provide any power to such families to know about the whereabouts of missing?

A: The mandate of the act is to provide the information. Section 2 of the act reads that this act is applicable to all the institutions and all bodies established under the constitution of India. However, under section 21 and 23, the act doesn’t apply to some organizations. But these organizations have to be notified by the state government and the notifications have to be placed in both the houses of state.

As far as human rights are concern, the applicant has to file the application before the commission and if Chief Information Commissioner is satisfied that human rights issue is involved then he can ask for the disclosure of information.  If there is the concern of National Integrity and Security, there is total exemption.  

Q:    In the backdrop of your recent historical decision of declaring JK Bank as public authority, the Bank is planning to field the appeal in High Court as they believe disclosing information has various security issues?

A: First of all there is no appeal against the commission, but if they want they have right to move to the court. People have right to know about the functioning of bank. However, under section 8 there are some major issues wherein bank is exempted to provide the information.

 Moreover, it is also to be checked by the PIO to see which kind of information would have security issues in disclosing. But it is not like you can deny all the information of the bank pertaining to public interest.

Q:    How much financial support you receive from government to make awareness among people about the act?

A: We have received enough funds and we are taking up this issue with the government. Under section 23 in the act, the government has responsibility of propagating the act among masses.   

Q:     With the growing popularity of act, it is believed that particular section of people are blackmailing officials and misusing it?

A: If anybody misuses the act, officials shall identify them. The commission has inherent powers though not present in black and white.

Being the highest autonomous and independent body it can investigate if the act is implemented in accordance to the law. Even officials themselves under law can deal with the persons misusing the act. But unfortunately, there are some bureaucrats who have not read the act fully. Even some so called RTI activists also doesn’t know about the act.   

RTI Activists Urge Information Commission to penalize Delinquent Officers

THE NORTHLINES, 02/JULY/2012

Jammu, July 01: RTI Activists and members of the Sangarsh RTI Movement in JK have urged the Jammu and Kashmir State Information Commission to take exemplary action against the delinquent Public Information Officers along with other officials of the bureaucracy who are hell bent to weaken the transparency law. In a joint press note the, the activists with members of the Sangarsh RTI group have expressed their anger and regret, they have said that that in many cases despite proven violation on the hands of Public Information officers, the designated first appellate authority officers do not dispose of the 1st appeals as per the provisions of the RTI Act and deliberately delay the appeals of the citizens.   The activists angered that in a very few cases the citizen-applicants are provided information within stipulated period of 30 days and in more than 80 percent cases the relevant information is provided only after intervention of the State Information Commission. The members said revenue department tops the list of defaulters who disobeys the provisions of the act. Activists demanded maximum punishment against the guilty officers as prescribed under the act for deliberately depriving the innocent citizens of their constitutional right.   The Sangarsh RTI group have also requested the State Information Commission to strengthen its own mechanism in dealing the complaints and appeals because in most of the cases the citizen-appellants are not even served notice of hearing in the commission well in time and the cases are decided without giving any opportunity to the appellant of being properly heard before the commission. Besides others, this joint appeal is made by Sardar Balvinder Singh, Convener Sangarsh RTI group, Dineshwar Singh Jamwal, President, Universal Foundation, Advocate Sheikh Shakeel Ahmed, Advocate Dewaker Sharma, Vilakshan Singh of J & K High Court, RTI Activist Raman Sharma with Deepak Sharma. http://www.thenorthlines.com/newsdet.aspx?q=53564

KASHMIR TIMES, 02/JULY/2012

IMPA conducts program on Good Governance, PSGA

DAILY EXCELSIOR, 30th june, 2012 

JAMMU, June 29: The five-day program on Good Governance and Public Service Guarantee Act (PSGA) sponsored by DoPT, Government of India, which was started on June 25 concluded here today. The programme was conducted by J&K Institute of Management and Public Administration (IMPA) in collaboration with Rural Development. The programme was attended by more than a dozen officers from different departments including Handicraft and Animal Husbandry. The course was conducted by Course Director, Dr Sunita Kaul Zalpuri, Associate Professor IMPA. The course exposed participants to the concept of good governance, PSGA, E-Governance, Right to Information and other issues to meet the contemporary expectations of the citizens. Besides Dr Sunita other faculty members who enlightened the participating officers included Dr RK Hakim, Anil Sharma and RTI activist Raman Sharma. The course also included field visit to Central Jail, Kot Bhalwal, where Rajni Seghal educated officers about Prison administration in J&K. The valedictory function and feedback session was conducted in the presence of Deputy Director, Kusum Sharma and Joint Director, Sunita Anand of IMPA along with course director.

--
Raman Sharma

cell tel: 9796811012

RTI applicants paying Rs 500 for info from Allahabad HC

Business Standard, 22, June,2012

New Delhi :  RTI applicants seeking information from Allahabad High Court are shelling out Rs 500 for each piece of information as the Uttar Pradesh government has not notified reduced fee recommended by the High Court in the Gazette. 

This came to light during a hearing at the Central Information Commission where Allahabad High Court officials conceded that they have reduced the fee rules but the state government had not notified it resulting in continuation of higher fee. According to RTI Act, public authorities can frame rules regarding fee. The central government has fixed Rs 10 as fee for each RTI application but Allahabad High Court and other authorities had fixed huge fee for furnishing of information which came under criticism from the CIC also. Seeing the variance in the fee prescribed by the public authorities, the Department of Personnel and Training had asked the state and central public authorities to review their fee rules and bring them in consonance with the fee prescribed by Government of India. Following the instructions, Allahabad High Court had amended its rules and sent it to the state government for notification which did not happen. "Allahabad High Court had revisited its rules and the amended rules were pending with the Uttar Pradesh government for notification in the Gazette," Chief Information Commissioner Satyananda Mishra observed while hearing the petition by activist Subhash Agrawal. He said although the high court has been reminding the   state government to publish the rules urgently, it is rather strange that the UP government should be taking so much time to publish the same in their Gazette.

HC stays notice to its registry for denying information

Times of India, June 19,2012 

CHENNAI: Citing a Supreme Court judgment slamming misuse of the RTI Act for 'indiscriminate and impractical' information , the Madras high court has stayed a State Information Commission's showcause notice to the high court registry asking why the latter should not be fined Rs 25,000 for failing to disclose the information sought by an applicant.

A division bench of Justice P Jyothimani and Justice MDuraisamy , concurring with the submissions of the senior advocate and former additional advocate-general A L Somayaji , granted the interim relief to the court's registrar-general , against whom the commission had issued the show-cause notice .

P Kalyanasundaram of Pattalam filed an application under the Madras high court seeking a list of all registers , with index or subjects , and copies of all forms and registers being maintained by the high court . The application was made in January 2009 .After the lapse of the deadline for disclosure of information under the Act, the applicant approached the commission which asked the registrar-general to offer remarks . In April 2010, the commission wanted to know action was taken by the high court on the application .In January 2011, Kalyanasundaram complained to the commission and also sought compensation . In May 2011, the public information officer of the court informed the commission that the information was being collated , and in February this year he sought clarification on the demands of the applicant. In May the officer said the request of the RTI applicant was impossible to comply with as he had sought a copy of all forms , ledgers and registers maintained at the high court. On May 23 , the commission issued a show-cause notice directing the registrar-general to furnish the information sought.

Assailing the notice , the high court registry filed a petition , stating that the request of the applicant was not in accordance with the object of the RTI Act. The notice is liable to be set aside on the ground that indiscriminate and impracticable demand made by Kalyanasundaram cannot be acceded to and that it would severely affect the efficiency of the administration ,itsaid .

The judges said : "It is seen that Kalyanasundaram seeks information in respect of each and every aspect without even specifying the instances and every time , application is being filed seeking production of copies of various records." They then stayed the show-cause notice for a period of eight weeks.

http://articles.timesofindia.indiatimes.com/2012-06-19/chennai/32316678_1_rti-applicant-public-information-officer-rti-act

SAVE MY TAWI VOLUNTEERS SEEK MEDIA SUPPORT--GALAXYNEWS, 14,JUNE,2012

"SAVE MY TAWI" Volunteers Seek Media Support

              Youth  Involvement  Inevitable

Notice issued to two for delay in providing info under RTI

PTI | 01:06 PM,Jun 13,2012

Srinagar, Jun 13 (PTI) The Jammu and Kashmir State Information Commission has issued show cause notices to two officers for delaying information to an applicant under the Right to Information Act. "Chief Information Commissioner G R Sufi issued notices to Public Information Officer and Managing Director of the Housing Board, the first appellate authority, to explain their conduct within 30 days," an official spokesman said. Sufi observed that Public Information Officer of the Housing Board was under an obligation to pass orders within 30 days and also provide as much information as he could have deciphered from the application. The Chief Information Commissioner has also observed that the first appellate authority, the Managing Director Housing Board, was under legal obligation in terms of Section 16 of Right to Information Act, 2009, to adjudicate upon the appeal and decide the issue.

Citizens Vow to protect River Tawi: Galaxynews

Galaxynews, 07/June/2012, Jammu

Planning Commission splurges Rs 35 lakh on two toilets!

OneIndia News, June,06/2012
http://news.oneindia.in/feature/2012/planning-commission-spends-rs-35-lakh-on-two-toilets-1013566.html

Sreekumar Narayan

Wednesday, June 6, 2012, 15:53 [IST]

The Planning Commission's definition of poor excludes those earning more than Rs 28 per day, yet it had no hesitation in splurging Rs 35 lakh on the renovation of two toilets at Yojana Bhavan! An RTI reply to activist Subhash Agrawal revealed that Rs 5.19 lakh was spent on installing an access control system in the toilets and a total of 60 officials were issued the necessary smart cards. "Cost of installation of Door Access Control System is Rs 5,19,426 for two toilets. Cost of renovation of two toilets where door access control system is installed is Rs 30,00,305," the activist was informed. Incidentally, the costly door access system had to be disabled within hours as staff working on both the first and second floor of the commission's headquarters raised objections to being kept out of the fancy washrooms. Apparently renovation of two toilets on the RBI side of Yojana Bhavan was undertaken as a pilot project. Three other toilets are to be refurbished similarly. The opposition demanded an inquiry after the media highlighted this on June 6, 2012. Bihar Chief Minister Nitish Kumar and his party the JD(U) strongly criticised the Planning Commission for spending huge sums on revamping toilets.

Since government departments have been ordered to cut down on unnecessary expenditure, the Bharatiya Janata Party questioned the relevance of the much-vaunted austerity drive after the stunning revelations. However, the Planning Commission asserted that only routine maintenance had been carried out. Days earlier, a newspaper had highlighted how the commission's Deputy Chairman Montek Singh Ahluwalia incurred foreign travel expenses to the tune of Rs 2.02 lakh per day between May and Oct 2011. Another report said that he undertook 42 official trips, aggregating 274 days, between June 2004-January 2011 at a cost of Rs 2.34 crore. When various editorials about these staggering figures appeared, Ahluwalia claimed that foreign travel is necessary for discharge of official duties. The Planning Commission's extravagance is particularly shocking given the controversial poverty line estimates it came up with twice. First it said that if an individual is earning more than Rs 32 each day, he or she does not fall in the BPL category. It later revised the figure downwards. 

The commission seemed to be oblivious of the fact that millions of Indians cannot manage even two square meals a day despite their best efforts. This is a country where thousands still defecate in the open as there are no toilets nearby. Pathetic ignorance of the ground realities is not expected from the panel that is supposed to formulate policies for our collective welfare. The Planning Commission's members must descend from their ivory towers and look at the example set by one of the world's richest persons. During his recent visit to India, Microsoft founder Bill Gates said that he is searching for "a cheaper alternative to the flush toilet that does not require running water, has smell characteristics better than the flush toilet and is cheap." Averring that no innovation in the last 200 years has saved more lives than the toilet, he rued that 2.6 billion people across the world still don't have a safe "affordable way to poop". Bill's dream of an inexpensive and non-polluting toilet is similar to the one of Bindeshwar Pathak who devised the Sulabh toilets. The latter has already made a significant contribution in eradicating the abhorrent practice of human scavenging. If the planners emulate these two individuals, the entire nation will benefit. Alas, they haven't shown any such inclination so far.

http://ibnlive.in.com/news/plan-panel-raises-stink-over-toilets-worth-lakhs/264673-3.html

RTI activists face shortage of IPO-NORTHLINES

NORTHLINES, 02/JUNE/2012  http://www.thenorthlines.com/newsdet.aspx?q=52612

Jyoti Sangral  

Jammu, 

While government is claiming that efforts are being made to create awareness about the Right to Information (RTI) act across the state, information seekers here are facing the shortage of Indian Postal Orders (IPOs) mandatory before filing their applications under the Act. 

As per the procedure, one has to deposit a fee with an RTI application to get the required information from the department concerned. But in Jammu, many of the post offices have no stock of these IPOs each costing Rs. 10, which are fixed with the application. In many cases officials at the post office are not even aware about the RTI Act and how an application is filed.

"The IPOs of Rs. 10 have been out of stock for past few weeks. Despite several requests, we have not yet got the supply. Number of people daily return empty handed," said the official of India Post. 

An RTI activist, Amit Sharma alleged, "The public is facing hardship in filing applications, as the IPOs are not available in the post offices and those seeking information have to go to banks for getting drafts to seek any info". 

He added that the IPOs, which are the best and the cheapest method to seek information under the RTI Act, should be provided to the people. 

Many of the activists who want to get information from the departments alleged that the process of getting info is also quite cumbersome and at times they have to wait for months together to get data. 

RTI has assumed great significance in the present scenario in the country. Although the Right to Information Act, 2004 has provided an window of opportunity to the people to get information about the working of the government agencies, but still much more needs to be done in the interest of the people in Jammu and Kashmir. 

"The act has power and potential to introduce serious accountability and transparency into the system. It has its own legitimacy in the disposal of public grievances, but government needs to provide necessary tools to the masses", said an activist Lalit Kumar. 

Though J&K was first state to introduce the act but it is still lagging behind in the implementation of RTI, mainly due to the lack of awareness among the masses. 

As per the data so far nearly 7000 applications have been filed by various organisations and individuals in different departments in the state. 

Marks Obtained in CBSE Exams Cannot be Given Under RTI: Court

The Hindu, 28/May/2012 

New Delhi, In a significant ruling, the Delhi High Court has held that marks obtained by a student in CBSE board exam cannot be revealed under the transparency law as it would "defeat" the purpose of the new grading system.

The court set aside the verdict of a single judge bench and the Central Information Commission, which had asked the Central Board of Secondary Education to reveal marks obtained by a girl in her Class X board examination in 2010. 

"We are unable to agree; we feel that the CIC as well as the learned single judge, by directing disclosure of 'marks', in the regime of 'grades' have indeed undone what was sought to be done by replacing marks with grades and defeated the very objective thereof. "The objective, in replacing the marks with grades, as can be gathered from the documents on record, was to grade students in a bandwidth rather than numerically...," a bench of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw said. Writing the judgement, Endlaw said the details of marks, obtained by the student in 10th board, cannot be termed as an "information" under the Right to Information Act as its disclosure would defeat the policy of awarding grades instead of marks. Allowing the plea of CBSE, it said "no weightage can also be given to the plea of respondent (girl's father) that the marks even if disclosed would not be used for any other purpose. "The possibility of respondent and his ward, in securing admission and for other purposes, using the said information to secure an advantage over others cannot be ruled out." The apex transparency panel had allowed the plea of the student saying "since, the marks were available with the appellant (CBSE) and since none of the exemptions under the RTI Act were attracted to support the non disclosure thereof, the appellant was bound to and directed to provide the information sought." Aggrieved by the order, CBSE appealed to the single judge bench of the High Court which upheld the order of the CIC. The CBSE then filed an appeal against the order before a division bench which allowed its plea that disclosure of the marks would dilute and defeat the grading system. "We have already held above that disclosure of marks, which though exists with the appellant would amount to allowing play to the policy earlier prevalent of marking the examinees. Merely because the appellant/its examiners for the purpose of grading, first mark the students would not compel this court to put at naught or to allow full play to the new policy of grades," it said. Anil Kumar Kathpal, the father of the girl, had sought the details of the marks saying "this information will help me to identify her weak areas in studies and take timely action, so that she can pursue her career after Class XII."

RTI reveals Rs23 crore spent by Navy on Presidential Fleet Review 2011

Moneylife, May 23, 2012 

New Delhi: A RTI reply from the Navy Headquarters to Delhi-based activist Subhash Agrawal has revealed that more than Rs23 crore was spend on the event which took place on 20 December 2011

The President's Fleet Review (PFR) 2011, held off the Mumbai coastline, cost the Navy whopping Rs23.24 crore, a Right to Information (RTI)application has revealed.

As the president of India is the supreme commander of the armed forces, he/she is entitled to inspect his/her fleet. PFR is a traditional assembly of ships, submarines and naval aircraft (in a fly past) at anchorage, according to India Strategic. It is held once during the five year tenure of the president.

Delhi-based activists Subhash Agrawal had filed a RTI application with Navy Headquarters seeking total expenditure for the PFR 2011. It was revealed that more than Rs23 crore was spend on the event. This included expenditure under various heads such as repair of submarines, hiring of vessels, transport and casual labour; maintenance of marine assets, repair and refits of aircraft related stores, etc. 

Mr Agrawal also sought information on places renovated and/or newly built for PFR 2011 along with budgetary allocation and cost involved on each of such project renovated and/or newly built. 

In reply to this RTI query, Navy HQ furnished the list of such long-term infrastructure development which together cost Rs11.67 crore. Some this includes Rs1.32 crore spent on external painting of buildings and rooftops and repair of buildings; 
Rs1.2 crore spent on relaying roads; Rs41 lakh on the special repairs to the road from Afghan Church to RC Church (near Navy area); Rs27 lakh for the special repair to heritage wall at INS Angre; Rs8 lakh on display board on main roads; Rs49 lakh spent on special repairs to external services and rain beating wall of certain at VIP roads and procurement oflight fittings and cable, refurbishment of tower, street and security lightsamong others.

The RTI reply also stated that Rs26.96 lakh was spent to buy new furniture, including 30 dining tables and 60 dining chairs, furniture for VIP lounge and for cabin staff. To the question on how much cost was involved in catering for the people involved in the fleet review along with tendering process followed in providing contract for catering, it was revealed that together Rs19.68 lakh was spent on the catering. Of this, Rs17.57 lakh was spent on the catering for presidential banquet involving 960 people while Rs2.11 lakh on catering for the presidential yacht/ship involving 750 people.According to PTI, President Pratibha Patil, undertook the fleet review on 20 December 2011, in which she took salute from a flotilla of 81 ships, including four submarines and 44 aircraft of the Navy and the Indian Coast Guard.

http://www.moneylife.in/article/rti-reveals-rs23-crore-spent-by-navy-on-presidential-fleet-review-2011/25882.html

"Mughal-e-Azam"

Half   Century   Old… Yet Relevant   !

By: RAMAN SHARMA  

5^th August 1960, the Indian film industry enthralled with a never dying spring. Mughal- e-Azam,  Karimuddin Asif's   inspiration released in  Indian theaters entertaining  with a blend of  romance and war, nationalism and loyalty , beauty and boldness, politics  and revolt, music  and muscle, secularism and diplomacy, culture and ego, respect and anger.  It was the first highest budget movie of its time ( Rs. 1.50 Cr.) and it took K. Asif almost 8 years to make this vision into a reality. In decade of 60's when cost of movie making was not higher than Rs.  15 lac, Mughal-e-Azam was made at 10 times costlier. Before the release there was lot of anxiety about the box office response to the movie and it was not only Asif but the entire team of Mughal-e-Azam that deserve all the applause for this wonderful creation and no word of praise are sufficient to define this great inventiveness.  Though K. Asif wanted to make the whole film in color version but because of many reasons could not do it.

5^th August 1960, the Indian film industry enthralled with a never dying spring. Mughal- e-Azam,  Karimuddin Asif's   inspiration released in  Indian theaters entertaining  with a blend of  romance and war, nationalism and loyalty , beauty and boldness, politics  and revolt, music  and muscle, secularism and diplomacy, culture and ego, respect and anger.  It was the first highest budget movie of its time ( Rs. 1.50 Cr.) and it took K. Asif almost 8 years to make this vision into a reality. In decade of 60's when cost of movie making was not higher than Rs.  15 lac, Mughal-e-Azam was made at 10 times costlier. Before the release there was lot of anxiety about the box office response to the movie and it was not only Asif but the entire team of Mughal-e-Azam that deserve all the applause for this wonderful creation and no word of praise are sufficient to define this great inventiveness.  Though K. Asif wanted to make the whole film in color version but because of many reasons could not do it.

             

The movie not only did a never expected business but gave the Indian cinema a new target. It instigated the creators to believe in themselves and to realize them that they can also make their dreams come true. It took the Indian cinema industry to new heights. Perhaps inspired from Asif 15 years later   Ramesh  Sippy dared Amithabh and Dharmindera starrer "SHOLAY" which was also a very expensive movie of that time and fortunately it was also a great formation and success.  

Mughal-e-Azam, in the entire movie there is no dearth of hard work and creativity even in a single shot. Each artist in the movie (must say epic) not only do justice with his/her character but also relate himself with the original personality.  Be it Prithvi Raj Kapoor in the legendary role of Badshah Jalaluddin Mohammed Akbar, Dilip Kumar as Shehzada Nooruddin Mohammad Saleem, beauty queen Madhubala as Anarkali, Durga Khote .as Empress Jodha Bai, Nigar Sultana as Bahar, Ajit as  Durjan Singh, Murad as Raja Mann Singh,  M. Kumar as Sculptor Sangtaraash or Sheela Delaya ...  as Suraiya, Anarkali's Sister. The back screen crew of the movie such as director,   dialogue writer, music department , special effect,  play back singers, sound recorders and wardrobe department everyone did an outstanding job.

Now even after 50 years later the love and passion for this great Indian classic have not been obsolete and Mughal-e-Azam movie is still much young and relevant.  in 2003, four decades later When Asif's son Akbar Asif made father's  dream come true  with the help of latest technology Akbar Asif  gave colors to the Mughal-e-Azam, and this colored version of Mughal-e-Azam again did the same magic and the movie was a great hit again.

Can anyone imagine that when Bollywood analysts say that it is only the first weekend of any movie that decides the fate of the movie both commercially and otherwise, a movie even after 50 years doing an extra ordinary performance and attracting audiences of every age?  The colored version of this historic movie was able to stand in theaters for many weeks together. Mughal-e-Azam attracted audiences of every generation.

The writer (he born two and half decades later than the release of original Mughal-e-Azam) himself viewed this wonderful portrayal of romance in colored version at least 12 times, though he was/ is not an often theater visitor. Obviously  it is the relevance of the movie that keeps inviting its audience again and again. I must bet that no spectator can afford to watch this movie just once, there will be obvious insistence from within that will take him to view it repeatedly. It is not to say that now there are no creative artists and film makers in the Indian film industry, the Bollywood continues to entertain India and the world. There have been so many super hit movies after Mughal-e-Azam that were perhaps able to  do much more business and also  earned lot of appreciation from the critics but the charm and heights of this historic epic is still intact. These hit movies  have a significance and relevance for a very short period of time and then after people even forget the names. Those who have not seen this wonderful depiction of a dream must go and watch this movie at least once, it's not just a movie but of course a source of learning. Everyone can relate himself/herself with the movie be it a lover, mother, father, son or a king. The movie offers something for everyone and I wish if such movies could be made again. No one will ever   KNOW that why even after half century, the relevance of  Mughal-e-Azam is notdiminished yet?