Transparency
in the affairs of the State is very important. In democracy,
people are supreme. Sovereignty lies ultimately with them.
They are the decision makers. They send their representatives
to govern them. In a democratic set-up, the citizens as
taxpayers and beneficiaries of the welfare programmes
have every right to know about each and every public transaction
that is meant for them. They are entitled to learn how
their money is being spent. Their participation is a 'sine
quo non' for the real success of democracy. This is possible
when the information can be accessed by the people. A
special legislation had to be framed to prevent governments
from hiding information etc. It is a known fact that 'Secrecy'
facilitates the practice of corruption while 'transparency'
prompts and promotes fairness and accountability. Thus
the 'Right to Information' is an effective tool in the
hands of citizens and a powerful means to contain deep-rooted
corruption in Government Departments. Access to information
instills confidence in people, enhances their trust in
Government and encourages them and Civil Society Organisations
to participate in the democratic decision-making process.
The mushrooming hazardous industries that emit toxic pollutants
into the surrounding environment have a dreadful impact
on human health resulting sometimes in instant deaths.
The people have every right to know the probable industrial
toxic emissions that are likely to have an adverse impact
on their lives and to take precautionary measures in cases
of untoward incidents if any. This can be possible only
when they have access to information.
For
Governments, sharing information is not an easy task.
Both external and internal pressures have their influence
in adoption of laws related to right to information worldwide.
International bodies such as World Bank and International
Monetary Fund made financial transactions of the Governments'
more accountable. Anticorruption campaigns by Civil Society
Organisations, Media and Environmental groups, rapid emergence
of Internet also have their respective roles in this gigantic
task. At present, approximately 70 countries in the world
have enacted the Right to Information laws enabling access
to records of Governments and another 50 countries are
in the process of evolving the same.
The
'Information access law' had its birth in 18th century
(1766) in Sweden, when Government records were opened
to public for the first time. The international instruments
that recognised the right to information are, Art.19 of
the Universal Declaration of Human Rights; Article 19(2)
of International Covenant on Civil and Political Rights
(ICCPR), Article I, II of UNESCO Declaration; and Articles
10 and 13 of UN Convention against Corruption. It is also
recognised in some regional human rights treaties like,
European Convention of Human Rights 1950, African Charter
on Human and Peoples Rights 1981, Inter American Declaration
of Human Rights, Principle III of the recommendations
of the Council of Europe. The disclosures of toxic emissions
were made mandatory by most of the industrialized nations
in their environmental protection laws throughout the
world as a result of International legal instruments.
Article 4 of the 'Aarhus Convention' (UNECE Convention
on Access to information, Public Participation in Decision
making and Access to Justice in Environmental Matters)
1998 allows citizens to demand environment related information,
including documents. Principle 10 of the Rio Declaration-1992
(UN Conference on Environment and Development) also influenced
nations to adopt information access and participation.
In
India, the judiciary interpreted the right to information
to be implied and to be a part and parcel of Article 19(1)(a)
in various judicial decisions like, Secretary, Ministry
of I&B, Government of India Vs. Cricket Association
of Bengal (1995); Bennet Coleman Vs. Union of India(1973);
State of Utter Pradesh Vs. Raj Narain (1975); S.P.Gupta
Vs. Union of India (1982); and also in a recent case,
Peoples Union for Civil Liberties Vs. Union of India (2004).
Activities of several voluntary organizations/NGO's like
'Mazdoor Kisan Shakti Sanghathan' (MKSS) of Rajasthan,
'Lok Satta' of Andhra Pradesh also led to the emergence
of right to information in India. A full-fledged central
legislation on Right to Information came into force w.e.f.
12th October 2005. This can be considered as one of the
landmark legislations in India, which placed it at par
with the more evolved democracies of the world. This Act
excludes certain categories of information relating to
defence, contempt of court, breach of legislative privileges,
note files of the departments in the Government, cabinet
papers, etc. The Act also excludes certain organisations
such as Intelligence Bureau, Research and Analysis Wing,
and other Security, Paramilitary forces of Union Government
from disclosing information. The 'public authorities'
are under the obligation to provide information as per
the provisions of Indian Right to Information Act-2005
but the private authorities are exempted from disclosing
information.
This
book on 'Right to Information - Indian and International
Perspectives' contains twelve articles that examine the
legal bases of Right to Information, importance of information
literacy, role of libraries in promotion of Right to Information,
Official Secrets Act 1923, constitutionality of R.T.I.
Acts of State Governments and the disclosure of environment
information by Governments and industries respectively,
impact of R.T.I. law in banking sector etc., are also
elaborately discussed.
The
article "Legal Foundations of Right to Information:
An Overview" by V Nageswara Rao and K V S S Janardhanacharyulu
examines the legal bases of right to information both
at national and international level and judicial decisions
that facilitated 'Right to Information'. Conceptual distinction
between freedom and right, right of the citizens to know
and the duty of disclosure of the Government are critically
examined. The authors elaborately discuss the much controversial
exceptions of R.T.I., i.e., 'file notings', 'cabinet papers'
and insist upon including non-governmental institutions
under the purview of Act. They plead for transparency
culture abdicating the secrecy culture.
K
G Shankar and A Krishna Kumari in their article "Right
to Information - Constitutional Guarantee: The Need to
Repeal Official Secrets Act, 1923" examine the constitutional
validity of the Right to Information Acts made by the
State Governments as they contravene the R.T.I. Act-2005
of the Union Government as it is having the residuary
power to enact on items not stated anywhere in any of
the three lists of VII schedule. It also examines the
relevance of the Official Secrets Act 1923 and the desirability
of its repeal in the present context, i.e., after the
enactment of Right to Information Act 2005.
The
article "Right to Information, Information Literacy
and Libraries" of R Raman Nair points out the strategic
errors being committed by the modern democratic Governments.
The author further opines that the Governments must first
focus on 'information literacy' activities, which is a
prerequisite for the realization of the Right to Information
both in letter and spirit, in this information and communication
technology era. The author is of the firm view that integration
of library system for promotion of Right to Information
is the only way out for effective realization of R.T.I.
In
the article "To Strengthen Access Process - Remove
Nine Obstacles" by Madabhushi Sridhar, the author
expresses his displeasure over the faulty implementation
of the Right to Information Act and his suggestion to
do away with the hurdles to strengthen the existing access
process for the real success of Right to Information both
in letter and spirit. Some of the important hurdles include,
lack of requisite man power, financial resources, weak
Public Information Officers, high fees, 48 hours time
limit for information disclosure relating to life and
suggests certain remedial measures for strengthening the
access process like, review of implementation of S-4,
setting up of peoples cell in commissionerates, affordable
fee and reduction of 48 hours time limit to 24 hours for
giving information pertaining to life and liberty, etc.
V
Gopala Krishna and Phani Ratna Surampudi in their article
"Bank Secrecy Now in Glass Locker - Information Law
Holds the Master Key!" discuss the impact of Right
to Information on public sector banks, their secrecy obligations
in day-to-day banking transactions in the light of Right
to Information Act 2005, especially the legal implications
of S-22 of R.T.I Act and its overriding effect on secrecy
obligations of bankers. The authors in this article express
their concern over the adverse impact of R.T.I Act on
banking activities, like, chances of misuse of proactive
disclosure, trade secrets disclosure, weak immunity to
the Public Information Officers in cases of discretionary
disclosures. The authors propose a separate legislative
framework for banking sector and to bring private banks
under the purview of R.T.I Act.
"UNDP
and the Right to Information" is a report of the
seminar held at Oslo Governance Centre, Norway. It briefly
examines some of the vital issues like, how R.T.I. takes
care of the poor, marginalized groups, women. Experience
in Norway is very well elucidated in this article. It
also discusses as to how the right to information can
become a reality for the poor in rural areas is well illustrated
by the 'social audit' in Rajasthan in India, and the role
of various players like, media, civil society etc.
Ben
Hayes in his article, "The Right to Know or the Right
to Try and Find Out? The Need for an EU Freedom of Information
Law" expresses his grave concern over the 'too many
exceptions' that are allowed under the existing few information
access laws in EU countries. The author further highlights
the importance and working knowledge of the 'Schengen
Information System' (EU law enforcement database) which
he opines is a must to have comfortable access to the
existing documents.
The
article "Information of Freedom - An Inverted Look
at Access Laws in Contemporary Democratic Society"
by Paul Chadwick critically examines the present perspective
on the access laws, and its difference from the earlier
traditional approach. It explains the access laws, privacy
laws and further points out how privacy is different from
secrecy and confidentiality. It further dubs the information
laws as "refreshing freedom" with a telling
phrase 'nothing to hide nothing to fear' and with adequate
illustrations. The author talks about the responsible
role of Information and Privacy Commissioners in promoting
awareness in the present day world.
Peter
H. Sand in his article "The Right to Know: Environmental
Information Disclosure by Government and Industry"
highlights the importance of disclosure of industrial
toxic emissions affecting both health and environment
of the individuals. The author describes the international
initiatives like, Green House Gas Protocol Initiative,
etc., and other measures taken on environmental information
disclosure in various countries across the globe including
setting up of Pollutant Release and Transfer Registers
in Australia and Canada, Securities Exchange Commission
filings in USA, etc.
Opining
that functioning of the laws is more important than mere
enactments. Johan Lidberg in his article "Freedom
of Information Banana Republics and Freedom of Information
Index" evaluates the working of Freedom of Information
laws in five countries USA (N. America), Sweden (Europe),
Australia, S. Africa (Africa) and Bangkok (Asia). The
author had undertaken a research project and devised a
common 'Freedom of Information Index' by observing certain
parameters. The author concludes that the two major FOI
systems, i.e., Sweden and USA have two divergent paths
as far as Right to Information is concerned. He further
reveals that Australia's position is worst with very low
scores showing its dysfunctional status and the gap between
promise and fulfillment is less for Sweden, Australia
and the same is greater for USA and S. Africa.
The article "Evolution of Freedom of Information
Related Law in Spain: New Prospects for a More Open Government"
by Jose Angel Martínez Usero analyses all the preexisting
laws right from 1978 till 2006 dealing with the right
to information and expresses his concern for not having
an exclusive law to the same effect in Spain. The importance
and need for information access in the modern society
is elucidated well in this article.
David Banisar in his article "Comments on Legal Regulations
on Access to Information and State Secrets in Albania"
acknowledges that there are weaknesses both in the secrecy
laws and information access laws and expresses his concern
for the same. The author succinctly discusses Albania's
present system of information access, enumerates state
secrecy laws, its classification and provides non classifiable
category of information, the law dealing with official
secrets category and criminal code.