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Right to Information - Indian and International Perspectives
Overview

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.

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