RTI implementation in India today: Government’s

Assessment

S. K. SarkarDepartment of Personnel and Training

October 12, 2009New Delhi

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RTI: Achievements so far

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Project Background

“To proactively identify the factors constraining the implementation of RTI Act and suggest remedial measures in

order to ensure that the intended benefits of the act are delivered to the citizens”

Objective of the Independent Study

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Survey Methodology

1. Sample Survey in 5 States selected on the basis of literacy, population, income, geographical spread etc. (Uttar Pradesh, Andhra Pradesh, Orissa, Maharashtra, Assam)

2. 6 Districts in each of the States selected through Systematic Random Sampling Technique

3. Sample Size decided on the basis of 95% confidence level:1. Awareness Survey : ~50002. Information Seeker : ~20003. Information Provider : 288

–Only 13% of the rural population and 33% in urban population are aware of RTI Act

–Only 12% of the women and 26% of men were aware of RTI Act

RTI Awareness1

–The awareness of the citizens on their rights as an appellant under RTI, is minimal.

RTI study: Key Observations

– More than 26% of the citizens had to pay more than 3 visits to submit applications and 47% said no sign boards were present to help them with the process.

Convenience of Filing Requests2

– Lack of an updated list of PIOs

– Need for citizen friendly and standardized modes of payment

– Inadequate help was provided to applicants/ non friendly attitude of PIOs

– More that 75% of citizens were dissatisfied with the quality of information provided

RTI study: Key Observations

Large pendency of cases with a wait time of 4-12 months in most of the States

RTI study: Key Observations

Efficiencies at Information Commission3

Limited cases of penalties imposed on PIOs (Penalty imposed was 1.7 % of the cases decided in 2007) as per Section 20(1).

47% of the citizens did not receive replies to their RTI application with 30 days

RTI study: Key Observations

Enhanced accountability and clarity in role at Government level4

– A variance in role/ ownership of SIC and Nodal Department in implementation of the Act

– Inadequate planning at a Public Authority level

– Inadequate processes, infrastructure or resources with the Information Commission

Record ManagementMore than 38% of PIOs stated ineffective record management system for delay in processing43% of the PIOs were not aware of the record management guidelines

Key Observations and Recommendations

Common Infrastructure & Capacity Building5

Training/Knowledge45% of PIOs mentioned that they had not been provided training in RTI Training is limited to the provision of the RTI Act, key aspects related to public dealing, motivation, technology, service levels, etc are not addressed

Usage of Information technologyLack of software application capturing details mentioned in Section 25(3) Lack of software application to improve efficiency at the Information Commission

RTI study: Key Observations

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Recommendations

1. Establishment of RTI as a “Brand” through a mass

awareness campaign

– To take care of linguistic and local relevance,

recommended both at Centre and State levels

– Displays at Information Commissions and PA for

information to citizens’ on their RTI rights

– Awareness initiatives at central and state levels

RTI Awareness1

Improving Convenience in Filing Requests2

6. Defining common minimum payment channels (accessible remotely) and introducing new channels like RTI envelopes and Electronic Payment Gateway

5. Integration of RTI with e-district scheme wherein e-district kiosks can act as APIOs

2. CSCs to be nominated as APIOs and act as application collectors

3. State Governments to accord APIO status to Post offices

4. Creation of RTI Call centers and RTI Portal to accept RTI applications

Recommendations

Improving Efficiencies at Information Commission3

-Hearings through Video Conferencing

–Opening more offices of the Information Commissions in the states (12(7), 15(7))

–Software application for managing the administration, the hearing process and passing of orders to improve the process efficiency

–Passing orders based on the merit of the case

–Usage of standard templates for disposition of case

–Induction period for new Information Commissioners

Recommendations

Enhanced accountability and clarity in role at Government level4

Create an RTI Implementation Cell headed by a senior Officer at the State and Central level.

Create Public Authority’s RTI Cell (PARTI Cell) at Public Authority level

Create Knowledge Resource Centre which will be responsible for Knowledge Management

Recommendations

Common Infrastructure & Capacity Building5

Capacity building for Training/Knowledge Management

Each Public Authority to formulate a RTI Ready Plan

Improve performance levels of PIOs and AAs

Allocation of 1% of plan budget for carrying out the changes.

Record Management Re-organization of record management system to promote information management. A separate study has been proposed to improve the current record management guidelines and make them “RTI friendly”

Recommendations

Institutionalising Third Party Audit 6

Institutionalize annual third party audits to monitor the performance of Public Authorities with regards to RTI Act implementation

SIC websites should have a feedback mechanism through which citizens can report non compliance by individual Public Authorities

Recommendations

Government’s response

1 Capacity Building

Over 90,000 stakeholders trained by various ATIs under the GOI-UNDP ‘Capacity Building for Access to Information’. .

Guides published for various stakeholders by DoPT in Hindi & English and in Regional languages by ATIs.

A Centrally Sponsored Scheme on “Strengthening, Capacity Building and Awareness Generation” launched in November 2008

Government’s response

3 Awareness Generation

Comprehensive RTI Portal (www.rti.gov.in) launched in August 2009

Publicity Campaigns being telecast and broadcast on TV and Radio.

Posters displayed in 35,000 Post offices in Rural India

Online Certificate Course on RTI launched in. It is targeted at all stakeholders and is free of cost to all citizens.

Government’s response

4 Stakeholder Analysis & Systemic Evaluation

Focused group Discussions held with various stakeholders

An Independent Study being commissioned to make proactive disclosures under the Act more effective

Government’s response

5 Agenda Ahead

Legislative initiatives to strengthen RTI Act

Implementation of recommendations of various studies

Capacity building, awareness generation

Strengthening the Information Commissions

IT interventions/ E- Governance on RTI.

Venue forConsultation of Chief

Information Commissioners and Information Commissioners

scheduled for 14th October 2009 at Vigyan Bhawan

shifted to Auditorium, Delhi Sectt

at 10.00 amRegistration starts at 9.30am

Thank You