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An act disabling an Act

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ARUNA ROY Posted: Jul 22, 2006 at 0302 hrs IST
Related Stories: Antulay tables virtual ATR on Sachar panel CIC asks for info on PM’s Relief FundNo RTI signboards yet in Jharkhand, CIC fumesSubsidiary of public authority comes under RTI Act: CICSeeking opinion or advice is not information, says CICFiling RTI applications to become simpler
If the people of this country wanted to know what it would mean to have a right to information law amended as per the reported cabinet decision, questions about how this decision came about would provide enough of an answer. How did this come about? “Secret” Who suggested it? “Secret” When was it suggested? “Secret” Who opposed it? Who supported it? What were the reasons? Was any one consulted? What was their opinion? Secret! Secret! Secret! Secret! The term used might not be ‘secret’ but ‘‘the information you have sought is barred from disclosure’’ or some other better camouflaged euphemism. The people of this country will continue to be served with policies conceived secretly, implemented without warning, and with potentially far reaching consequences on their lives.

And because no one will ever know “who did it” - the guilty will get away.

All through the debate about the contents of the Right To Information Act, the greatest weapon the babus had and used to fight it was to make secret moves, while hiding behind the garb of bureaucratic privilege. The supporters of secrecy cannot argue in an open public domain. That is why we have now been presented with a decision that will protect them in perpetuity.

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At least two of the proposed amendments will permanently shield the bureaucracy from accountability, the disinfectant power of transparency and allow them to function in an arbitrary manner. They will also shield the corrupt and deal a body blow to the efforts of people to fight corruption and the arbitrary exercise of power. Both these amendments relate essentially to the process of decision-making. The first one is to make file notings a category of information that can be concealed. In one stroke the bureaucracy will have managed to disable the Right To Information Act as far as its own functioning is concerned. The second relates to barring access to cabinet notes even after the decision making process is complete — putting the decision-making process of cabinet decisions into a permanent black hole.

For the Indian citizen, it is the process of decision-making that is of crucial importance. The Right To Information Act has been widely welcomed by almost everyone except the hidden beneficiaries of secrecy. It is being used, and has begun to breathe fresh air into our democratic participation. There have already been unique citizens campaigns for implementation. Those who are threatened by this have waged a relentless battle behind the scenes to reverse the flow of power to the ordinary citizen. This is a battle concerning democratic power to the people and ethics in governance.

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