Anna Hazare now has undertaken a march through rural Maharashtra from 14^th September 2006 to 9^th November 2006 to present to people the context of the Right to Information Act and how it can empower our citizens. His message is presented for our readers.

Beware, Danger to democracy is lurking, Keep vigil and be ready to fight second War of Freedom
Britishers enacted, "The Official Secrets Act 1923" to systematically loot India. This law of Secrecy became major enemy of democracy and while snatching away freedom from people, it became a weapon in handful officials with power to inflict atrocities on citizens. This Act should have been scrapped or drastically pruned on 26th January 1950, the day, we celebrated free India's first Republic Day but unfortunately even after 59 years of Independence this Act is very much in full force. In the state of Maharashtra, .Several activists had to struggle hard to protect citizens from social injustice by forcing government to enact new laws of right to information, enhanced powers for Gram-Sabha, removal of administrative delays and laws regulating transfers of Government servants

Right to Information Act did not remain limited only to the state of Maharashtra, but it became Law for the entire Nation and citizens started experiencing new found freedom by reaping benefit of this law. However this new law started pinching few people in government and under the garb of improving the law, they plotted to take away freedom of people. Fortunately the calamity has been temporarily averted, but the situation calls for alertness on the part of citizens, as the danger of sabotage is still lurking.

Dangerous changes that were projected in the Act
The Central Government contends that the Act of 2005 was enacted without provision for making the file notings available to citizens and that the government now intends for the first time to incorporate the same in the Act.

Factual position
Information has been defined in Sec 2 (f) of the Right to Information Act 2005 and it includes "Records" besides other Information listed therein. Sec 2 (i) defines "record" to
include any document, manuscript or "File". When considered to gather, above provisions clearly include file in the definition of "Information". Notings being integral part of "file", notings can not be excluded. When we talk of a "file" we mean complete file with notings made in the file, which can not be separated. There is a clear provision in the present law that the notings in the file are available to the people. There is no justification what so ever to amend the Act for making available the file notings related only to social and development work as envisaged.

Few bureaucrats and politicians having ulterior motives, who have taken wrong and unjustifiable decisions during the past and have fear that they will get exposed, have started creating impression that such rights are not in the basic Act and are therefore pressing for the amendment to deprive people of their rights. If such amendment is implemented it will mean we have accepted the amendment which provides file notings in respect of social and developmental work only and the bureaucrats and the government will deny information about other file notings to people on important matters. It is therefore essential that the proposed amendment should be resisted at each level and a mass upsurge from the citizens is required to block the ulterior motives of vested interests. It is therefore necessary to form committees in each village to protect Right to Information Act.

More over it is planned to increase the number of exclusions under sec 8 (1). Presently there are 10 existing exclusion clauses in the original act, which the government plans to increase by three more, thereby diluting the Act and limiting the right of Information to the people. e.g.

(1). The current Act clause 8 (1) (i) permits publications of decisions taken by the Council of Ministers and the material on which the decisions are based.
However, after proposed amendment, such information may not be available to the people.

In fact the RTI 2005 Act provides that any information that is bound to be supplied to the Lok Sabha and Raj Sabha, cannot be denied to the people.

That is why the proposed amendments are unjust and incorrect. If these amendments are passed, the Council of Ministers may take decisions at will and not be answerable to the people. e.g. if a particular agricultural land is sought for industrial use and the council of ministers decide to acquire the land for conversion in spite of resistance by the concerned farmers and adverse file notings by the district authorities, the fact of case will never be known since file notings will not be disclosed.

(2) The government also intends to conceal details of opinion, legal advice and recommendations of experts or group of people who have examined a project/program related to social or development work, outside the preview of section 8.

Such amendment is unfair and unjust since there should be no harm in providing information, if an individual or a group of people who have worked sincerely and have given their professional / legal opinion keeping in mind public interest. If proposed amendment is allowed to be passed, people will have to accept public losses based on dishonest recommendations.

(3), u/s 8 (1) the government also plans to exclude information about examinations conducted by the public authorities for appointment / promotion of candidates to various posts in the government. Similarly information will also be denied about admission criteria to be applied for various educational courses.

This amendment too is unjust. It may not be objectionable to deny information about deciding eligibility of the candidate in various competitive tests conducted by various bodies, but once results are declared there should not be any objection for a candidate to see answer books of candidate, who has scored higher marks.

This will help bring uniformity in marking system in the written examinations and prevent malpractice in allotment of marks to improve the standard of examining answer books. It is also necessary to know the basis of granting promotions because there usually are many complaints of corruption and dishonest means used in this process. It is essential to maintain transparency in such matters.

It is astonishing that the government wishes to keep the admission process to various education institutes out side the purview of information Act. It is known fact that millions of rupees are collected by the educational institutions for granting admission to management, medical and technical faculties. In such situation, keeping the information outside preview of RTI will encourage corruption. It is therefore necessary to oppose this
amendment with full force. If this amendment is permitted, auction system will prevail in the education system in the private educational institutions that will make education a profitable business.

(4) Exception in section 8 (1) is also planned to prohibit supply of information regarding notings, extracts, hand written notes, files and legal opinion until final decision is taken in the matter and the issue is complete and over.

If these amendments are passed, the RTI will loose its soul. Deliberate attempt will then be made to take away all the rights given to people by the original Act. It has been experienced that decisions in government offices are invariably delayed and their implementations are also deliberately delayed. Once this amendment is passed, the Ministers and bureaucrats will further delay their decision – some times indefinitely and take shelter under "the matter is under consideration", for not supplying information.
Possibility decision taking process will continue indefinitely. Therefore it is necessary to resist these amendments, in order to protect the Act and effectively check corruption.

(5) In order make impression that additional powers are to be granted to the Information Commissions, government propose to add two sub-sections in section 18. According to proposed sub section 18 (5), the commissions will be given more powers and responsibilities to make the Act more effective. However, actually the proposed sub section 18 (6) takes away most rights of the commission. The original Act provides authority to receive application if PIO or AA refuses to accept the same. The ICs in such cases can take cognizance of the complaints and impose fine where necessary, after
enquiring in to the complaint. But due to the proposed amendment the rights of the commissions to take decisions on appeals and complaints will be taken away and mere recommendatory powers will be vested in the ICs. Final decision shall rest with the government making the Act tooth less.

(6). Some PIOs have started misusing provision of sec 8 (1)j, to deny information on pretext that giving information concerning you also is not in public interest.

Right to Information Act is vital for healthy democracy. Similarly the Acts like additional powers to Gram Sabha, delays in official matters and government officer's transfer laws are also important. If members of public are educated and awareness created about this Act, 75 to 80% corruption will go away and people will enjoy true democracy. Youth is real power for nation and if every youth participates in national cause, the whole picture
of nation will change within no time.

Embolden yourself to fight Second war for Freedom.