Consultation with MLAs of Orissa Legislative Assembly on Orissa RTI Rules

Consultation with MLAs of Orissa Legislative Assembly on Orissa RTI Rules-2005, held at Hotel Presidency, Bhubaneswar on 27^th March 2006

BACKGROUND

Since the time when State Government announced the Orissa RTI Rules in the name of operationalising the Right to Information Act 2005 in the State, the Orissa Right to Food Campaign, which is an informal network of civil society groups working for human rights of the marginalized sections of the society, has been staunchly protesting against the same, terming it as anti-people and illegitimate. Throughout its long course of campaign commencing from the very next day of the announcement of the said Rules i.e. 8^th of October 2005, it has been demanding before the Govt. its complete withdrawal.

As per the Section 29 of the RTI Act, any Rules framed by the appropriate Government under the Act will be laid in the concerned legislature, and thus remains some possibility that the Rules so framed by a State Government may be changed on the floor of the State Legislative Assembly. Keeping this possibility in view, the organization had been over a period of time sensitizing the MLAs in very many ways such as talking face-to-face with them, providing necessary reading material and calling them to different fora held on the subject. All the while the campaigners told the MLAs, who might belong to treasury, opposition or the group of Independents about the imperative need for raising questions on the objectionable set of RTI Rules that the State Government had announced bypassing the mandatory provision of eliciting the public opinion on the same. As a result, soon after the laying of the Rules in the Orissa Assembly, Mr.Ranendra Pratap Swain, an MLA and a former Minister of State along with a few other MLAs had given notice to the Speaker for its amendment. When the Rules so laid remained to be discussed on the floor of the Assembly on any day, it was felt imperative that all the MLAs interested to see through the proposed amendment, be made further conversant on the nitty-gritty of how to bring round the concerned Minister in support of the said amendment.

Keeping this crucial need in view a Consultation on Orissa RTI Rules for the legislators of the State was called at Hotel Presidency, Bhubaneswar on 27^th of March 2006. Twelve MLAs of Treasury, Opposition and Independent Group participated in the said Consultation. Mr. Rabi Das, a senior journalist of the State presided over its proceedings.

WELCOME AND INTRODUCTION

At the outset, Mrs. Rutuparna Mohanty gave a welcome address to the participating MLAs and other eminent persons who were present on the occasion. Then giving an introductory talk on the objective of the Consultation, Mr.Pradip Pradhan, Convener of the Campaign highlighted the select number of absurd and ultra vires provisions in the Orissa RTI Rules such as an exorbitant fee regime, an 11-column compulsory Application Form to discourage citizens from seeking information, unwarranted provision for appeal fees like Rs40/- and Rs50/- for first appeal and second appeal respectively, compulsory production of identity card or passport at the time of applying for information and explicitly draconian provisions like Rule-10, Rule-12 and Rule-13, that aimed at penalizing the citizens to the extent of auctioning off their landed property and sending them to the prison on grounds that lay outside the purview of the RTI law. Mr. Pradhan appealed to the members present to go through the campaign’s recent publication ‘Orissa RTI Rules 2005- Why absurd and illegitimate?’ to get abreast of the various facets of the critique of the Orissa Rules, that has evolved in course of interaction with the officials and people. Following this brief presentation by Mr.Pradhan, the members of the house got engulfed in the discussion.

Mr. Sanatan Bisi, MLA (Biju Janata Dal)

Participating in the discussion, Mr. Sanatan Bisi said that the Orissa RTI Rules was an attack on the fundamental right of the citizens to seek information. Many provisions in the Rules are ultra vires and go against the spirit of the Act. He shared with the house the questions that he had raised during last assembly session on the need for changes in the State RTI Rules. The Minister of State responding to the questions so raised had said that an expert committee had been constituted to look into the suggestions received from different quarters. But the views of the said Committee have not so far been known. Sri Bishi therefore suggested to oppose the Rules on the floor of the assembly as and when it would come up for discussion.

Dr. Debashis Pattnaik, MLA (Congress)

Having gone through the documents containing the analysis of Orissa RTI Rules, he raised certain questions seeking clarification. He agreed with the suggestion for revising the fee structure. He further said that the bureaucrats never paid any attention to the interest of the citizens while framing the Rules under any Act. A progressive law like the RTI Act as was passed by the UPA govt.was being diluted in respect of its implementation by the State bureaucracy. He assured to oppose it in the assembly.

Mr. Pratap Sarangi, MLA (BJP )

Participating in the discussion, he strongly reacted against the provision of the proof for identity of a citizen as prescribed in Form A. He said that in an era of internet, when the people of the entire globe have access to a piece of information put on the website, why a citizen of the country will be deprived of getting it, if he fails to prove his/her identity. He demanded withdrawal of this provision from the Rules.

Mr. Ranendra Pratap Swain, MLA ( BJD), and Former Minister of State

As he was already convinced about the anti-citizen nature of most of the provisions contained in the State Rules, he said that the current set of Rules was the reflection of the colonial mindset of the bureaucracy. The said Rules has been framed in such a way that the people will fear to go to a Govt. office to seek information. Describing what he has already done in this regard, he said that he had given notice to the Speaker for an amendment of the Rules. In the current Session, it may be taken up for discussion in the house any day. He appealed to all the MLAs to oppose it on the floor of the house so as to make the Rules pro-people.

Among others who discussed on Orissa RTI Rules were Mr. Brundaban Majhi, MLA (BJP), Mr. Pravat Biswal, MLA (Independent) and Mr. Narayan Reddy, MLA (CPI). Summing up the consensus of the house, Mr. Rabi Das in his presidential remarks appealed to the MLAs to put forward strong and appropriate kind of resistance to the Orissa RTI Rules 2005 in the Assembly as and when it would come up for discussion, keeping the greater interest of the people in view.

After a vote of thanks offered to the Chair and the participating MLA on behalf of the oraganisers, the Consultation came to a close.