WORKSHOP ON RIGHT TO FOOD, WORK AND INFORMATION

Venue: The Assembly, Statue Chowk, Bhawanipatna

Date: 16^th November 2005

A one-day workshop on Right to Food, Work and Information was held at Bhawanipatna on 16^th November 2005. The workshop was jointly organized by Kalahandi Khadya Adhikar Abhiyan, TRUTH and Rupayaan and was partly supported by Action Aid India, Regional Office Bhubaneswar. The workshop which was attended by around 40 participants from all walks of life was inaugurated by Hon’ble retired District Judge Shri Girija Shankar Pattnaik and the Chief guest on the occasion was noted educationist and social worker Mr. Jatindra Kumar Mund. Social Activist Mr. Chitta Behera was present as the resource person for the occasion.

Inaugurating the workshop Mr. Girija Shankar Pattnaik shed light on the legal process for protecting the rights of the poor in the State and especially in the context of Kalahandi. He remembers the case that was filed by Mr. Kisan Pattnaik during 80’s to stop poverty and starvation death in the district. Based on the experience he emphasized on collective action without which all judicial activism, rules, regulation, rights and entitlements for the poor would be mere dead letters. 

In his key note address Sri Chitta Behera pointed out that through the Act titled “The Right to Information Act - 2005” passed by the Parliament in May 2005 the long standing dream of the people of the largest democracy would get their due. The right to information was a welcome step for the greater interest of the people at large. Govt. of Orissa on 7^st October 2005 declared Orissa Right to Information Rules 2005 on their website through the notification made by the Information and Public Relations Department, which was followed by a partial disclosure of the same through advertisement in the local dailies. However there lies a vast, irreconcilable gap between the Act and the Rules. When the Act is very loud and clear about the citizen’s right to information from the public authorities, the Orissa rules unlike the corresponding ones made by majority of States, has been found to be confusing, contradictory and unworkable and not prepared either in conformity with the mother Act or based upon the public opinion as warranted under the existing legal procedure.

After an elaborate presentation by Sri Behera, the members present participated in the open house discussions that followed. The following flaws were identified in the Rules framed by the State Govt under the RTI Act 2005.

• The document called Orissa RTI Rules was not prepared, following consultation with the civil society groups or a feedback from the debate among the people at large.  This document which has been prepared by a small coterie of bureaucrats sitting at the Secretariat is therefore out of tune with both the parent law and people’s interest.

• The exorbitant fee structure is an exploitative tool in the hands of the bureaucrats to keep away the people from access to official information under the Act.

• The application form asking for the identity and other personal details of an applicant seeking information is simply malicious. It only indicates negative mindset of the bureaucrats who want to deny information under this or that plea.

• There is only one exemption of fees (application fee) allowed under the Orissa RTI Rules for the BPL persons, while the Central Act has provided for 3 exemptions for them (other two being the cost of providing information and the cost of electronic medium).

• There is a provision regarding realization of penalties or damages by confiscating the landed property of the information seeker, which is by far the most unfortunate part of the Orissa Rules.

There are also other objectionable aspects to the Orissa Rules. The way it was drafted  and the method it followed for adoption are totally against the normal rules of the land. The participants went through the Central Act and the State Rules between the lines and tried their best to understand the intention and implications of the gaps between the two. It was agreed that the spirit of the Central Act is completely missing in the Orissa Rules, which is not people-friendly and pro-poor at all. The Orissa RTI Rules is going to become a protective cover for the corrupt and inefficient Govt officials of the State and would serve their interest only. So all the participants denounced the Orissa Rules and agreed to spread this message to the nook and corner of the district to exert pressure for rightful amendment. In this regard friends from media (present in the meeting) were requested to play a concerted role in disseminating the voice of protest against the faulty Orissa RTI Rules. Also it was decided that on behalf of the participants, KKAA would write a letter of protest to the Chief Minister. 

Due to time constraint, the other important matters relating to Right to Food and Work (National Rural Employment Guarantee Act) could not be discussed at length in the workshop. In the meeting itself it was decided that KKAA would organize another such workshop on the left-out matters of the day’s agenda. The tentative date for this meeting was decided to be someday during December 2005.

The one day workshop that was attended by cross sections such as teachers, advocates, journalists, elected representatives, concerned citizens and NGOs from across Kalahandi came to an end with a vote of thanks from Sri. Sumana Kumar Rath, the President Lok Adhikar Samukshya, Kalahandi. It was pledged that KKAA would organize similar meaningful forums in future as a strategy to initiate collective action in the district.       

Report by

KKAA, TRUTH and Rupayaan

WORKSHOP ON RIGHT TO FOOD, WORK AND INFORMATION

Venue: The Assembly, Statue chowk, Bhawanipatna

Date: 16^th November 2005

List of Participants: