Report of Sharing Workshop on “6-month  Implementation of Orissa RTI Rules - Issues and concerns” at Hotel Keshari, Bhubaneswar on 12^th March 2006

Background

Right since the 12^th of October 2005, the day when the Right to Information Act 2005 came into full force all over the country including Orissa, the Orissa Right to Food Campaign, which is an informal network of the civil society groups working on human rights has been spearheading the campaign against the objectionable Orissa RTI Rules-2005 framed by the State Govt. in the name of implementing the Act. Terming the Orissa’s Rules as absurd and illegitimate for its several ultra vires provisions, the organization has been demanding a complete withdrawal of the said Rules, through a series of fora organized by it such as seminars, consultations, round-table symposia, district level conventions and training camps etc. across the State. The organization has also been demanding its replacement by a new set of Rules, based upon public opinion as is warranted under the Section 24 of Orissa General Clauses Act, 1937. Besides the organization has also trained and oriented groups of people in several districts to conduct inspection of the offices of public authorities and seek information on all matters concerning their day-to-day life by way of exercising their right to inspection under Section 4 of the Act. It was also made clear that whenever there was any instance of non-cooperation of the PIO or Public Authority of the State Government to supply information under Section 4, a complaint could be lodged directly to the Orissa Soochana Commission under Section-18 of the Act. The persons and organizations involved in the campaign process took the stand accordingly in their respective areas and faced the public authorities just in the manner prescribed under the parent Act.

To take a stock of the situation and to discuss the issues arising out of the implementation of RTI Act during the last six months, a sharing workshop was organized at Hotel Keshari, Bhubaneswar on 12.3.06.  Around 60 participants from 16 districts  participated in the programme. The prominent public figures present in the meeting were Mr. Ranendra Pratap Swain MLA, Mr. Nadia Ch. Kanungo, Environmentalist and Prof. Radha Mohan, Orissa Soochana Commissioner. Prof. Surya Narayan Mishra, Head of the School of Journalism under the Department of Political Science, Utkal University, Vanivihar presided over the meeting.

The meeting started with Mr. Pradip Pradhan, Convener, Orissa Right to Food Campaign delivering the introductory address. Then there took place deliberations by the participants one after another on the theme of the workshop. 

Mr.Siba Prasad, Samuhik Marudi Pratikar Udyam, Baragarh

Sharing the experience of their group to conduct the inspection under Section 4 of the Act in the specific instance of the office of Sub-Collector, Padamapur in Bargarh district, he told that when they went to the said office, the Sub-Collector reacted very rudely   shouting, “Who are you to inspect our office? I will put you behind the bars”. The PIO present there told also that they were not aware about the provision of inspection mentioned in the Act, and they would take another 2 months to put the system in order for giving information to the people under the Act. Some days later the group had been to the Gaisilat Block office for a similar purpose, but BDO told them that he and his office staff were not provided with the training on Section 4 of the Act. However after some days the same BDO arranged a one-day Seminar in his office premises in collaboration with SMPU, Padampur on operationalisation of RTI Act, where Mr.Chitta Behera, Advisor to Orissa Right to Information Campaign joined in as the Resource Person and explained in detail the reasons and procedure as to how a citizen was entitled to inspect and access the information falling under suo motu categories instantly and without having to submit any application or fee as permissible under Section 4 of the Act read with the Orissa Rules (vide Rule-2).

Mr. Rajendra Meher, YCDA, Boudh

He said that there was no great interest among the people as such in the district of Boudh to get the information from any public office. Asking or forcing the people to seek the information in a ritual way will not yield any fruitful result. It is also a very hard task to monitor the activities related to seeking of information under the Act. How to monitor, for instance, such matters as which office to approach for information and who will seek information etc. Seeking information is a process.  It is yet to be seen how it can serve as a weapon in the hands of the people.

Mr.Purna Mohapatra, Journalist, Balasore

He said that Orissa RTI Rules is nothing but a mockery. Unless it is amended, it cannot serve the real purpose of providing information to the people. The provision in the Rules for production of an identity card by a citizen upto the satisfaction of a PIO is illegal and unjustified. The people in Balasore could not access the information because of the flaws in the Rules. He suggested, a massive awareness campaign should be organized to sensitise general masses about the anti-people provisions in the Orissa RTI Rules.

Mr.Santosh Das, State Committee Member, CPI(M)

Mr.Das cited the example of a beneficiary in Rasgovind Pur Block of Mayurbhanj district who was harassed by Govt. officials while seeking information  about a work undertaken under Food for Work Programme. He also told, how the MLAs could not get the information on the floor of the house. He said that the campaign on RTI should percolate to the grassroots level. Massive awareness programme needs to be organized at Block  and Sub-divisional levels. If Rules is illegitimate and absurd, a memorandum from this workshop can be sent to the Chief Minister demanding its amendment.

Mr.Satrughna Nayak, Khaprakhol, Bolangir

Sharing his experience of being harassed by the officials of DRDA, he narrated the story of his continuous endeavour to get a certain piece of information from the said office. He said that he visited thrice to apply for information to the PIO of DRDA about the expenditure of a Watershed Project but failed to submit his application due to the non-availability of the PIO in the office. On the fourth occasion, after waiting for a long time in the DRDA office, he met the concerned PIO and applied for the said information. When he applied, the PIO discouraged him to do it as it was in his opinion not necessary as such. But bowing down before the strong determination of the applicant, the PIO received the application and assured to provide the information. But in the Block office of Khaprakhol in Bolangir district, the BDO doesn’t have even any idea about the appointment of a PIO. There is no signboard indicating the name of PIO in the Block office.

Mr.Lalit Mishra, District NGO Co-ordination Committee, Cuttack

In Cuttack, a number of inspections have been held by his group in different offices like RTO, DRDA, RWSP and SC & ST Finance Corporation. The information about various programmes has been sought from the concerned offices. However a massive campaign was required to be held at the level of Blocks to sensitise the officials and also people for getting the RTI Act operationalised.

Prof.N.K.Mishra, Former Vice-chancellor, Culture University and Convener, Western Orissa Forum

Appreciating the steps taken by the Orissa Right to Food Campaign for sensitising the people on effective implementation of the RTI Act and for building of public opinion against the absurd provisions in the Orissa RTI Rules, he said that they have submitted a memorandum to the Governor and Chief Minister seeking amendment in the Orissa RTI Rules. He suggested that training camps be held on RTI Act to educate the common people to access all sorts of official information that they want.

Mrs.Dharitri Das, Secretary Ramadevi Mahila Silpodyogi Sangathan, Tarpur, Jagatsinghpur

A team under her leadership had visited the Raghunathpur Block office for inspection of the public documents under Section-4 of the RTI Act. The BDO cooperated and assured them to provide all the information within a couple of days. She has also applied for information to RWSS Office.

Mr.Digambar Swain, PIO, Satyabadi Block, Puri

Sharing his experience as PIO in Satyabdi Block of Puri district, he said that he had not faced any difficulties  in discharging his duties. But the documents as per the Template are yet to be ready in the Block. A very few people have applied for information to the Block Office, and they have already obtained it.  As all the Executive Officers have been designated as PIO for their respective Panchayats, they should be provided with training  about the Act and Rules.

Mr. Ranendra Pratap Swain, MLA (Athagarh), Orissa Legislative Assembly

Mr.Swain told that he had already served a notice for amendment of the Orissa RTI Rules. Strongly condemning the Orissa RTI Rules, he said that it is the outcome of a very complex mindset of Orissa’s bureaucracy. The way it has been framed has violated all democratic norms and values, just to establish the supremacy of the bureaucracy. The people cannot have access to the information unless the Rules become pro-people.  He requested all the participants to carry forward the campaign on the Rules across the State and build up public opinion against it. He also said that our campaign will be rendered meaningless, if we fail to educate the MLAs who can really fight it out on the floor of the Assembly. He suggested that a special Consultation to sensitise the MLAs about the anti-people provisions of Orissa RTI Rules should be held, and a memorandum should also be submitted to the Speaker in this regard. He also requested Prof. Radhamohan,  the State Information Commissioner present in the meeting to recommend to the State Govt. for the amendment required in the Rules.

Prof. Radhamohan, Orissa Information Commissioner

At the outset, he highly appreciated the steps taken by Orissa Right to Food Campaign  for effective operationalisation of the RTI Act in the State. Sharing his experience in the yester years, he said that in the 60s, Indira  Gandhi, the then Prime Minister of India declaring Bank nationalization instructed the banks to  provide loan to small and marginal farmers. Just to know how it worked at ground level, he accompanied a farmer to a bank for seeking a loan. When they met the bank manager, the latter went on describing a detail procedure, which somebody should follow in order to avail a loan. As a matter of fact, this complicated procedure which a farmer can’t comply with was in vogue before the bank nationalization took place. When he (Radhamohan) argued before the Manager in favour of making the loan procedure for the farmers easy taking the name of Indira Gandhi, the bank manager firmly told them, “let Indira Gandhi come and give you the loan, but I cannot do it”. Prof. Radhamohan said that this was the general attitude of the officials in our system. This has happened in the case of Orissa RTI Rules too. He felt that there was a fear psychosis working among the officials at grassroots level after the Act was enacted.

He then discussed about the problems that the Commission was facing in respect of discharging their duties. Adequate infrastructure has not been provided to the Commission till date. Due to shortage of staff, the Commission could not work effectively. He suggested to add a demand in the Campaign for constituting a State Right to Information Council which will not only make an analysis about the operationalisation of RTI Act but give recommendation to the Govt. for its effective implementation. Similarly, the District level Council should be formed to assess the situation at their level.

Following the discussion by the speakers as aforesaid, the following action plan was chalked out to carry out as a part of the campaign for appropriate changes in Orissa RTI Rules and for effective implementation of RTI Act in the State.

Immediate steps

The immediate steps shall be as follows:

•  Signature campaign will be carried out with signatures from Panchayat representatives and concerned citizens in all the districts, in protest against the Orissa RTI Rules.
• An Oriya memorandum will be drafted and circulated to all the districts for the signature campaign.
• A Consultation for MLAs shall be organized to sensitise them about the Rules.
• Post card campaign will be launched at grassroots level.
• A delegation of intellectuals and activists shall meet the speakers to discuss about the Orissa RTI Rules.

Long Term Strategy

• Massive awareness campaign shall be organized to sensitise the people and Panchayat representatives  about the Act and Rules.
• District level NGO orientation meetings shall be organized to motivate them for their full-scale involvement in the campaign.
• IEC materials to be developed for dissemination purposes.
• District level Interfaces to be organized involving both officials and civil society groups.
• A team of activists shall visit the offices of various public authorities for inspection under Section 4 of the Act in Bhubaneswar and Cuttack.