Reply by Venkatesh Nayak of CHRI on 5^th April 06 to the Rejoinder dated 31^st March 06 by Chitta Behera

Dear Chittabhai,

I write to thank you for sharing with me your views on the resolution of the National Conference on RTI. Due to limited availability of resources we were unable to invite everybody working on RTI around the country. As you have rightly pointed out the largest contingent was from Orissa. We had to turn down requests from more than 6 participants from Orissa who were eager to attend the workshop. This is always a difficult and painful choice to make. I urge you not to presume that we value your work and contribution to the cause of RTI any lesser than its true worth. We are planning to hold a regional engagement for capacity building on RTI in Orissa in the near future. I would be grateful if you could be with us in this effort.

I am happy to note that you are in agreement with the recommendations made by the conference.

I have cross-checked the time limit for disposal of second appeals by the Information Commission in Madhya Pradesh and find it difficult to agree with you. I presume you have seen both the English and the Hindi versions of the Rules. While the English version uses the term 'disposed of', the Hindi version uses the term 'nirakaran' for disposal of second appeals. However the term used in the context of disposing first appeals is 'nipatayi jayegi'. As you are aware 'nirakaran' means abrogation or rejection. The time limit in the context of second appeals seems to apply only to decisions of rejection. Therefore at best the time limit prescribed for the MP Information Commission is vague and inconclusive. In any case the Rules do not provide for a time limit for disposing of complaints. Therefore I think the participants were justified in demanding that there should be a time limit for the decisions of all Information Commissions in both complaints and appeals cases.

As for Tamil Nadu our records indicate that no time limit has been set for the SIC to decide on appeals. I checked with RTI activists and the Tamil Nadu ATI – the Anna Institute of Management as well. However if you have any document issued by the Government of Tamil Nadu or the Information Commission of Tamil Nadu about a time limit for appeals I would be grateful if you could send me a copy. I would be happy to reimburse expenses if any.

As for the second part of 90% disposal within 3 months, the illustration was given by way of an example, nothing more. Surely you will not begrudge the views of other participants who are supportive of this matter, concerned as they are with the problems of implementation of the RTI Act just like you. I agree with you that the Central Government should have prescribed the time limit while tabling the Bill in Parliament. But it was taken out and you are very much aware of the fact that all of us protested in writing. Now that the Act is in, hardly any state government would like to impose a time limit on the ICs. The participants therefore found it necessary to impress upon the ICs to set a time limit for themselves. If you find it to be a retrograde measure I respect your view as your personal opinion on the subject.

I thank you for quoting Mrs. Daruwala's letter regarding the Orissa Rules. This letter was prepared for her by the RTI team before she had a final look and signed it off. So the whole team is aware of the problems with the Orissa Rules. Thanks to UNDP and the Orissa Legislators' Forum for Development I had the opportunity of making a presentation based on these recommendations before your MLAs last year. We discussed the problems in the Orissa rules at the National Conference as well. However there was consensus to keep the recommendations to a minimum workable resolution rather than deal with the problems in each State/Union Territory. This does not mean that there are no more problems to be resolved outside of these recommendations. The Resolution does not claim to be a comprehensive statement on the particularities of all problematics discussed at the conference. I hope you will appreciate the need for brevity in such documents.

I agree with you that more concerted action is required to tackle the problems created by the RTI Rules in Orissa. I feel inspired by activist friends like you and Mr. Pradeep Pradhan in the Right to Food Campaign who are monitoring compliance in a sustained manner. We wish you all strength and will be with you in the struggle to secure better implementation of the Act in letter and spirit. I have come across an email that some of the fee rates have been reduced in Orissa. If this is true, I request you to kindly send us a copy of the same notification. I'll be happy to reimburse your expenses in this regard.

With regards

Sincerely,

Venkatesh Nayak

CHRI, New Delhi