Key issues hindering the effectiveness of RTI
“DARKNESS”
(Delays, Amendments, Resistance, Knowledge gap, National security exemptions, Endangerment of activists, Skewed representation, Secrecy misuse)
D – Delays in Information Disclosure
• RTI mandates a response within 30 days, but officials often violate deadlines.
• Justice is delayed, especially in cases of human rights violations, environmental clearances, and corruption inquiries.
• Example: A 2022 report revealed that 12 out of 29 information commissions in India have a waiting time of over one year to hear appeals.
A – Amendments that Weaken RTI
• RTI (Amendment) Act, 2019 gave the government control over the tenure and salaries of Information Commissioners, compromising their autonomy.
• DPDP Act, 2023 amended Section 8(1) of RTI, exempting all personal information from disclosure, even if it involves public officials.
• Example: These changes reduce transparency, making it harder to expose corruption and inefficiencies.
R – Resistance from Bureaucracy and Political Parties
• Public officials often delay or deny information, fearing exposure.
• Some institutions refuse to appoint Public Information Officers (PIOs), making access difficult.
• Political parties also defy RTI, limiting scrutiny of their funding.
• Example: In 2023-24, nearly 42% of RTI appeals to the Central Information Commission (CIC) were returned without hearing.
K – Knowledge Gap Among Citizens
• Many people, especially in rural areas, remain unaware of their RTI rights.
• Government efforts to promote RTI awareness remain weak, leading to underutilization.
• Example: A PWC study found that only 12% of rural and 30% of urban populations knew about the RTI Act.
N – National Security and Exemption Misuse
• Government agencies misuse national security concerns to deny information requests.
• 27 security agencies, including RAW, IB, and CERT-In, are exempt from RTI under the Second Schedule.
• Example: The Official Secrets Act, 1923, is often cited to refuse disclosures, even when they involve public interest.
E – Endangerment of RTI Activists and Whistleblowers
• RTI activists face harassment, violence, and even murder, discouraging transparency efforts.
• The Whistleblower Protection Act, 2014, remains poorly implemented.
• Example: Since 2006, 99 RTI activists have been killed and 180 assaulted (Commonwealth Human Rights Initiative Report).
S – Skewed Gender Representation
• RTI institutions are male-dominated, limiting a gender-sensitive perspective on transparency issues.
• Example: Since 2005, only 9% of all information commissioners have been women, and 12 out of 29 commissions have never had a woman commissioner.
S – Secrecy and Misuse of RTI
• While RTI is a tool for transparency, it is sometimes misused for frivolous queries, diverting resources.
• Example: An RTI was once filed to count the number of cattle in a region, highlighting how trivial queries burden public offices.