The Great comedy circus of the Indian Democracy
“If Men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and the next place, oblige it to control itself.” ― James Madison
The 16th Century
renaissance replaced autocracy with democracy in Europe. This tide of democracy
spread to other parts of the world in the next 5 centuries. “Accountability” is
the main difference between autocracy and democracy. In Democracy, the elected
governments are accountable to the citizen. Question hour in parliament,
no-confidence motion in Loksbha, Election after 5 years, etc. are the modes to
make government accountable. But all these tools are in hands of the
politicians and not in hands of citizens. The introduction of the Right to
information act (RTI) was the inflection point of our democracy as RTI empowers
the citizen to make the government accountable on day to day basis.
Today, India facing the unprecedented crisis of
the covid19. The ego of the one person, Prime Minister Modi became heavier than
the lifetime risk of the 130 crore citizen. For such situation, Ram Monohar
lohia have said "जिंदा कौमें पांच साल तक इंतजार नहीं करतीं". In Many European states,
there is the option of the Right to recall where citizens can remove the
elected government. But India has not any such mechanism. We have to rely
solely upon RTI to make the government accountable.
Here I want to write upon how the RTI, the tool of
accountability becomes the joke.
In 2013, Calcutta High Court directed RTI
queries to be initiated by giving only post box numbers to safeguard the
applicant's identity. Passing the order, the bench observed "we find
logic in the submission of the petitioner that the applicant need not disclose
any personal detail."
Disposing of the petition, the bench directed the secretary, Union Ministry of Personnel, to circulate the copy of this order to all concerned so that the authority take appropriate measures to hide information with regard to personal details of activists to avoid any harassment by the persons having vested interest and likely to hide the the information asked for. In January 2014, DoPT issued this circular to implement the order of the highcourt. Here it is :
Public Authorities ( Government departments) have to reply to RTI
application in 30 days, they have to keep records of the reply, etc. This
is not possible through the normal post. So it is standard practice to use
Speed post for the RTI related matter.
But the surprise is that India post’s Postal box
service does not allow the speed post facilities. It only accepts the normal
post which is not possible to use for the RTI purpose. Here is the RTI reply to
the India post regarding the use of the postal box for the RTI purpose.
It has been 8 years since Calcutta High Court passed the order to facilitate the
RTI by the Postal box service to safeguard the privacy of the applicant. On
paper, the Government has facilitated it but practically it is not possible. This
aptly reflected in the lines of the Adam Gondvi –
तुम्हारी फाइलों में गाँव का मौसम गुलाबी है
मगर ये आंकड़े झूठे हैं ये दावा किताबी है
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