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Jayaprakash Narayan
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Modern ICTs permit the sharing of information, knowledge, and hence power, as was never possible before. In this realm, governments possess a duty not just to provide services as efficiently as possible, but also to make the government operations transparent and civil servants accountable to those they serve.
ICTs today
Across the world Information and Communication Technologies (ICTs) have ushered in an era of information exchange changing political, economic
and social structures forever. The ability of ICTs to change existing systems and provide alternatives where there were none, has made people and governments sit up and take notice. While the urban layperson may have benefited due to his constant exposure to ICTs, rural India is yet to experience ICT percolation and its potential benefits.
e-Governance and ICT for development projects have been implemented for well over a decade but now we are witnessing a subtle change in global attitudes. ICTs are moving from being an enabling tool, to being recognised as potential tools of empowerment. The focus, of various debates in national and international platforms like the WSIS and UN agencies, has now shifted to ensure benefits to the citizens not just through civil societys strife, but through improved governance efforts. Modern ICTs permit the sharing of information, knowledge, and hence power, as was never possible before. In this realm, governments possess a duty not just to provide services as efficiently as possible, but also to make the government operations transparent and civil servants accountable to those they serve.(1)
e-Governance however differs in scope from e-Government, which focuses primarily on technology related initiatives in the government domain. e-Governance encompasses a broader vision of use of ICT to support good governance and encourages citizen participation in the democracy process. Concepts such as e-administration, e-citizen and e-services initiatives, and government related components of e-society together represent the networked government model of e-governance, the overall aim of which is to utilise ICTs more effectively for good governance reforms.(2)
In India, the use of ICT in governance process has shown some benefits such as speedy execution of administration; cost minimisation; ease of accessibility of citizen services; etc. Projects such as BHOOMI in Karnataka, e-Seva in Andhra Pradesh and the SARI project in Maharashtra have paved the way for establishing the benefits of using ICTs to improve governments functioning.
Governance in India
The move from using ICTs to enhance government operations to recognition and inclusion of ICTs as an integral component of a government function has been a slow journey. Two studies published by Transparency International (TI) in 1998 reiterated the clear link between access to information and low levels of corruption. The TI Corruption Perceptions Index showed that of 10 highest scoring countries, no fewer than eight had effective legislation enabling the public to see government files. Of the 10 countries perceived to be the worst when it comes to corruption, none had access to information regulations worth mentioning.(3)
Governments, despite appearances, are always in motion. Departments perform a variety of functions and also undertake numerous initiatives for the betterment of the community. But who is the contractor to whom the tender for the new flyover has been awarded, how much does the local electricity department chief earn, what amount is spent on each worker under a particular government scheme, why has that person been arrested and for how long can he be detained; answers to such questions were never forthcoming. The lackadaisical attitude of the government has caused many an Indian to seethe in fury, suffer in silence and pay obeisance to the government official under whose mercy he was. While people do tend to view themselves as heroic, rebelling against the system is not an option. Though people are fully aware a government is constituted to serve its citizens, they succumb to treating the government official like a master. To reverse this role is unthinkable, especially when it means having to face the ire of the government official and resign to bribing to get the work done.
An independent survey of the quality of maternity health services for the urban poor conducted by the NGO Public Affairs Foundation, in the city of Bangalore, revealed that the average patient in a maternity ward run by the city corporation pays 1,089 rupees in bribes to receive adequate medical care. A further 61 per cent of the respondents were forced to pay for medicines, though public policy clearly mandates that they be given free of charge.(4)
Lacunae in all areas of government are high, corruption rampant and accountability minimal. But the Right to Information (RTI) Act 2005, enforceable from midnight 12 October 2005, is expected to change this.
Laying RTI foundations
Article 19 of Universal Declaration of Human Rights, 1948 explicitly states that, Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The International Covenant of Civil and Political Rights, 1966 Article 9 (2) also states that, Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. Though well aware of all these declarations, India has kept its governance process shrouded in secrecy. The Official Secrets Act (OSA), a legacy of British rule, apart from some minor amendments in 1967, continues to influence bureaucratic behaviour. The legal basis of the RTI Act can be traced to the Constitution of India. While the Indian Constitution does not explicitly mention right to information as a fundamental right, the Supreme Court has through its various judgments interpreted this right to be flowing from Article 19 (1) (a) which states that all citizens shall have the right to freedom of speech and expression. This means that the people have the right to talk about things freely and to express an opinion on anything. This would hence include the right to know, because unless we know about something we cannot express anything about it or protest against it. Right to information is also seen to flow from Article 21 of right to life and liberty.(5)
Touted to be one of the most commendable initiatives by the current government, the Right to Information (RTI) Act 2005 comes after many struggles and battles fought by the people at the grassroots level. The Mazdoor Kisan Shakti Sangathan (MKSS), a Rajasthan based organisation, has been working in this area for nearly two decades and is widely reckoned as the forerunner in demanding this right. Striving to make wage records public they effectively used the system of conducting public hearings to gain the information they needed and hold the officials accountable. Their, and the efforts of their partners in the National Campaign for Peoples Right to Information, have been largely responsible for bringing recognition and attention to the right to information movement.
Constant advocacy and continuous campaigning by organisations across the nation resulted in the hallmark decision by the Indian Supreme Court on 2 May 2002 when it delivered an important judgment, upholding voters fundamental right to information about the antecedents of candidates seeking elective public office. It is important to raise public awareness through similar means of advocacy to ensure RTI act helps improve governance and doesnt become just another government venture.
The Right to Information Act 2005
The Right to Information Act 2005 includes information which is held by or under the control of any public authority and includes the right to:
(i) Inspect work, documents, records; (ii) Take notes, extracts or certified copies of documents or records;(iii)Take certified samples of material; (iv)Obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.
Record in the above includes (a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device. In all, now any person can approach a government department and seek any information for a fee. Applicable to all states (except Jammu and Kashmir) and applicable to all government departments and agencies (except those related to national security or intelligence), the act hands to the citizen the power to know.
There are two aspects of this RTI Act. One is the right to have access to information and the second, the right to be informed. With the former lies the responsibility of the citizen to demand from the government without having to state any reason, the request to view any government document which he requires to view. The latter though places on the government the responsibility to continually disseminate information to the citizen and raise the level of transparency to such that the need for the citizen to approach the government is done away with.
With creation of Central and State Level Information Commissions and Central, State, District, Sub-district level Public Information Officials, the act envisages the creation of a truly complete structure to oversee its implementation within the stipulated time frame of 120 days. One integral component though is the inclusion of ongoing digitisation of records and linking of all information onto a central platform, as an essential constituent of this act.
ICTs and right to information: Forging linkages
Due to several RTI applications by Shailesh Gandhi, a Mumbaikar, the Mumbai Police Commissioner had last year admitted to past mistakes of allowing unbridled and illegal interference by politicians in police transfers for many years. After Shaileshs applications, besides warning all officials submitting themselves to political interference, the commissioner initiated a process to prevent such future interference.(6) The power obtained by a citizen is evidenced by the above incident, but Right to Information is not just about increasing accountability and bringing in transparency. It is about shift in attitudes of the multitudes who have not thought of involving themselves in the government.
Governments have always been considered to be the largest library in any jurisdiction because of the enormity of their information holdings. The Internet however may now be the largest library in the world thanks to the billions of web pages, chat rooms, newsgroups, listservs, etc. Many innovative individuals and creative groups are seeking to create pathways to knowledge and understanding through the use of new technologies and the Internet. It now behooves government to develop tools to use their information resources, lying in the nooks and crannies of their agencies, to contribute to, and reinforce, the rapid evolution of knowledge that is taking place at this point in our history.(7)
ICTs can be used creatively to further the RTI Act by building up existing social and media structure through use of varied information dissemination devices. Computerisation of information is to be an ongoing activity by the respective government departments. To ensure that RTI moves ahead, it is essential to study and adopt international best practises.
The Access to Information Act (Canada) promotes open government by providing the right of access to government information. The government noted that new developments in information technology would have three important implications for the administration of the Access to Information Act. First, as increasing information is stored throughout the federal system, it became difficult to manage a complete inventory of government information holdings which was not stored in a centralised database or on a central mainframe. Thus, creating an accurate inventory of information holdings within departments they realised was essential. Second, the cost of computer processing time was declining and the growth of standardised platforms and object-oriented programming meant that in many cases, it would cost less to create a record requested under the Act. Third, and most importantly, the changing definition of a record, such that a record need not be located in a single file but could be compiled based on the criteria of the user; was realised. (8)
The Indian Right to Information takes into account the creation of a central database of information and also categorically defines what a record means. A vast body of knowledge through the experiences of varied countries already exists and studying their experiences can help India to ensure that Right to Information is truly enabled.
But the RTI Act is not without its drawbacks and has evoked mixed responses from people. A conference organised by the Commonwealth Human Rights Initiative (CHRI) on Effective Implementation: Preparing to
Operationalise the New Right to Information Act 2005 in New Delhi, from 24-26 May 2005 brought forth some valid issues facing the governments. Most, it was observed, were unaware as to how to actually implement this act as no information was forthcoming directly from the central government and the task of establishing state level infrastructure was left onto the states. The computerisation of necessary information has not yet begun, let alone be completed in most states.
ICTs to monitor, evaluate and propound RTI use
The potential of the RTI act lies in its ability to decentralise information and provide local knowledge to a resident who is being directly or indirectly impacted by it. The focus must thus lie on creating environments that allows the information gained through RTI, to be distributed through use of ICTs. For true transparency and optimum utility any appeal for information, and any information given out must be available for all to view. This would further reduce the burden of repetition on the government.
ICTs have often been restrained only to the use of computers and Internet. Holding public information camps and using audio-visual media to promote greater understanding of the RTI must lie not just on the civil society but also be undertaken by the government itself on an ongoing basis. The need to approach the government for information can be done away with if effort is made to promote greater transparency and pass on the information to the citizens on a regular basis.
ICTs can be used to effectively monitor the progress and use of RTI act by paying close attention to adherence of timelines and standardising the information to a certain degree so that it can be understood by all. The Information Commissions being constituted under the act could serve as models themselves to other government departments and promote a better understanding of the potential of RTI. The meetings held by the commissions, decisions made can be effectively communicated to the general public on a timely basis through use of public announcements in papers, radio, Internet and television. This would instill confidence in the general public and boost public morale immediately.
Information technology is not a substitute to sensible policies and resource allocation. Wide dissemination of information may, however build pressure for policy changes. The important issue at hand is that there be a vigorous debate and discussions about how all our new technologies can be used to produce a more engaged and interactive citizenship.
Various online and social groups have already undertaken the mammoth task of passing on information about RTI onto the people. Hum Janenge: Peoples resolve to know, a yahoo group with 260 members, has been actively debating the RTI act and its application. YASHDA undertook a training programme for Maharashtra State Information Officials which was much appreciated and commended.
The Freedom of Information (FOI) Advocates Network, a group of 90 organisations across the globe has been facilitating the advocacy and campaigning through exchange of information, ideas, and strategies to address freedom of information at a regional or global level. They have been instrumental in making 28 September every year as the Right to Know Day. There is a pressing need for organisations such as FOI Advocates Network and Commonwealth Human Rights Initiative, an agency that has contributed immensely to the creating of the RTI act in India, to encourage local organisations to increase people responsiveness towards governance issues.
ICT is potent tool, but cannot guarantee either elimination of corruption or safeguarding of public revenues unless systems are designed specially, and instruments of accountability are put in place.
Synergy: good governance and e-governance
While ICTs have contributed greatly to the enhanced transparency and accessibility of information from the top, particularly insofar as legal and administrative information is concerned, they have done even more to improve the administrative, organisational and management skills of the bottom, and thus to tip the scales of power slightly back toward an equilibrium.(9)
ICTs have already substantially influenced voting procedures through use of electronic voting, making information about political contestants public, etc. But ICT has to now show in impacts in other areas of governance. The government must arrive at ways and methods by which citizens can effectively access and use RTI to take advantage of information resources. The Right to Information wave has been an extraordinary development in India. It will have enormous significance in checking government excess, and exposing corruption. Successes will not be immediate, but eventual. However, we need to think about how RTI could be used to ensure more systemic solutions, where the performance of our government institutions is discussed in a regular, predictable manner. Good governance will arise not out of individual exposes of scams, but out of institutionalised disclosure practices that are constantly being improved.(10)
The transition from years of secrecy and elitism to the creation of an atmosphere conducive to information dissemination would undoubtedly be an arduous task for the central and state government departments, institutions and agencies that numbers in thousands. But enforcing the act will ultimately result in the creation of a truly participative democracy by encouraging the citizen to engage in a consultative and debating position with the government. Questions asked shall now have to be answered.
Footnotes
1 ICT Policies and e-Strategies in the Asia-Pacific A critical assessment of the Way Forward, 2004, UNDP-APDIP
2 ICT for the Masses A Comparative Study of e-Governance Initiatives in India, December 2004, Rahul Barkataky and Vinod Kharat, MITRA Technology Foundation, New Delhi
3 Greater access to Official Information and Containing Conflicts of Interest, Key to Containing Corruption, Press Release, Berlin/London, December, 1998, Transparency International
4 Highlights from the Transparency International, Global Corruption Report 2003, January 2003, Press Release, http://www.transparency.org/pressreleases_archive/2003/2003.01.22.gcr2003_regional_highlights.en.html
5 Commonwealth Human Rights Initiative,http:// www.humanrightsinitiative.org/programs/ai/rti/india/legislation.htm
6 Assertive citizenship taking root www.indiatogether.org, September 2004
7 The information Society: The Role of Information in the Emerging Global e-government, e-Governance and e-Democracy Environments April 2004, Thomas B Riley, Commonwealth Centre for Electronic Governance
8 Information Technology and Open Government, Office of the Information Commissioner of Canada
9 ICTs in Support of Human Rights, Democracy and Good Governance, Audrey N. Selian, August 2002, International Telecommunication Union.
10 Right to Information or disclosure?, August 2004, Ramesh Ramanathan, www.indiatogether.org
Author: Jayaprakash Narayan is the Coordinator of Lok Satta, an NGO in India.
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