Twitter
Advertisement

RTI in private bodies has hit a gridlock: Activists

Even as the info commission decides whether Mumbai Metro One Pvt. Ltd. (MMOPL) is a public authority, the larger issue of private companies providing public service being under RTI has hit a gridlock stage, concur activists.

Latest News
article-main
RInfra-led MMOPL operates Metro on the 11.4-km elevated corridor between Ghatkopar and Versova
FacebookTwitterWhatsappLinkedin

Even as the info commission decides whether Mumbai Metro One Pvt. Ltd. (MMOPL) is a public authority, the larger issue of private companies providing public service being under RTI has hit a gridlock stage, concur activists.

Activists blame lack of political will, apart from the conservative approach of the judiciary in emphasising the need to make such private concerns more transparent. Activists say that the roots lay somewhere in the beginning when the sunshine law was coming into existence. As India took inspiration of its Act from the US version of the law, some things did not fall into place despite vociferous demands of those rooting for a strong Act. "The US version of the law has a schedule that covers bodies which provide public service. Out here, they have been left out," said Venkatesh Nayak, programme coordinator at the Commonwealth Human Rights Initiative, which studies functioning of RTI.

Instances where circulars or notifications were issued have not seen the bureaucracy take things to a logical end, even if the courts have not stayed them. For example, a department of personnel and training (DoPT) circular which made it mandatory for PPP models to disclose information covered under section 4 of the RTI Act, has not yet been effective.

"Here, the blame should lie squarely on bureaucrats. If they want, the private bodies will not have the gumption to overlook a circular," said Bhaskar Prabhu of Mahiti Adhikar Manch, an NGO that works towards RTI awareness.

States like Kerala that went ahead and came out with a notification to push for temple trusts and cooperative societies to come under RTI, saw them being challenged. "While some of them have had a very reasoned order, in other instances that has not been the case. In a number of cases, a stay has been granted," said Nayak.

Those that have been termed as public authority and have got reprieve from the courts are MIAL and Reliance Energy. These were declared public authorities but courts gave a stay on such orders. The stays are yet to be lifted.

"Definitions (of transparency) have been interpreted fairly restrictively by courts. The moment companies are performing jobs that affect the public, they ought to be transparent," said Anjali Bhardwaj, co-convenor of NCPRI, national platform that work towards RTI and played a pivotal role in the passage and implementation of RTI Act.

"At the end of the day, if private companies take government aid, they should be willing to come under RTI," said Vijay Kumbhar, another RTI activist.

"It has sort of become a routine session of private sector companies to reject giving any information otherwise," said SK Nangia, another activist.

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement