Nani Palkhiwala Award to Shailesh Gandhi- RTI Activist

Acceptance speech By Shailesh Gandhi:

It is indeed a great privilige and honour to receive this award instituted in the memory of Shri Nani Palkhiwala. He towered above most of us by his intellectual prowess, and insistence on adhering to values and the truth at all times. The hallmark of this man was that he followed his conscience with an outstandingly honest commitment to logic and facts. I feel humble in receiving this award instituted in his memory. It is also a privilige to have been selected by an Institution and a jury of great repute. I am conscious that this award is really more a recognition for the revolution of Right to Information, -than for me. RTI has swept across the Nation gaining strength by Citizen participation and activism.


The first campaign for Right to Information was started in 1990 in
rural Rajasthan by MKSS,- led by Aruna Roy, Nikhil Dey and Shankar Singh. Across the country many people have been championing the cause of transparency and for codification of this fundamental right of Citizens. To name a few;- H.D. Shourie, Ajit Bhatacharjee, Prabhash Joshi, Jean Dreze, Maja Daruwala, Prashant Bhushan, Arvind Kejriwal, Prakash Kardaley and Shekhar Singh were amongst the many
who have over the years agitated and lobbied for a good Right To Information Act. In Maharashtra we owe a great debt to Shri Anna Hazare not only for getting a good State Act, but also for spreading it as a Public movement, and continuously ensuring that the Government takes steps to improve its implementation.


Lokmanya Tilak's epic call still rings in our years -- " Swaraj ha maza janmasiddh hakk ahe, ani to me milawnarch". We have a reasonable system of elections. Citizens are able to change their elected representatives, but the Swaraj we dreamt of, never came.


What we have is an elective democracy, not a participatory democracy. This is because we have missed the essence of Lokshahi- which means Logonki Shahenshahi. The essence of democracy is that the individual Citizen is a sovereign in her own right, and she gives up part of the sovereignty to the State, in return for which she gets the rule of law. This respect for YOU,-the sovereign Citizen of India, and for the rule of law has been missed completely. Our Institutions have become playgrounds of the powerful, where the individual is helpless. If a Citizen approaches an elected representative, he may or may not get a hearing in 24
hours; if she writes to a Public servant she may or may not get an answer in 12 days; and if she approaches the Courts a BMW will metamorphose into a truck and the final decision will probably be obtained after a decade. The individual Citizen instead of being respected has become the bechara. If Tilak were here today he would
have again said, " Swaraj ha maza janmasiddh hakk ahe, ani to me milawnarch", karan Swaraj keva aalach nahi. 15th August, 1947 only saw a transfer of Raj from the whites to the browns.


While we see a soaring sensex, a double digit growth of GDP and malls, and a growing number of billionaires, over 70% of my countrymen live on less than Rs.20 per day, and more than 45% of our children suffer from malnutrition. These Citizens of India bow with servility before the Public servant, prostrate themselves before their arrogant elected representatives and do not even dare to approach the judiciary. Investigations of criminal complaints in Slum Rehabilitation Authority matters have been stalled and the Criminal Procedure Code suspended by the Maharashtra Government, despite High Court orders. The Court waits for Godot, while the underworld has now taken over these matters. If the Common Citizen challenges the powerful criminals in Court, he might end up sacrificing decades of his lifetime for this folly. Six decades after Independence, India is seeing a reincarnation of the Princes and Zamindars in their new Avtars;- as monopolists and SEZ owners
who actually dictate policy and implementation. The State provides the lathaits and the armies for these. The Government itself admits that around 25% of India's districts have chronic and endemic violence. Dr. Binayak Sen, has been locked up without any crime and with the knowledge of the highest court in the land.


Many others suffer across the Nation and they do not even weigh on our conscience -- since they are invisibles -- the `Le Miserables' who will perhaps someday have to threaten our growth, progress and peace with violence to get their just dues.

In 1982 Mr. Palkhiwala had described the plight of the Citizen in
this verse:

" His speech is of mortgaged bedding,


On his vine he borrows yet,


At his heart is his daughter's wedding,


In his eye foreknowledge of debt.


He eats and hath indigestion,


He toils and he may not stop;


His Life is a long-drawn question


Between a crop and a crop."


After a quarter century, i feel it could have been written
yesterday.


Most institutions have failed India since they have become the domains of the powerful. Brazenly they have appropriated what belongs to the people, - lands, money and power. In this grim scenario there are two possibilities; - either a movement towards violent solutions by the disempowered, or a campaign for greater
accountability and empowerment by Individual Citizens to monitor the Government and implement the laws. The contract is between each individual sovereign with the State. Right To Information provides an avenue for the Common Citizen to question his Government, get accountability, find out about policy implementation, expose corruption and get respect for the majesty of the Indian Citizen.
The elegant law provides an inexpensive, timebound and simple instrument to Citizens, which can be used by them from their own house with an input of less than an hour and around 50 rupees.


Individual citizens have used RTI to curb corruption in the issue of
ration cards, Incometax refunds, pensions and so on. A RTI application made the Government install jammers to stop the use of mobile phones by its inmates in Arthur road prison, while another forced a rapist cop to be dismissed. RTI reveals that 550 lessees in Mumbai illegally occupy 1200 acres of lands as illegal occupiers, though their leases have expired. This is done with the connivance
of the Government. We the People lose over 8000 crores annually in Mumbai alone on this count. Privatisation of water supply was stopped in Delhi. A RTI query to JJ School of Arts made them realize the priceless paintings they were holding! Thus there are many varying and different ways in which Citizens are using RTI to
monitor government performance, support the honest Public servants, curb corruption and get proof of laws being broken. Most importantly the individual Citizen-the Sovereign of India,- is feeling empowered and is beginning to impact on the Governance of the Country. He is seeing the possibility of getting the Swaraj which escaped her 60 years back. RTI is growing without any one organization or National
leadership guiding or dictating it,- in short without any hierarchy. This is truly a Citizen empowerment revolution which is sweeping across the Country, awakening the common Citizen.


As I stand here, I would like to acknowledge my deep gratitude to the many well wishers, friends and my family who have given me immense love and warmth. My special thanks to my parents,-who are no more,- my daughter and son-in-law Ayesha and Omesh, and my wife Bharti who have supported me consistently in pursuing my
convictions.


All of us individually share this historic opportunity to be the agent for the change we desire. Right to Information is helping to uncover the facts, the reality which exists in our Public Authorities. It is indeed a search and quest for transparency and truth. Sixty years back Satya helped us to rid the Country of our
white masters, now RTI will help us to attain the Swaraj we missed.
It is critical that we the People defend and nurture this Right for the next few years. The authority and the responsibility vest with you and me,-the Sovereign Citizens of India. I accept this award on behalf of the Common Citizen of this Nation, who is now empowered with his Right to Information to change the Governance of the Country.


Shailesh Gandhi

All my emails are
in Public Domain.
www.satyamevajayate .info

Mera Bharat Mahaan... Nahi Hai,
Per Yeh Dosh Mera Hai


Forget yourself for others, and others will never forget you.

Central Information Commission Performance: Right to Information Act in India

Right to Information monitors all segments of the Governance structure including the Central Information Commission.

Shailesh Gandhi's RTI queries seeking to understand the fate of second appeals and complaints with the Commission has yielded some disturbing results.

The total number of second appeals and complaints received by the Commission for the 13 month period April 2007 to April 2008 was 22268, out of which only 12411 were registered! This means the Commission rejected 45% of the second appeals and complaints received on procedural grounds!

This is a sad situation, since the RTI act is expected to be used by the common citizen. The Act even directs the PIO to help the Citizen to even make the application. It is apparent that the CIC is rejecting the second appeals and complaints of Citizens in a very ruthless manner, which is certainly against the spirit of the Act. ( Incidentally this kind of rejection is less than 5% in the Maharashtra State Information Commission.)

The CIC must adopt a more reasonable approach, instead of finding small mistakes to reject appeals. This also highlights the need for activists to understand and teach Citizens the right format and method for filing the second appeals and complaints, to overcome the Commission's unfortunate zeal to reject their appeals.

The other figures received for the period October 2005 to April 2008, s:
Number of Second appeals and complaints registered: 19996

Disposed : 12895

Information partially or fully ordered to be given: 7206 - 56%

Information denied:2237 - 17%

Remanded to First Appellate authority: 3452 - 27%

Penalties imposed: 116 - 0.9%

Users could draw a lesson from the high number remanded to the first appellate authority, and file first appeals wherever applicable before going to the Commission. This would mean only going directly in a Complaint under Section 18 of the Act when the RTI application is not being accepted, or an excessive charge is being levied or a misleading and false information has been provided.

The other matter of concern is the completely uneven pendency in the matters before it.

The figures for each Commissioner are as follows:

Name of Commissioner Number of Second Appeals & Complaints , Allocated Number ,disposed,
Balance and Pending

Shri Wajahat Habibullah - No of Second Appeals : 5236 , Disposed : 2067 , Pending :3169

Shri A.N.Tiwari - Number of Second Appeals: 3587 , disposed : 2531 , Pending :1056

Prof. M.M.Ansari - Number of Second Appeals: 3813 , disposed : 3324 , Pending :489

Shri O.P.Kejriwal - Number of Second Appeals: 3733 , disposed : 2893, Pending :840

Smt.Padma Balasubramanian - Number of Second Appeals: 3627 , disposed :2080 , Pending :1547

It is evident that the Chief Commissioner has an allocation of over 40% more than the other Commissioners. This is leading to an undesirable situation where matters listed before him now are likely to be taken up after nearly 18 months. A reallocation of the work would ensure that this does not happen.


shailesh gandhi
shaileshgan@gmail.com
domain.http://shaileshgandhi.blogspot.com/

Forget yourself for others, and others will never forget you.

Activist proposes separate ministry for senior citizens; launches comprehensive website:Silver Innings

Mumbai, April 10, 2008: Renowned Right to Information (RTI) activist Shailesh Gandhi today inaugurated Silver Innings, a comprehensive and dedicated website to address the concerns of senior citizens, at a function held in Mumbai.

"This is a historic event for senior citizens," said Mr John Thattil, Regional Director (West), Help Age India, who was the guest of honour at the function. "Silver Innings is a new beginning for our elders, as it harnesses the modern, powerful medium of the Internet to help them not only to keep pace with the world, but also to network with each other and bind them together on an unprecedented scale," he said.

Highlighting the growing percentages of senior citizens due to better health care facilities and the increased life span, Thattil revealed that while senior citizens constituted 7.5 per cent of the total population in 2001, by 2050 the number is expected to rise to about 20 per cent. "There is a severe crunch of services for senior citizens and we need to start building them up right now," said Sailesh Mishra.

"This website is complementary to the RTI movement in that it is a one stop destination for all information related to senior citizens, a prominent disadvantaged group," said Mr Gandhi. "We have seen that information invariably leads to empowerment and Silver Innings, by ensuring that relevant and comprehensive information reaches the senior citizens through the modern digital, interactive media, will make life so much easier for them."

The website is a brain child of Sailesh Mishra, founder member, Silver Innings, who has extensive experience as an activist for senior citizens and other social causes. "We at Silver Innings are committed to ensure that ageing becomes a positive, rewarding experience for all, by helping them to overcome the challenges of ageing and show them the way to live with dignity in their sliver years," he said.

Mishra observes that while there is no dearth of NGO’s working for cause of women, children, education, and AIDS abound, there are few organisation dedicated to the concerns of senior citizens, and those too are concentrated in large cities like Mumbai, Delhi and Bangalore.

"It is for this reason that we wish to eventually develop this website into an NGO dedicated to senior citizens, as this cause is largely a neglected one" says Mishra. "Just as there are independent ministries for women, children and youth and national commissions for women, population and minorities, we now need a separate ministry or an independent state minister for senior citizens," he proposes.

Silver Innings is an initiative by four youngsters: Sailesh Mishra from Mira Road, Hendi Lingiah from Paris, Prof Parul Kilbilwala from Kandivali and Swati from Chembur, who have come together for a common cause.

"Information available in the public domain on elders is incomplete and not updated. There are many website’s for seniors, but most of them are being run by organisations and provide info on service provided by themselves. But there are hardly any website that gives objective and comprehensive information on the issues and problems of elders. This is the gap that Silver Innings fills in, like a super market where you get everything under a single roof," says Mishra.

This website will host sections on health and medical issues, finance and investments, law, leisure activities and hobbies, help line and counseling services and a directory of old age homes and other services needed by the elder population and their family members.

Sailesh says Silver Inning is silver line (ray of hope) in dark cloud and a new beginning for our Elders.

As part of their objective promoting Elder Cause, Silver Innings facilitated The Family welfare Agency, Mumbai for their grass root level work for the Elderly in Mumbai’s five wards.
About John Thattil – Guest of Honour
John Thattil, Regional Director (West) - Help Age India, A secular, not-for-profit organization set up in 1978, and since then have been raising resources to protect the rights of India’s elderly and provide relief to them through various interventions.

About Shailesh Gandhi – Chief Guest
An IIT graduate and career engineer, now Renowned RTI Activist, Social Crusader, He is also the ex-chairman of the IIT Bombay Alumni Association and continues to be a member of the IIT Bombay Alumni Board.

About Sailesh Mishra
Founder, Silver Innings. He left his corporate job of Fifteen years for Social Sector and now passionately involved in Elder Care for more the Three years.





Vital Statistics – Elder Population
Aged as per 2001 Census 7, 66, 22,321: 7.5% of Total population

Aged Male 37,768,327: 7.1% of total population

Aged Female 38,853,994: 7.8% of total population

General population in Rural 72.2% People in Urban 27.8%

According to UN urban population in India will increase from 30 % in 2010 to more than 50 % by 2045.

Projected Elderly Population in 2008 @ average 7.5% will be 8, 60, 75, 775
According to UN by 2050, nearly 20% of India’s population will comprise of people over the age of 60 years


Elder Population in Maharashtra as on 2001
Total Population: 96,878,627
Male: 50,400,596
Female: 46,478,031
Population of above 60 yrs. at National Average of 7.5%: 72, 65,897


According to UNICEF Life expectancy in India
In 1970 49 yrs
In 1990 58 yrs
In 2005 64 yrs
In 2008 68 yrs

According to UN Global life expectancy at birth, which is estimated to have risen from 46 years in 1950-1955 to 65 years in 2000-2005, is expected to keep on rising to reach 75 years in 2045-2050.

In developed countries, 20 per cent of today’s population is aged 60 years or over, and by 2050 that proportion is projected to be 32 per cent. And by 2050 there will be two elderly persons for every child.

According to World Life Expectancy.Com as on 2008 Global Life Expectancy:
India 68.6
USA 78
Australia 80.6
South Africa 42.5
China 72.9
Russia 65.9
Saudi Arabia 75.9
UK 78.8
France 80.6


www.silverinnings.com

Forget yourself for others, and others will never forget you.

Report Card for 2008 of Shailesh Gandhi - CIC

My conviction that Right To Information is the most potent change agent to make India a truly participatory Democracy continues to dominate my life. In the first quarter of 2008, RTI was able to uncover the fact that the Maharashtra Chief Minister's relief fund is used for Gazal programs, Foreign trips, making films; building the gym in the Governor's residence, and also the toilets in the Press Club of India at Delhi. In many other cases Citizens are using RTI to empower themselves to get the governance they want.

In August Arvind Kejriwal discovered that the Central Government had decided to appoint four Central Information Commissioners in an arbitrary and opaque manner. He suggested that we should challenge this, and also suggest some alternate names. A few names,-including mine,- were suggested to the Selection Committee comprising of the Prime Minister, Leader of Opposition and the DOPT minister. My name was selected by this Committee;-I have no idea why,- and I was offered the post of a Central Information Commissioner. Though I believe that the process by which I was selected was flawed, I accepted. I saw an opportunity to deliver what we were demanding from Information Commissioners.

The backlog of cases has been building up at the Information Commissions at the States and the Centre. Commissioners across the Country are individually disposing 70 to 1500 cases each year, leading to mounting pendencies; whereas they should dispose over 4000. Most Commissions,- like the judiciary,- have rendered most laws meaningless, by allowing huge backlogs to develop. This has resulted in the common Citizen being deprived of the rule of law. Denial of Justice by delaying, has become the norm in India. I saw a similar fate for the Right to Information act at the hands of the Information Commissions. When shifting to Delhi to take up this position, I made a Public commitment that I would ensure that the pendency of cases before me would not be more than 90 days by April, 2009.

I took charge on 18 September and discovered that there was almost no office or staff available. I was given 11 departments including Municipal Corporation of Delhi, Delhi Government and HRD with a total pendency of about 1650 cases. In October, -when I started my hearings and disposals,- my staff was of 5 people. The task looked daunting. I then started finding staff for my office, who have to be hired through a Contractor. The Government offered to give me some (Computer) illiterate staff¹, which I have refused. By November, I had a total of 12 people with me, but was told that only 8 people would be paid by the Government. Therefore I have four interns who are not paid by the Government. The Government will provide me more than 8 people, only if I am prepared to take (computer) illiterate staff.

However, there is an immense feeling of satisfaction, since I have been able to dispose over 450 cases in December itself. In October-November I had disposed 333 cases. By April 2009, I will be able deliver on my promise of having a pendency of less than 90 days. I see no problem in disposing over 4500 cases in a year. The Central Information Commission presently gets about 14000 cases in a year and has one Chief Information Commissioner and seven other Commissioners. If each Commissioner disposes atleast 3000 cases² per year, there need not be any backlog. Citizens will insist on accountability of a minimum disposal from Commissioners, and a fixation of norms. If the Government appoints Information Commissioners without norms³ of a minimum performance, it would only be a burden on the Public exchequer, without any benefit for the Right to Information.

My New Year Promise for 2009

I shall ensure that over 95%

of the appeals and complaints before me will be disposed in

less than 60 days by September 2009.

A Very Happy and Informative Year for all of us.

Shailesh Gandhi

Mera Bharat Mahaan.. Nahi Hai,
Per Yeh Dosh Mera Hai.

1. For a Government which claims to be moving to egovernance, a very significant number,-perhaps over 50%,- of Government officers are (computer) illiterate.

2. The average disposal of a Bombay High Court judge in 2006 was 2530 per judge.

3. Section 4 (iv) of RTI act

Forget yourself for others, and others will never forget you.

PROTEST MARCH ON 20TH JUNE 2009 in Mumbai

Dear All,

Yuvasatta-Youth Wing of Lok Satta Party, is organizing a protest against the Passing of the NAGAR RAJ BILL. The form in which this bill is passed makes a mockery of the whole process and initiative at decentralization and citizens' participation in Urban Governance. It shows how reluctant the State Government is to relinquish powers even as low a level as area sabhas.

We all know the present method of Governance is highly impractical.

o One elected corporator cannot meet the aspirations of 40000 – 650000.

o The bureaucracy, who run different corporations in the cities, is not actually accountable to citizens of a ward or area.


Therefore the Nagar Raj Bill was proposed to bring PARTICIPATION, ACCOUNTABILITY AND TRANSPARENCY.

In a rural area, we have one elected representative (Panches and Sarpanches) for approximately every 425 voters and about 650 people and it are physically possible for an elected representative to serve the people.


LIKEWISE WE NEED TO HAVE AREA SABHAS IN THE CITY


Through ASR concept in cities, we will have one elected representative for about every 1000 voters and about 1700 people.


The formation of AREA SABHAS in urban localities will bring the following change:


§ Periodic Area Sabha meetings, citizens participate in the governance of their area. They decide the priority of works to be done and see that their taxes are utilized correctly.

§ Citizens themselves get a say in the utilization of various government policies and schemes. Thus saving valuable tax payers money which otherwise is siphoned off…

§ Area Sabhas will also help in strengthening communitarian bonds, building trust and providing a safe and incident free neighborhood.



The Maharashtra Government as highly dilutes this bill in the form of Amendments to the Mumbai Municipals Corporation Act.

1- Area Sabhas will be for up to five polling booths (5000 citizen) - Thus making it ineffective

2- ASRs will be Nominated by govt.. - Thus only political cronies will be appointed and making people further away from the system.

3- ASR will not be members of Ward Committee. - Thus their role is not defined and will make mockery of the whole concept.

4- No ward committee at corporator ward level. - Thus nothing changes at grass route level and no platform for "Local Self Governance"

5- Existing WARD(S) COMMITTEE will continue without transferring functioneris etc. - As it is they are non functional in true sense and not bringing governance closer to people.


WHAT SHOULD HAVE BEEN DONE?

Maharashtra Government should have simply adopted the Model Nagar Raj Bill in toto and given it supremacy or overriding effect over the provisions of the BMC Act (Bombay Municipal Corporation Act) by providing that –

"to the extent the provisions of the Nagar Raj Act" are inconsistent with or contrary to any of the provisions of the BMC Act; the provisions of the Nagar Raj Act shall prevail."

We invite you to participate in our protest on Saturday 20/06/2009 at 3:30 PM – Azad Maidan, CST.


Remember

Nagar Raj Bill = Participation,Accountability & Transparency

Nagar Raj Bill Passed by Maharashtra Assembly = None of the above !

Sum Total= Power with corrupt 'Netas' and not Citizens.

Don't wait for another 26/11 to wake up !!!

Join Us.................
RUBEN : 9820249942

NIKITA: 9920020919

ROHIT: 9820687638

AJAY: 9892614014

SHAILESH: 9820213888


Posted by Loksatta - Maharashtra : loksatta.maharashtra17@gmail.com


Forget yourself for others, and others will never forget you.

Essential transparency in judicial and quasi-judicial institutions

I had made a commitment when I was made an Information Commissioner that I would ensure that I decided most of the cases before me in less than 3 months. By and large, I have been able to fulfill this promise and perhaps the average time for decisions must be around two months. Sometime in June 2011, a RTI application was received by my PIO, asking for the decision in a case registered in May, 2010. My staff could not locate the decision anywhere! I realized that the case had not been listed for hearing inadvertently, and no decision had been given. I realized that if a mistake had been made in one case, it could have been made in some others as well. A careful search of 2010 cases revealed another 110 cases which had been forgotten and missed completely! 
 

         We listed these for hearing and in one of them, there was a heart rending story. A Government employee had died in 1993 leaving his widow and young children. The widow was illiterate and poor. Since 1993 she had been struggling to get the pension she was entitled to. Since she was illiterate, she probably could not pursue the matter properly and each time there was a great delay, the system required many more proofs to establish her claim. By the time she barely managed to submit the required papers, it took years and office inefficiencies would not take decisions for some years! The lady appeared before me with her son who was an unskilled laborer, and both of them could not describe the exact sequence of events. The PIO however assured me that all the papers had been put in order and she would get her pension and all the dues soon. It will always haunt me for my life,- that despite running a reasonably efficient setup,- after her 17 year struggle, I was instrumental in delaying succor to her by a full year. 

          This set me thinking and I realized that there could be many such mistakes, which could result in untold suffering to Citizens who approach judicial and quasi-judicial bodies. In most cases there is no list which citizens can access which will tell them, whether their cases are in queue, and whether any logic is being applied in taking up the matters waiting in this queue. I feel upset when I see anyone jumping a queue at the airport, and in judicial and quasi-judicial bodies, the citizen cannot even see the queue. It is necessary that there is transparency in this matter, and citizens can see the queue and also feel assured that it is being dealt with in a transparent non-arbitrary manner. All judicial and quasi-judicial bodies should first ensure that this queue is very short and also give visibility to citizens in the way they take up the cases. 

         I took up the matter of listing pending cases in the Central Information Commission with the Chief Information Commissioner, who readily agreed. The ‘List of pending cases’ has been displayed on the website of the CIC at www.cic.gov.in and will be updated every month. In the Central Information Commission which is just six years old, this will lead to an opportunity for us to correct mistakes and also reassure citizens that there is fairness in taking up their cases. In most Commissions and judicial bodies, Citizens suspect arbitrariness and corruption in the listing of cases. The simple act of listing all pending cases publicly, will go a long way in restoring Citizens confidence in these Institutions, and also act as self- regulating check.

Shailesh Gandhi

Central Information Commissioner

The views expressed by me are my personal views and may  not represent the views of the Commission.

15 January 2012.

Email: shaileshgan@gmail.com

Forget yourself for others, and others will never forget you.

SHAME SHAME - CM's relief fund used for recreation

Successive governments in the last decade have disbursed crores of rupees from the CM's Relief Fund for non-calamity-related reasons, a reply under the Right to Information (RTI) Act has revealed. The CM's OF Maharashtra Relief Fund was set up in 1967, with the primary intention of providing relief during calamities.

The fund, like the PM's Relief Fund, gets generous contributions from individuals and institutions across the country, especially during disasters and war.

TOI had in its March 15 edition reported in detail how crores of rupees were disbursed from the CM's Relief Fund from 2003 to 2005 for trivial reasons like kabaddi competition, women's football matches and ghazal contests. Now, details of the fund in 1996-97 (Sena-BJP rule) and 2006-07 (Congress regime) have revealed a mixed bag of disbursals.

In 1996-97, Rs 4.12 crore was given to various institutions and individuals, out of which Rs 3.28 crore was given to recipients who got over Rs 50,000 each. In 2006-07, Rs 15.98 crore was given to various institutions and individuals, of which Rs 12.95 crore was given to recipients who got over Rs 50,000 each.

“A cursory look at the two lists reveals that in both these years crores of of rupees were being disbursed for events that were in no way related to calamities,'' said RTI activist Shailesh Gandhi, who filed the query.

For instance, the Maharasahtra Rajya Kustigir Parishad wrestling conference and competition received Rs 2 lakh, the Jagatik Marathi Parishad Conference held in Jerusalem received Rs 10 lakh and the Umesh Shenoy ticket exhibition in Atlanta received Rs 51,000. For a foreign trip to New Zealand, the Beed-based Bhagwan Raosaheb Lomte received Rs 1 lakh. During 2006-07, the CM's Relief Fund gave Rs 1 lakh to Ramdas Padhye for participating in a puppet festival in Czechoslovakia and Rs 5 lakh for the Ishwardas Chunilal Yogic Health Center's international conference.

Meanwhile, the CM's Office held that relief funds can be given to institutions and individuals from different walks of life. “The 2001 government resolution clearly states that funds can be disbursed to cultural, social and educational initiatives and institutions. There is nothing unlawful in the disbursal of funds. Each case has been given on merit and after careful scrutiny by the chief minister himself,'' a senior official with the CMO said.

The CMO stated that in 2006-07, for instance, Rs 2.8 crore was disbursed to 3,708 individuals who needed urgent medical care. In the last three months alone, Rs 3.06 crore was given to 3,751 people.

In 2006-07, Rs 1 crore was given for victims of the bomb blasts and “riots,'' the CMO official said, without specifying what the ‘riots' were. Rs 1.6 crore was given for socially underprivileged people, Rs 65 lakh was given to poor students, Rs 19 lakh to economically backward sportsmen, Rs 3.5 lakh for cultural conferences and Rs 17 crore for assistance following farmer suicides, he added.

But Gandhi said, “The word ‘relief' in the CM's Relief Fund clearly means it is for urgent relief. The fund attracts exemptions under income-tax because the money must be given for calamity-related public causes.''

By Viju.balanarayanan

Source: http://timesofindia.indiatimes.com/Mumbai/CMs_relief_fund_used_for_recreation/articleshow/2969382.cms



Forget yourself for others, and others will never forget you.

RTI should become a public movement

I WAS AMONGST the fortunate ones who attended the first-of-its-kind RTI activists’ meet at the BCAS Foundation’s Mumbai office on Monday, the 6th August ’07. RTI activists from across Mumbai attended the meet, organised by BCAS Foundation and the Public Concern for Governance Trust (PCGT).


Those present included Mr. Julius Ribeiro, Ex-Director General of Police, Mumbai, Mr.Shailesh Gandhi, Mr.Narayn Varma, Mr Bhaskar Prabhu and representatives of the Times Foundation.


The current RTI scenario and the problems faced by the activists were discussed at the meet. Participants opined that the Act faces a lot of resistance from the government and bureaucracy. Perhaps because the government rushed the legislation through, teething problems persist to this day. The mindset of the politicians and bureaucrats has to change. The legislation is just two years old and unfortunately we need to fight a 58 year-old defunct system.


The RTI movement in fact started as early as 1976 when the Supreme Court declared (while dealing with the case of Raj Narain vs. the State of U.P) the right to information as being part of the fundamental rights under Article 19 of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. The Hon’ble Court said that people cannot speak or express themselves unless they know.


After hectic lobbying by the activists and citizens concerned, the efforts of civil society for the right to information were finally rewarded. On 10th May 2005, the RTI Amendment Bill 2005 was tabled in the Lok Sabha. The Bill was rushed through - the Lok Sabha approved it on 11th May 2005 and the Rajya Sabha on 12th May. On 15th June 2005, the President gave his assent to the National Right to Information Act, 2005. After the presidential assent, the Central and State governments had 120 days to implement the Bill in its entirety. The Act formally came into force on 12th October 2005.


RTI Act provides the right to information which the common man can access with the help of public authorities, in order to promote transparency and accountability in the working of every public authority.


RTI Act 2005 empowers every citizen to:

• Ask any questions of the government or seek any information

• Obtain copies of any government document

• Inspect any government document.

• Inspect any government works

• Collect samples of materials of any government works


But according to me, the bigger challenge now is the actual implementation of the Act which alone can help the society in benefiting from it. Filing RTI initially is an easy task but then to file appeals and to benefit from it is a painstaking effort. RTI activists need to have lots of patience and domain knowledge to succeed over the devil of the “corrupt system of 60 years”.


Some of the measures like mass public awareness, publication of PIO (Public Information Officers) directory, training of PIO’s and government staff need to be conducted with the joint participation of government and organisations dedicated to RTI.


The RTI Act provides an avenue to the common man to seek information, ask for action taken and make government and the system more accountable and responsible. It will in fact become a tool for ensuring better governance. Mr. Julius Ribeiro rightly said that this would only happen when RTI becomes a public movement and every citizen exercises it as his / her fundamental right.


So let us come together and support this noble national movement, the Right to Information.

Source:http://www.merinews.com



Forget yourself for others, and others will never forget you.

Private airlines strike

The maid who works in my house was telling me that things are becoming very expensive. She told me that the rice she got for Rs.8/- per Kg. in 2005 had become Rs.18/- per Kg. now. I have not seen my personal expenses going up in that proportion. In 2005 February the round trip from Mumbai to Delhi had cost me Rs.14,000/- for an economy class air ticket. Now I am able to undertake the same trip for about Rs.8000/-. Thus, whereas rice and other essential food items have gone up by a huge proportion, the cost of air travel has gone down substantially. I had thought this was the result of the magic brought about by the Economies and Vision of invincible private enterprise which had changed the entire scenario of air travel in the Country. Coupled with this was the fact that our Airports are becoming better since have also been handed over to the efficient private sector.



The private airlines are now saying that they are losing money and the Government must bail them out. And who is paying for the losses? It appears most of the Money for paying the loss is made available by not paying for the aviation fuel supplied by the public sector oil companies. The Airlines have threatened to go on strike, and the signs are that the Government will capitulate since the Nation would otherwise suffer. It is ironical that Private Enterprise first declares its great efficiency and reduces prices to 50% and if it does not make money arm-twists the Governments to help them. It may be that the Airlines have created great capacities which can only be sustained at very low prices. They are now demanding that the Nation must reduce taxes so that they can become profitable. The Government should allow the Airlines to take care of themselves, and go on a strike if they wish. A monopoly in the skies may help Air India’s bottomline. If it is Heads private enterprise wins, tails and people lose.





By Shailesh Gandhi
shaileshgan@gmail.com



Forget yourself for others, and others will never forget you.

NGOs ask for ban on anonymous donations to be repealed

Charitable organisations collect a substantial proportion of funds through donors who prefer not to reveal their identities—the government’s ban is eliminating their sources for finance

Non-governmental Organisations (NGOs) have been crying out against the government's diktat on taxing anonymous donations for some time now. The finance ministry had clamped down on anonymous donations to (non-religious) charitable organisations to prevent money laundering. However, a number of NGOs say that because of a few isolated incidents, many charitable entities have been affected.

Noshir Dadarwala, chief executive, Centre for Advancement of Philanthropy, has sent a petition to the Parliament of India Committee on Petitions (dated 29 June 2010), asking for the curbs on anonymous donations to be repealed.

Section 115BBC was introduced for the first time in the Finance Act, 2006, to tax anonymous donations to charitable organisations at the maximum marginal rate of 30%. Subsequently, a degree of relief was granted under the Finance (No 2) Act, 2009, that such anonymous donations aggregating up to five years of the total income of an organisation or a sum of Rs1,00,000-whichever is higher-will not be taxed.

"We are of the view that Section 115BBC, even after the amendment made by Finance (No 2) Act 2009, is a deterrent for genuine charitable organisations to mobilise funds for welfare and developmental work from the general public or ordinary citizens who are motivated to give for altruistic and not money laundering reasons," said the petition sent by Mr Dadarwala.

Mr Dadarwala, along with other NGOs, has met members of the Parliament of India Committee on Petitions in Mumbai to discuss the scrapping of taxes on anonymous donations.

NGOs argue that a number of leading charitable organisations mobilise their funds by placing their donations in collection boxes at shopping malls, airports, hotels and other public places where a number of ordinary citizens feel motivated to contribute money for a good charitable cause, be it for senior citizens, the
visually-impaired, impoverished street children or cancer patients.

"We are however of the view that a very large number of genuine charitable organisations and NGOs raise funds through collection boxes and people who put money into these boxes mainly comprise children and ordinary citizens of this country who may have heard about 'black money' but don't have any and contribute to charitable institutions only out of a genuine charitable impulse," added Mr Dadarwala.

Schools and colleges also raise money for various charitable causes with students going from door to door or requesting ordinary citizens in the streets to put money in collection boxes. According to Mr Dadarwala, NGOs which cater to orphans, cancer patients, and the mentally disabled are the ones who are most affected, as these organisations get nearly 30% of their annual donations from charity boxes.

"Leading NGOs collect lakhs of rupees annually through such collection boxes. Now, thanks to Section 115BBC of the Income-Tax Act, several NGOS have been forced to pull out these collection boxes," he added.

According to Shailesh Mishra, the founder of Silver Lining, an NGO which looks after senior citizens larger NGOs are affected by the provisions as they receive more anonymous donations, while smaller NGOs may not be affected.

Read more: NGOs ask for ban on anonymous donations to be repealed - Moneylife: Personal Finance Magazine

Forget yourself for others, and others will never forget you.

Open Letter to the Mayor, Leaders of the Political parties and Corporators of Mumbai

We are happy that the MCGM is scheduled to reopen consideration of its proposal for redevelopment of the Mahatma Jyotiba Phule Market. Numerous citizen and urban planning groups have declared that the proposal, as presently passed, is not in the public interest, will gift away municipal and public assets and should be rescinded. Many Corporators and leaders in the Corporation have been persuaded of the validity of this view. Hence, this welcome rethink, scheduled for February 14, 2008.

Where licensees now occupy sheds covering some 6,000 sq mtrs, it is proposed to build a multi-storied structure of nearly 66,000 sq mtrs. Checking with numerous builders the cost of construction is Rs 16,000 per sq mtr and sale price is conservatively estimated at Rs 3.5 lakhs per sq mtr. This means a give-away to the builder and licensees of over 1000 crores. In turn MCGM would only be getting a free a paltry construction worth less than rupees 42 crores. This whole pocess is being done without any tendering.

The proposal was passed by voice vote, in less than a minute, on the floor of the Corporation. The same principles are to apply to the other 100 Municipal Markets. The total public loss is likely to be over Rs 6,000 crores. Detailed workings have been sent to many Corporators. The media have also highlighted this consistently. Some implications:

1. This is a Grade I heritage precinct. Its priceless value, worthy of Jyotiba Phule, will be lost.

2. The purpose of providing a market which the MCGM must fulfill will be lost.The proposed structure will not be used as a Municipal Market.

3. Over 10 times the present area is to be occupied. The traffic there, already very bad,will become a nightmare, only correctible at a cost of further hundreds of crores.

Excellent designs have been made for sensitive additions at the Jyotiba Phule market with an FSI of about 1.5 which would be profitable for the MCGM and not entail any expenditure by it. These would retain the heritage value of the precinct, keep the traffic at manageable levels and serve the purpose of fulfilling the MCGM’s duty.

We are sure you will see the anti-city, anti-people nature of the present proposal and will resend it. If however you decide otherwise, we demand that these issues be discussed in the House and reasons explained to Citizens.



Sd/

Sam Variava, B.G.Deshmukh, Charles Correa, D.M.Sukhthankar, Medha Patkar, Julio Ribeiro, Kumar Ketkar, Nana Chudasma, Abhijit Desai, Anandini Thakoor ,Aroop Sarbhadhikari, Ashad Mehta , Bhaskar Prabhu, Bhaskar Sawant, Darryl D’monte, Dolphy D’souza, David Cardoz, G.S. Pantbhalekundri, Gautam Patel, Gerson Da’cunha, Kekoo Gandhy, Meher Rafaat, Nayana Kathpalia, Neera Punj, Raju Moray, Rishi Agarwal, Shireen Bharucha, Shailesh Gandhi, Sharad Kale, Shyama Kulkarni, Simpreet Singh, V.K.Pathak, Vikas Dilawari, Vinay Somani, Bhagwanji Rayani, ,Gaurang Vora, Shyama Kulkarni, Simpreet Singh, V.K.Pathak, Vidya Vaidya, Vikas Dilawari, Vinay Somani, Anand Castelino, S.K.Nangia.

Posted by Bhaskar Prabhu wearcrft@bom3.vsnl.net.in



Forget yourself for others, and others will never forget you.

Celebration of "Active Patriotism" on India Independence Day:15th August

Dear fellow activists and fellow citizens,

This 15th August, let us joyously re-dedicate ourselves to our nation with Active Patriotism.

WHAT IS "ACTIVE PATRIOTISM"?

Through the use of RTI Act 2005 and activism, ordinary citizens like us can individually do something for India's betterment by monitoring the government and administration. This is "Active Patriotism".

Come, join us on this Independence day to celebrate and re-dedicate ourselves to using RTI to bring our Swaraj. We are now empowered Citizens, so let us celebrate.

WHAT, WHEN, WHERE?

On Friday, 15th August, we meet at 5 pm at Marine Drive sea face- opposite Charni Road railway station to celebrate. Do bring banners and placards with your own slogans and messages. Come and sing your songs so that we all celebrate our RTI and Independence together. Let us have balloons, and ribbons. We shall of course have our tricolour to inspire us. We shall also have a street play, inspiring music and 3-minute pep-talks (success stories) to enthuse onlookers and passersby in seeking information and public accountability through the RTI Act.

Bring along your guitars, mouth organs and lots of friends.


Jai Hind!



This event is supported by:

AGNI, BCAS Foundation, Citispace, F North Ward Citizens' Federation, Ghar Bachao Ghar Banao Andolan, Giants International, H West Ward Federation, Janhit Manch, Mahiti Adhikar Manch, Nagar, Public Concern for Governance Trust, Sahasi Padyatri

--
Love
Shailesh Gandhi
www.satyamevajayate.info

Issued in Public Interest by Silver Inning Foundation

Forget yourself for others, and others will never forget you.

Citizens of Mumbai and Maharashtra need to Unite

The Shiv Sena’s is trying to enforce its diktat that Sharukh Khan’s film must not be shown, since he has had the courage to exercise his fundamental right to express himself. The Government appears to be willing to defend Mr. Shahrukh Khan’s fundamental right this time, and Citizens must stand up to support this filmstar who is standing erect to defend our fundamental rights. It is about time, Citizens rally and declare that we will not be terrorized by some people who want to curb our fundamental rights.

We condemn everyone who seeks to terrorize us with threats to our freedom and peace. It does not matter whether they come from within the country or from a foreign country. Thousands of Citizens of Mumbai and Maharashtra need to express their desire individually to defend our freedom.

Posted by :
Shailesh Gandhi
Mera Bharat Mahaan..
Nahi Hai,
Per Yeh Dosh Mera Hai.


Forget yourself for others, and others will never forget you.

Can Blogs play the role of alternative media?

HUMAN BEINGS are social animals who do not like to live in isolation. The need to interact, express, share and communicate ones feelings thoughts, insights, experiences, knowledge and information has been a crucial element of human behaviour.

However the ever growing modernisation and urbanisation has brought in a culture where the boundaries of social interaction on one hand are becoming very narrow with face to face interaction being used only for a purpose – to accomplish some work, fulfil some task and on the other hand growing technology is giving wider opportunities to people to express themselves, find supporters, share about their learning and experiences with an option of keeping their identity a secret.

Blogging – an innovation in this internet era has become so popular across the globe that every year more and more internet users are turning into bloggers.

Blogging is a free internet service where individuals can write about almost anything thing they want to express or share with the world. It is for many an online journal, for others it is used as an account of experiences, insights and learning. Some use it to share jokes, stories, their experiments in writing, illustrations and photography. A few use it to promote various social causes. Some vent out their feelings about the current happenings.

A friend who lives in the world of blogs says, “I get to express myself through my blogs. I write about anything and everything that I feel like writing.”

Another said, “I like to read other people’s blogs and when I find like minded persons, I am sure to comment. Infact, I have made many friends that way.”

For Ankush, who feels that he is often misunderstood when he shares about his experiences and insights with his colleagues or friends writes a blog everyday and feels very peaceful and stress free after writing.

Blogs thus are not only a medium of expression but also help in relieving stress, trauma, boredom, loneliness and hence helps keep the mind healthy.

After working in the corporate sector for more than 15 years, Shailesh felt that he wanted to do something more productive. He started working for many development organisations and also started an orkut community called, “People for Social Cause.”

Along with this community he started educating people and creating awareness among people through his blog in the same name. Through his blogs, he not only pens down his thoughts but also gives links to information on the issues of children, women and senior citizens.

Similarly, Kanwa, believes that he can bring in awareness among people through his motivational and insightful stories, which have touched him and changed his own life.

An article on havefundogood.blogspot.com talks about different ways in which blogs can be used to promote a non-profit organisation and its cause.

Blogs, according to this article can be used for sharing news about the organisation by including bloggers in the press list, create a blog about your organisation and its cause, use blogs for fund raising and for seeking volunteers and supporters.

For a friend’s sister, writing has always been a hobby. Ever since she started blogging her confidence increased and now she has started writing features for various magazines and newspapers. She feels empowered through her writings and says, “One starts looking at things differently when they pen them down.”

Preeti a young lady, who survived a lot of domestic violence and managed to separate from her husband shares that very often she would feel lonely and internet blogging has thrown open a new world to her. She now writes blogs and even gets paid for writing.

Today, one can earn a good sum by simply writing blogs and reading other people’s blog. This has brought in a financial benefit to blogging. Advertisers have started making full use of blogs to advertise their products and every hit on a blog ensures visibility and potential business and thus has brought in a new dimension to e-commerce. It is thus a low cost medium to increase business especially a very good option for start up businesses.

Blogs provide rich data for the purposes of both social and market research as people write about their feelings, attitudes and perceptions. A report in Contentsutra.com recently talked about companies like Nokia which used blogs and discussion boards to validate their consumer research, bringing in a new phenomena of webnography in the field of research.

Another recent development is use of blogs to advertise vacancies and recruitments. Various placement agencies are now exploring the use of blogs for this purpose. The manhunt does not end with just placing vacancy advertisement but moves on to checking the credibility of the candidate, his attitudes and perceptions, which will aid in taking a decision. Vice versa, candidates also have started using the blogs to get an idea about the company culture and opinions of other employees in the company

The benefits of blogging are thus truly very vast. It is fast becoming a very powerful media useful in all walks of life. Thus it is right to say that blogging has arrived and is here to stay.
By Sharmila Govande


Source: http://www.merinews.com/catFull.jsp?articleID=129085

Forget yourself for others, and others will never forget you.

Invitation for Launch of Website for Senior Citizens

It's our pleasure to Invite you for the Launch of "Silver Innings" a dedicated and comprehensive website for Elders.

Silver Innings is a new beginning for our Elders. We at Silver Innings are committed to ensure that ageing becomes a positive, rewarding experience for all. Ageing gracefully is the way of life we promote. We wish to help elders and their family members to overcome the challenges of ageing and show them the way to live with dignity in their sliver years.

Chief Guest: Mr. Shailesh Gandhi, Renowned RTI Activist, Social Crusader, ex-chairman of the IIT Bombay Alumni Association, Founder of www.satyamevajayayte.info , Working Committee Member of the National Campaign for People's Right to Information

Guest of Honour: Mr. John Thattil, Regional Director (West) - Help Age India

Venue: Mumbai Marathi Patrakar Sangh Auditorium, OPP BMC HO, next to Azad Maidan,Mumbai -400001

Date: Thursday 10th April 2008

Time: 3 pm to 5 pm

Programme:

3pm Introduction and Felicitation

3.20 Launch

3.30 Address by Chief Guest, Guest of Honour and other dignitaries


Silver Innings, A New Beginning…………………

PS: Programme will start at 3pm Sharp


RSVP


Sailesh Mishra
Founder – ARDSI, Greater Mumbai Support Group
Advisor - Society for Serving Seniors
Managing Committee Member - ARDSI, Mumbai Chapter
Mobile: 0091 9819819145
Blog: http://peopleforsocialcause.blogspot.com/
Email: sailesh2000@gmail.com

Website for Senior Citizens : Launch date 10th April 2008

Forget yourself for others, and others will never forget you.

RTI Bachao, Pendency Hatao

The RTI Act is beginning to take the shape of a great Citizen's campaign;- empowering Citizens to monitor and get accountability from their Government. Maharashtra State had about 25000 RTI applications in 2004 when the State act was in operation. After the National Act came, over one lac applications were made in 2006. The State PIOs received over 3 lac applications in 2007, and this puts Maharashtra leading the nation in RTI usage. At this rate the number of RTI applications is likely to touch the figure of over 10 lac applications by 2009.

The final adjudication for all RTI matters is with the Information Commission. This is now becoming a bottleneck since over 16000 second appeals and complaints are pending with them. They are presently clearing appeals of 2006, and if this continues the Citizen will have to wait over two years to get a decision from the Commission, effectively subverting this timebound Act.

The State Information Commissioner responsible for Pune division, Shri V. V. Kuvalekar has responded to this crisis with an innovative method to correct this situation and deliver the RTI act to the Citizens. He will share the details of this initiative at K.C. Law College on Wednesday, 28th May.

The program is being organized by K.C. Law College. I will introduce the topic and highlight the perils faced by RTI by the mounting pendencies at the Information Commissions.

In this context the experiment by Mr. Kuvalekar is very significant and needs to be highlighted and supported. He will also commit to a norm for disposing second appeals. Mr. Kuvalekar will be showing a short film to explain his methodology. He has also consented to answer queries on his innovation and the State of RTI to members of media and Citizens.

It will be a very significant event for the Right to Information movement and is open to all Citizens and members of media.

Title: RTI Bachao – Pendency Ghatao - Information Commissioner of Pune innovates.
Venue- K.C.Law College, Ist floor ,near Churchgate Station.
Time: 5.00pm to 7.00pm.
Date: Wenesday 28th May, 2008Mr. Kuvalekar is former editor of Sakal, apart from being a celebrated writer of scripts and lyrics in Marathi movies. He will speak in Marathi.

Shailesh Gandhi
http://shaileshgandhi.blogspot.com/

Forget yourself for others, and others will never forget you.

Decadent Governance

As an Information Commissioner i come across situations which raise some fundamental doubts about our Governance. Information comes into Public domain, but the Governance structure appears to be unable or unwilling to do anything even about blatant illegalities. Since i have a conviction that Citizens have the power and authority to bring corrections in our flawed governance, i want to share the details of one such instance.

To begin at the beginning. A citizen asked about proof of whether a mobile tower which had been erected on top of an existing building had been given permission as required under the law by the Municipal Corporation of Delhi. The information was revealed after some coaxing that no permission had been given. The PIO promised to take action. But inspite of a complaint to the Municipal Commissioner and the Police Commissioner no action has been taken to bring down the tower which could pose a hazard, endangering the lives of people staying in those buildings. The Additional Commissioner (Eng.) has revealed the fact that out of 4532 mobile towers in Delhi only 2015 have the requisite permissions and 2517 are without MCD permission! Thus large corporates are putting up the mobile towers on the terraces of existing buildings without legal permission ;- an example of Corporate Social Irresponsibility?

The Additional Deputy Commissioner of Police undertook an inquiry and came to the conclusion that the police cannot take any action since all ‘unauthorised development’ in Delhi has been given official protection by the Delhi Government by Section 3(2) and (3) of the NCT of Delhi Laws (Special Provisions) Act, 2009. By this provision all unauthorized developments like mobile towers are given protection from any punitive action during the year 2009. I had heard about mafia protection for illegal activities, but am surprised that protection is offered by the Government under the garb of a law!

To install a mobile tower there is a requirement of obtaining a stability certificate to ensure that the building is not likely to be endangered by putting additional load on top. MCD has specified that the stability certificate will be accepted only if it is issued by one of the five agencies approved by it. One of the approved agencies is IIT Delhi. During the course of a hearing at the Commission it has been recorded, “The Appellant had pointed out there are two certificates issued for the same address. The PIO has stated that the faculty members in IIT issues a stability certificate based on the drawings provided by the client in which the address is mentioned. The PIO also states that no records are maintained by the IIT of the drawings. The Commission has taken a look at the stability certificate provided by IIT which states, ‘This building is safe and capable of resisting the forces and moments which may be increased or altered by reason of the additional structures for 15 meter three legged tower with GSM and MW antenna….’. The wording of this certificate appears to indicate that it is certifying the stability as existing whereas the PIO described that it is a certificate based on a drawing with an address which is not verified at all. Given the fact that the IIT does not maintain any copy of the drawing with itself, this process appears to have great potential for misuse. Statutory bodies which permit these towers and IIT would do well to take a look at these practices which may have the potential of endangering safety. Alternately people may discover that there is no need for such certification in which case it would be done away with.” I am distressed that any engineer can issue a safety certificate for an existing building without even looking at it! If some of the buildings collapse, an Enquiry Commission will get a few years work at Public expense.

To me the foregoing gives an indication of some fundamental reasons for the steady decline in the rule of law and decadent Governance.
The key elements are:
1. Major Corporates are flouting the laws by operating without the permissions in over 50% cases.
2. MCD will take no action against them.
3. The Delhi Government will offer protection to unauthorized activity by major Corporates by law.
4. A Premier academic institution issues safety certificates in a manner which is completely flawed.


This is a potent combination whereby conscious collusion and inactive passivity leads to a society where the rule of law is effectively subverted by the powerful, leading to a decadent governance structure. Institutions and Citizens need to find ways to correct this. This same set of conditions are seen in many situations across the country.



Shailesh Gandhi
CIC
India


Forget yourself for others, and others will never forget you.

Right to Information Act : An Important Tool for Stronger and Vibrant Democratic Process in India

The Right to Information (RTI) Act of 2005 promises to promote transparency and accountability in the working of every public authority. This Act is supposed to enable people to responsibly scrutinise government officials and legal processes. The Act emanates from what the Indian Constitution guarantees itself. Under Article 19 (1) (a) the Constitution guarantees every citizen freedom of speech and expression with certain restrictions. Logically to allow the exercise of freedom of speech and expression effectively the country needs an informed civil society.

In 1975 itself the Supreme Court observed that in a responsible government as ours, where all the agencies of public service must be responsible for their conduct, there can be only few confidential matters. The people of the country have a right to know the details about the functionaries’ function. In this context, Supreme Court judgements have made it mandatory for candidates to disclose certain information while contesting elections.

The RTI Act states that public authorities shall make known the particulars of facilities available to citizens for Public Information Officers. According to Section 7 of the Act within 30 days of the receipt of the request, either the information be provided on payment of fee if any or the request rejected and the reason(s) mentioned. If information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours. There is a provision for appeal within 30 days. The Information Commission can impose a penalty on the Public Information Officer amounting to Rs 250 each day delayed till the information is furnished. This Act exempts certain intelligence and security organisations from its purview (Chapter VI). However, information on corruption and human rights violations are not excluded under this Section. Information on human rights violation is to be provided within 45 days.

Thus this Act puts in place implementation mechanisms and processes. However, there are certain issues of bureaucratic and political cultures and secrecy which are used to centralised control of information. In the year 2006, the Central Government proposed certain amendments to the Act. It was interpreted by the Central Information Commission that the Act includes right to see file notings which show advices and opinions of bureaucrats on the concerned issue. However , the government argued that this right was not included in the Act in the first place. The Central Government is now ready to confer a limited right with regard to social sector expenditure and development projects only. Further, no information would be provided on ongoing matters. Only final decisions would be conveyed. Such changes would have gone against the very tenets on which the Right to Information is based.

Finally, a fierce protest by activists of certain States and people at large put a lid on attempts to limit the scope of this Act. Gandhian and social campaigner, Anne Hazare, who recently passed away, went on an indefinite fast in Maharashtra. In Delhi, protest rallies were held at Jantar Mantar. The Left also clarified that it would not support the Amendments Bill in Parliament. The government realised its image were on downslide and decided not to go ahead with the ‘Amendments’ .

THERE is another dimension of the RTI Act which needs to be deliberated upon. Sometime back BBC News reported that obtaining information through the RTI was a costly affair. A Chattisgarh farmer reportedly was presented with a bill of Rs 1,82,000 as cost of mimeographing documents. All that he had asked for was information on paddy purchases in his area. This is obviously to defeat the very purpose of RTI. It is clearly mentioned that information should be provided gratis to people living below the poverty line. A farmer could very well come in this category. Moreover, an Information Officer is required under Section 7(3) of the Act to intimate beforehand the applicant how much it will cost to provide information along with the method of calculation made to arrive at that amount.

Thus it becomes imperative that the government develops and organises educational programmes to create awareness among the public, especially the disadvantaged people, on how to exercise their right as envisaged by this Act. The Bihar Government has started a system where a person can file an RTI application by simply calling the helpline number. This is an important step wherein illiterate people can take recourse to RTI without going through cumbersome paperwork and procedures. Further, to make it more people-friendly, electronic mail facility can also be introduced. A recent decision by the Parliamentary Standing Committee on Public Grievances and Personnel to recommend scrapping of fees at the time of filing applications seeking information from the government departments under the RTI is a welcome step.

Of course like any other Act RTI also calls for judicious implementation. It should not be misused either. The Central Information Commission (CIC) has ruled out disclosure of information pertaining to bank account details under RTI on the ground that agreements entered into by banking enterprises with its customers were matters of ‘commercial confidence’. Further, while dismissing an application which sought information as to why certain tariff policy was framed by the Centre, the CIC has held that citizens cannot question governmental policies and plans through the RTI. In any case Sections 8 to 10 of the RTI Act exempt certain information from disclosure if it affects the sovereignty and integrity of India, the security, strategic, scientific and economic interests of the state, relations with foreign states or that may be subjudice, lead to breach of privilege of Parliament, State Legislature, or impede the process of investigation or endangers the life of a person.

However, in many cases the implementation of the Act has spelled success. Issues like public distribution system, privatisation initiatives, pensions and reforms, road repairs, electricity connections, telecom complaints have been dealt by people through the RTI. Many honest officers also feel strengthened as all decisions are now open to civil society and media scrutiny which will act as a deterrent to uncalled for political pressure.

Recently documents obtained under the RTI by a Ludhiana based NGO reveal that money collected for Kargil war relief and rehabilitation of tsunami and cyclone victims was misused by senior public officials. Bureaucrats heading local branches of the Indian Red Cross Society diverted this money to pay hotel bills. This case further highlights the importance of strict implementation of the RTI Act to cleanse the system of possible corruption.

Common men and women have both benefited from this Act. For example, a case of a petitioner who waited for 18 years to get compensation for a plot acquired before independence was resolved through the RTI plea. However, if we specially talk about women empowerment, then yes this Act has contributed in its own way in creating conditions for the woman to take recourse to a better well-informed decision-making process, even in her day-to-day life.

An issue that concerns women most is that of food security. In Delhi, women spearheaded the campaign to reform the public distribution, that is, the ration distribution system. Ration shopkeepers either used to keep their shops closed or enough supply was not available with them as prescribed. As soon as these women took recourse to the RTI, the ration shops opened, some shopkeepers even apologised to the people, the ration supply improved and licences of some corrupt shopkeepers stood cancelled. Thus RTI has added another dimension against corrupt practices. Moreover, with this Act in place, women can also access information on issues like domestic violence, harassment at workplaces, whether police is refusing to register an FIR in serious dowry related cases and deaths.

Thus RTI has helped people in making an informed choice. People have access to the decision-making process, reasons for government delays, for example, why a ration card is being unduly delayed. Common citizens can now escape harassment from public officials. However, the efficacy of law does not depend on its content but on its proper implementation. Governance has to be an open book and officials conscious of the fact that they are liable for omissions and commissions during their tenure for just and systematic work rather than doing things at the whims and fancies arbitrarily and getting away with it—after all the affected are the country’s common masses who bear the brunt of mismanagement. The RTI has to play a critical role in systematic corrections rather than limiting its success to individual cases. Then only the RTI Act can be considered a step towards ensuring a stronger and vibrant democratic process in India.

By Dr Bharti Chhibber ,Lecturer in Political Science, University of Delhi

Source: http://www.rtiindia.org/forum/3449-right-information-act-instrument-stronger-vibrant-democratic-process-india.html

Here I would like to mention Shailesh Gandhi who is spearheading the cause of RTI through his Team and website.He is Renowned RTI Activist, Social Crusader, ex-chairman of the IIT Bombay Alumni Association, Founder of www.satyamevajayayte.info , Working Committee Member of the National Campaign for People's Right to Information

Forget yourself for others, and others will never forget you.