2008-12-19

Shimla Diary: The Mystical Co-incidences at Tara Devi

Tara Devi Railway Station
Sunday the 14th December, the first holiday in the 21 day long course was eagerly awaited. The ardent traveler in me did awake early to catch the 8:15 toy train from Summer Hill station. This journey on toy train may not have been possible due to the packed schedule. The ASC was also reported to be in a practice of organising official tours of the course on Sundays. That made it all the more mandatory to experience this ride at the first available opportunity. Thanks to Joginder Singh, the Station Master at Summer Hill station for advising a workable plan. Recommendations of colleagues back at workplace, who had been attending courses at Shimla also, had their share in motivation for this solitary sojourn. With an investment of two rupee on ticket, Indian Railways did allow the pleasure of this legendry ride for half an hour to Tara Devi railway station. Final leg of this would be memorable trip was completed by bus that leaves right at the temple.

Tara Devi Monkey Sanctuary

Located around 12 Km from Shimla is Tara Devi Temple a famous religious attraction. Sitting at atop is this deity whose temple is constructed in graceful ambience. Shyam Lal Sharma, an ardent devotee of the deity enlightened the seeker in me on the history of this temple. The temple was made by Bhependra Sen, the King of Kuanthal Estate, Junga here. Sen had to move his empire from Calcutta to Shimla and was asked by Tara his ‘Kul Devi’ – family deity, to establish her temple. Later, a saint Taradhi Nath visited this place and collectively the name Tara Devi was coined. The sanctum sanctorum here is also the place of Maha Kaali, Maha Laxmi and Maha Saraswati. Sharma is quick to add that this is a rare sight in entire India . Other temples of Tara Devi as Neel Tara being in Calcutta and Ugra Tara in Maharashtra .

Scenic View from Tara Devi Temple


Warm winter sun accentuated this experience and made it more memorable. Pollution free clear warm air energized not only the physical body but also touched upon invisible mystical cords hard to express in words. In the temple a rare scene occurred. An elderly person sat before the deity, made his prayers and suddenly started making noises some of which were uncomprehendable. Seated next to him was another person who asked some questions to him. The first man answers them and offers some rice grains to the second man. As the questioner moves away after getting answers to his questions the security guard there takes his place and takes his turn in questioning. The guard was cautioned that he had not done what he had promised to do as some religious duty which he should have done. The guard apologised for his fault and promised to obey soon. Then the man answering questions distributes rice grains to all present in the sanctum sanctorum. Even the Chief Priest at the temple receives his share of this distribution with due respect to the deity. The exercise comes to an end.



For a temple of ShaktiThe power as it is referred to in the Hindu mythology this may have been a common sight. Shyam Lal Sharma was the man answering questions. In fact he was the ‘medium’ – the person who connects human beings to the deity. When the ‘medium’ answers the questions, it is as if the deity herself is answering. It was a co-incidence that I became witness to this sight and moreover, as a recipient of share of the holy rice grains, like any believer feel blessed.



In another such coincidence it was found that Sundays are the days of ‘Langar’ – the community kitchen. Being recipient of the Prasad that day was another mystical coincidence added to the long standing series. Had it been for any other day of the week, Langar would not have been there, or like fellow participants in the course had I made it to some other place? Such thoughts flooded within and obviously with no certain answers. A distinct feature of the Langar was the protocol followed in serving. Small quantities of rice was being served with different dishes – sweet, kadhi, chana – paneer and rajmah – masoor dal, taking their turns in that order. The staff in service confirmed that this protocol is never breached.


Road to Shiv Temple down hill Tara Devi

Road to Shiv Temple down hill Tara Devi

Downhill Tara Devi in the Tarab Forest , an old Shiva Temple is situated. The path to which is cast in concrete. Small videos shot on Nokia 3110c are hosted with this post which should help facilitating the situation there. Localities informed that a short cut existed from Shiv Temple to Tara Devi railway station. It would be an hour’s walk through the forest on a pedestrian strip spread on the hill. After understanding the broad roadmap on this unexplored hill terrain I ventured out on a lonely, but one of the most memorable walks ever. Sure it shall be a walk down the memory lane for years after.


Notice Board outside Shiv Temple

Shiv Temple Gate

History of Shiv Temple

The ringing bells of Shiv Temple lost their audibility within no time. The pedestrian strip got thinner. Each passing minute brought a new thought that also flew away in no time. What started as a possible award winning Discovery Traveller kind of walk had threads of uncertainty emerging soon. All alone in the forest with steep valley of hundreds of feet on one side and high rise hills on other, I continued to move ahead. Eerie silence of the forest made my own swift breathing sound more resounding. Sound of own lonely footsteps added to the first thoughts of reconsidering the decision within five minutes of the start. It was around 12:45 PM when I discovered that the Atoot Bandhan of Airtel was no more binding me to the rest of the world. Another mobile phone of BSNL was known for its unique feature: Bhagwaan Se Bhi Nahi Lagega, even in normal conditions.


View of Tarab forest

Discovery Traveller was now thinking of the BST (Basic Survival Training) of the armed forces and even worse what if, if I am not able to come out from this forest. I wondered how could have I ventured on such an expedition of treading an unknown path.



View of Tarab forest

I continued my walk on the pedestrian strip assuming that atleast it is a path used by human beings and would to lead to somewhere, if not the railway station. Empty cold drink bottles, torn packets of Kurkure, chips, cigarette packs and even heaps of dung lying on the path offered the reassurance to this thought. It was a realization in itself that even the ability to associate animal dung with the right animal could keep survival instincts alive. And so the walk down the road less travelled continued. It was by now becoming a battle of thoughts within. The reprieve came in form of group of humans coming from the opposite direction. One of the members in that group reassured that I was moving on the right path. Soon after the group became inaudible a water pipe line emerged to add to reassurance. It was later that I realised that there was no other way that could have been followed in that jungle.


View of Tarab forest

Almost halfway the way stood a Hawa Ghar (Rain Shelter), a human construct, as the final reassurance. It is here at this rain shelter a group of boys in late teens or early twenties were enjoying. They asked me the way to Tara Devi temple. From here there were two paths visible and I was in doubt on which path to take. I sought their help in selecting the path but they referred me to a ‘local’ couple which was seated behind the rain shelter. The couple, deeply engrossed in themselves took my question as an intrusion in their privacy, possibly in whose search they had chose to come to this dense forest and spent time in solitude.


View of Tarab forest

Brief examination of the place revealed that there was a highway running on one side of the hill. The other path went down in the jungle. I moved towards the highway assuming that it is the highway leading towards Shimla. Sounds of vehicles moving on the highway were now clearly audible. As I rested on an iron bench the person who explained the broad route map at the Shiv Temple emerged. The rest of the walk to the railway station was completed with this HP Public Works Department employee by my side to chat with. Numerous thanks due to Tara Devi were being offered over a tea, this guy bought at a highway shop outside Tara Devi railway station.



(Photos shot on my Nokia 3110C)

शिमला में मौसम..

यह मेरा पहला हिन्दी पोस्ट है। अभी अभी हम सब चाय के बाद कंप्यूटर लैब में आयें हैं। बाहर का मौसम बहुत अच्छा है। बादल छाये हुए हैं। हलकी सी बरसात भी हो रही है। ऐसे में अब सिर्फ बर्फ गिरने का इंतजार है। शिमला का मौसम देखकर मन में बैठी हुए हिन्दी की भावनाओं ने जोर मारा। इसमें कुछ हिन्दी के ब्लोग्स पर बेबाक कमेंट्स ने भी मदद करी और यह एक्सपेरिमेंट कर बैठा।

उम्मीद करता हूँ की आगे भी यह मौका मिलता रहेगा। अब लोग खाने के लिए जाने वालें हैं और में भी लंच मिस नहीं करना चाहता इसलिए अब कलम को विराम।

2008-12-13

Shimla Diary: Arriving at Shimla

Summer Hill railway station

The foothills started after an hour’s journey from Chandigarh and the first thing noticed upon entering the hill terrain is that it is in the process of being converted into a hub of concrete. A feature one commonly attributes with the hazards of urbanization especially in the plains. All thanks are due to Brahspati Tripathi, a former student, for his efforts in making things smooth during the short stay at Chandigarh. Meeting Tripathi was somewhat due and apart from reminiscences we were quick to grab the opportunity to discuss future too.

I woke up to find that the HP State Road Transport Corporation bus had stopped for a tea break at Parwanoo, the foothills. As I disembarked the bus I realized that the tea joint was of HP Tourism Development Corporation and not a private venture. So, the government is atleast working in this part of the nation. A talk over the cup of tea, with the staff at this joint revealed that all the staff was on government roles and that they were completely HP government run outlets. Although the incharge was quick to voice the shortage of staff but also did not forget to emphasize that their good service was due to being a government owned outlet. The franchise mode has not caught up here.

Soon after recommencing the journey and getting engrossed with the scenic environment of the place, a phone call from an old University class mate Amber Raj, now a Major with the Indian Army, breaks my awakened slumber as he required me to attend to some of his personal financial work. The remaining journey to Shimla was also not free from disturbances in the form of phone calls being attended on and off.

As I arrived at Shimla’s Victory Tunnel and searched for some transport to take me to Summer Hill, the destination where the HP University is located, the sun was signing off its daily routine and dusk settled with cold rapidly engulfing the environment. The first unforgettable sight at Shimla was that of an old man carrying a plastic water tank of 5000 liter on his back. I would never stop cursing myself for not being able to click a photo of this spectacular sight.

Perhaps, years of association with the academic community has made Narendra Narwal apt at handling this clientele. This Manger of City Inn acted as my route guide over the phone ever since I started from Jaunpur to attend this Refresher Course at the Academic Staff College at Himachal Pradesh University, Shimla. He did send Yashpal to receive me at Summer Hill bus stand. It was almost half past six and the hilly cold was drifting down soon and certain, as I reached the reception of this preferred dwelling of participants. An hour’s wait also introduced me to Dr. Diganta Dutta a statistician from DDR College, Chabua, Dibrugarh, Assam. Starting 10th December, we were lodged by Narendra to spend three nights at the retiring rooms at the Summer Hill railway station.


Retiring Room at Summer Hill

Staff at Summer Hill station

Railway tracks at Summer Hill

The first sight of the railway station did bring faint memories of some bollywood movie where this station was featured. As night sets in and I ventured out of the retiring room, the hill terrain made it evidently clear that the romance of the wintry hills would not be the same for me as for the characters in the movie, whose name I have not been able to recall till now. The sensation of something dripping down the right ear was haunting at regular intervals, and the next toll of cold was felt in the morning when a molar reported pain.

(Photos credit Dr. Diganta Dutta, on his Nokia 6060. Photo of Retiring Room, Summer Hill credit my Nokia 3110C)

2008-11-09

RTI effect: Examinee shown answer scripts

The Telegraph :
Sunday : February 04, 2007
http://www.telegraphindia.com/1070205/asp/jamshedpur/story_7350648.asp


The Board of Secondary Education (BSE) has for the first time provided photocopies of answer scripts of the high school certificate examination to an examinee.

Toshalina of Kendrapara has been given photocopied answer scripts of all nine subjects following a directive from the state information commission. The girl, who wrote the examination in 2002, had moved the panel invoking the Right to Information Act after the BSE turned down her plea.

The board, meanwhile has taken a policy decision on the matter. “We have decided in principle to provide photocopies of answer scripts to examinees on request,” BSE secretary Minaketan Pani told The Telegraph. Examinees can get answer scripts for a period of eight months on payment of a nominal fee.

Student allowed to see re-check process

Times of India : Ahemdabd
Saturday, February 03, 2007
Source: http://indiarti.blogspot.com/2007_02_01_archive.html

For the first time in Gujarat, a student from Patan, Kuntilal Parmar, who had taken his Primary Teacher College (PTC) exams, has been granted permission to remain present while his answer sheets are being re-checked. Parmar had sought permission under the Right to Information (RTI) Act to remain present during the re-checking of his answer papers.

He was allowed to do so by state information commissioner (SIC) RN Das on Friday. Relevant oral orders were passed by SIC to GEB. The GEB holds certificate and diploma exams in subjects such as home science, PTC, physical education and a number of vocational courses.

However, to inject transparency in the entire process Das ordered that Parmar be allowed to be present while his answer sheets were being rechecked. The decision comes with a rider: SIC's orders were limited to re-checking, which involves only re-totalling of marks. The other aspect of exam rescrutiny - which is re-assessment of all answers provided by the examinee - has not been allowed.

2008-11-06

INVITATION : RTI Seminar at LUCKNOW

INVITATION : RTI Seminar at LUCKNOW
Action Group for Right to Information cordially invites you to participate in the
Two day NATIONAL SEMINAR & WORKSHOP on people’s right to information
on Nov. 22 & 23, 2008 TENTATIVE PROGRAMME

VENUE : NBRI Auditorium, Sikandar Bagh, Ashok Marg, Lucknow.
Presided by : Mr. Justice Kamleshwar Nath (Retd.)
President Transparency International, UP Chapter

Chief Guest : Mr. Wajahat Habibullah
Hon’ble Chief Information Commissioner
Central Information Commission,New Delhi

Experts : Mr. Prashant Bhushan, Senior Advocate Supreme Court of India
Dr. Sandeep Pandey
Afzal Ansari, President CSHR
Prof. Balraj Chauhan, Director RML National Law University
Shri C.B. Pandey, Senior Advocate High Court
Dr. Niraj Kumar (Author of Treatise on RTI ACT,2005}
Shri Divya Jyoti, Advocate High Court, Delhi (RTI Specialist)
Shri Vaibhav, RTI Activist, Delhi
Shri Manish Sisodia, RTI Activist

TOPICS
(i) An overview of the implementation and administration of the RTI Act.
(ii) Performance of Central and State Information Commissioner.
(iii) Media & RTI
(iv) Open public hearing
(v) Role of public Information Officers Problems & Solutions
(vi) Workshop : How to use RTI Act. (Specially Sec. 6 & 7 of the ACT)

NOTE : Please send your confirmation so that we can make your stay arrangement at Lucknow.
Contact person: Izhar Ansari
Mob. : 09935382406, 09415763426, 0522-2325607
E-mail : rtiactiongroup@gmail.com, rti.lucknow@rediffmail.com,
PROGRAMME
Day One : Saturday, November 22, 2008
NBRI Auditorium, Sikandar Bagh, Ashok Marg, Lucknow
Inaugural Session 10.00 a.m. to 1.30 p.m.
Lunch : 1.30 p.m. to 2.30 p.m.
1st Business Session 2.30 p.m. to 4.00 p.m.
2nd Business Session 4.00 p.m. to 6.00 p.m. (Open public hearing)
Tea Break 6.00 p.m. to 6.30 p.m.
Cultural Programme 6.30 p.m. to 8.30 p.m.
Dinner 8.30 p.m.
Day Two : Sunday, November 23, 2008
NBRI Auditorium, Sikandar Bagh,, Ashok Marg, Lucknow
1st Session : 9.30 to 12.30
2nd Session : 12.30 p.m. to 1.30 p.m.
Lunch : 1.30 p.m. to 2.30 p.m.
Valedictory Session : 2.30 p.m to 5.30.
Tea 5.30 p.m.

Pl. Confirm your programme. If any organisation wishes to SPONSOR any event they are cordially welcome. For Sponsorship details kindly contact:
IZHAR AHMAD ANSARI, Convener
Mob. : 09935382406, 09415763426, 0522-2325607
E-mail : rtiactiongroup@gmail.com, rti.lucknow@rediffmail.com
---------

Dr. NIRAJ KUMAR
C-4/8, RIVER BANK COLONY
LUCKNOW-226 018, INDIA
Mob: + 91 9415787095

2008-11-01

Give answer copy to students: Information Commission, Bihar

The Economic Times
Patna
: 21 Sep, 2008
http://economictimes.indiatimes.com/News/News_By_Industry/Services/Education/
Give_answer_copy_to_students_Information_Commission/articleshow/3508936.cms


Bihar's transparency watchdog has directed universities to provide photocopies of the examined papers to examinees, if they so desired.

The State Information Commission recently passed an order on a petition filed by a student of B Com first year of L N Mithila University (LNMU), Murari Kumar Jha, who wanted to inspect his answer copy.

The university, taking refuge under Section 8 (1) (e) of the Right to Information (RTI) Act, had rejected the student's plea on the ground of fiduciary relationship between the authority conducting the examination and the examiner.

Fiduciary relationship refers to the special relationship of trust between persons in the eye of law such as between a doctor and a patient or a lawyer and a client.

Rejecting the university's plea, Information Commissioner P N Narayan said "This Commission does not find any merit for allowing a claim of fiduciary relationship under Section 8(1)(e) of the RTI Act which would not come in the way of allowing the request of Murari Kumar Jha to inspect the examination copy.

"Allowing of a fiduciary relationship between the University or the Commission and its examiner as the reason for not allowing the student or the candidate to scrutinise answer books puts them in a position in which they may suffer wrong without remedy," the Commission observed.

The Registrars-cum-Principal Information Officers of universities have been asked to make available photocopies of answer sheets within a month of receipt of any such application by examinees, Commission Secretary S K Mishra said.

The Commission's order said that RTI Act is a law intended to promote transparency in such a way that the interersts of, among others, students of the university and the candidate before a Public Service Commission were protected.

The transparency watchdog noted that the university and the Commission had a much more stronger fiduciary obligations toward students or candidates instead of the examiners.

While disposing of a similar case filed by an examinee Ashutosh Chand of Magadh University, the Commission, in a recent order, made it clear that the university could not arbitrarily fix fee for providing answer scripts.

In his complaint, Chand had said that the university authorities had asked him to deposit Rs 1500 for securing a photocopy of his answer script.

"The Commission is of the view that the power to determine the quantum of fee for getting photocopies of the answer sheets vests in the state government, which would decide the fee rationally," Mishra said, adding the panel had suggested to the university to submit a proposal to the government regarding the charges it intended to impose for approval.

RTI to let students view answer sheets

The Indian Express
Ahmedabad : May 11, 2008
http://cities.expressindia.com/fullstory.php?newsid=235940


THE Mahiti Adhikar Gujarat Pahel, an initiative of Janpath, will set up guidance centres in different parts of Gujarat on Saturday to help students studying in Class XII view their answer sheets under the Right to Information (RTI) Act.

The results of Class XII (Science) will be declared on Saturday. Guidance centres will be started in Ahmedabad, Naroda, Dholka, Surat, Vadodara, Jamnagar, Bharuch, Surendranagar and Mehasana. Students can file RTI applications to get a copy of their answer sheets in 48 hours with the help of these guidance centres.

The guidance centres will function for three days. Apart from guidance centres, a citizens’ orientation camp will also be organised in Ahmedabad. Talking to the media about these guidance centres, Harinesh Pandya of Janpath said, “A lot of procedure needs to be followed to get one’s answer sheet but if a student applies under Section 7 (1) of the RTI Act which says that the information needs to be provided within 48 hours if it concerns the life and liberty of the person, then the burden of the proof is on the PIO if he chooses to reject the application.”

The Mahiti Adhikar Gujarat Pahel also revealed its data for the whole year which included the number and the kind of calls made on its helpline. While 12, 427 calls were made last year on the helpline, a majority of calls were made by people seeking information from the State Revenue Department. Fourteen percent calls on the helpline was made by government functionaries and 86 percent calls were made by the citizens.

2008-10-31

BPSC asked to give break-up of marks on RTI application

BPSC asked to give break-up of marks
The Hindu, Friday, Oct 31, 2008
http://www.hindu.com/2008/10/31/stories/2008103154860800.htm

Patna: In an order which could be handy for the students to assess themselves, the Patna High Court has upheld the order of the State Information Commission (SIC) directing the Bihar Public Service Commission (BPSC) to disclose question-wise break-up of marks obtained by them.

A single bench of Justice Ajay Kumar Tripathi has dismissed the petition filed by BPSC challenging the order of SIC directing it to provide the detailed marks to the examinees.

Dismissing the petition, Justice Tripathi on Thursday said that information and knowledge are critical for realising human aspiration. Only a knowledgeable society can assert its fundamental rights and demand quality life.

The court said that the Right to Information Act was meant to facilitate transparency in every sphere of life. The Act has been put into effect with the objective of open and a participative government which shall fulfil the needs of the people as envisaged under the Constitution of India, Justice Tripathi observed in the recent judgement.

The court did not find any fault in SIC's direction to the BPSC to provide question-wise marks to the examinees of 46th Combined Competitive Examination. The court has some difficulty in accepting the stand of the petitioner (BPSC) that they are not duty bound to furnish the information demanded by respondent no. 3 (the examinee), he stated.

The bench observed that the State Information Commission has not transgressed its power in directing the petitioner (BPSC) to furnishthe information to the examinee. –PTI

2008-10-30

Seeking information on PERFORMANCE OF INFORMATION COMMISSIONS IN INDIA : Both CIC and SICs

Seeking information on PERFORMANCE OF INFORMATION COMMISSIONS IN INDIA : Both CIC and SICs


The Right to Information Action group of Uttar Pradesh is organizing an event where the issue of PERFORMANCE OF INFORMATION COMMISSIONS IN INDIA will also be taken up. All activists and RTI workers are requested to please send in their views on the performance of their State Commissions and also the Central Commission.

The review may include information on the following areas: (only an indicative list)

1. Date of establishment of the SIC – Whether within the date / period prescribed by the RTI Act or not. (Say for example, the SIC in Uttar Pradesh was established very late, beyond the statutory limit prescribed by the Act.)
2. How much is the CIC / SIC equipped to handle and dispose of the cases? Say in terms of infrastructure and manpower support.
3. Does the CIC / SIC follow the suo-moto disclosures as prescribed in Section 4 of the act? If yes to what extent?
4. Cases filed (say upto a cut-off date)
5. Cases disposed (upto cut-off date)
6. Percentage of cases heard and disposed
7. Average time taken to dispose off a case
8. Fines levied : Extent and in how many cases
9. How many cases are disposed in favour of the applicants?
10. How many cases were not in favour of the applicants?
11. What are the general pleas taken on record by the CIC / SIC to deny information?
12. Does the CIC / SIC levy penalty as a deterrent for concealing information? So that other A/PIO feel the pinch.
13. Commentary on any landmark order by CIC / SIC that has a long term impact on the future of RTI in India.
14. Any blot (negative order) that is likely to be a hamper in the path of RTI in India.
15. Major grievances of people / applicant against the CIC / SIC.
16. Does the SIC has a website
17. Is the website regularly updated by the commission
18. Does the website provide details of cases coming up for hearing, cases pending, cases disposed and the decisions of the commissions?
19. Any other information that you feel important.

This is only an indicative list and not an exhaustive one. RTI workers and activists are free to include any other detail which they feel may be relevant in this regard. We are attempting to present a PERFORMANCE REPORT CARD of the information commissions before a wider audience. You may also send in your experiences.

All of your are requested to please provide the information available as there is no central source for capturing and maintaining such information. You may also take the above questions as a survey and send your personal feedback.

Your feedback and cooperation is very crucial in this fact finding mission. All contributions shall be duly acknowledged. The closing date is November 12, 2008.

Please feel free to get in touch over email of phone for any further discussion.

Regards,

Sachin Agarwal
Secretary
Society for People’s Action, Change and Enforcement (SPACE)

Email: tellsachin@yahoo.com
Phone: +91 94152 55042

2008-10-24

Pvt medical, engg colleges under purview of RTI Act

By Vaibhav Ganjapure & Ranjit Deshmukh,
Nagpur - TNN 27 Sep 2008,
http://timesofindia.indiatimes.com/Nagpur/Pvt_medical_engg_colleges_under_purview_of_RTI_Act/articleshow/3533077.cms

Private medical and engineering non-aided colleges can no longer choose to hide information sought under the Right to Information Act, 2005.


In a landmark order, information commissioner for
Nagpur and Amravati Vilas Patil has made it compulsory for all private engineering and medical colleges to reveal information under RTI to every applicant. These colleges had earlier refused to provide information on the pretext that they were beyond the purview of the Act.


The order was delivered in response to an appeal filed by
Rajkumar Bhoyar against first appellate officer, principal of Yashwantrao Chavan College of engineering (YCCE), Wanadongri and YCCE public
information officer.


Earlier, private engineering and medical institutions refused to divulge information under RTI to applicants as they "were not governed by the government nor they received any government grant and hence the RTI was not applicable to them, Patil told TOI and said he took help of two Supreme Court judgments for passing the order.


"As per verdict of apex court, all private engineering and medical institutions were governed by the University Grants Commission (UGC), All India Council for Technical Education (AICTE) and the Medical Council of India (MCI)," Patil said.

2008-10-18

RTI Convention at Lucknow

Highlights of

One Day Convention on Third Anniversary of RTI Act, 2005

Organised by: Right to Information Action Group, UP

Location: Nirala Sabhagaar, Hindi Sansthan, Hazrat Ganj, Lucknow – UP

Date: October 12, 2008.

Chief Guest: Mr. Shailesh Gandhi, Central Information Commissioner, India

Special Guest: Justice (Retd.) Kamleshwar Nath of Allahabad High Court

Other persons on the dais: Mr. Izhar Ansari, RTI activist

Others Present: RTI activists from all over the state of Uttar Pradesh, media persons and members of the public.

Some blips as starter:

  1. No representative of the State Information Commission of Uttar Pradesh was present. Given the fact that the CIC was there, the absence of representation of the SIC attains significance. Did the organizers not invite anyone from SIC or did they not turn up? This question needs to be answered, as a large part of the convention actually hammered upon the functioning of the Information Commissioners. The CIC in his address himself focused on the working of the information commissioners and their faulty working.
  2. Some journalist friends were found discussing that when the CIC arrived in Lucknow no Officer of the State Government was there to receive him at the railway station. Neither any official vehicle was send for the CIC. The grapevine doing the rounds was that it was much later that a car was send by the administration to ferry the CIC.
  3. Mr. Shailendra Singh (State President of Congress (I) RTI task Force) was conspicuous by his absence. He was in news for being arrested by the Police for asking questions on the Ambedkar Udyaan a dream project of Chief Minister Mayawati which is alleged to be costing a lot to the exchequer.

***

The event was a remarkable event with the conglomeration of so many activists from diverse locations of Uttar Pradesh having hands on experience in the field of RTI, coming on a common platform. They shared their experiences and resolved to work relentlessly to further the cause of transparency in public offices. Some highlights of the convention revealed through the presentations of various activists are illustrated below.

  1. The victimization of RTI workers and information seekers was the most prime issue being brought up and discussed at the convention. People from all over the state reported victimization by state, administration and police machinery. They were penalized for asking questions from the various departments. Many information seekers were even laden with police cases to deter them from asking questions which were uncomfortable for the system to answer. There was a unanimous view on this issue.

Many activists presented their experiences in victimization of RTI workers and common man. They even reported case studies documented by them in this regard. A need was felt for concerted effort in this direction to build pressure on state, administration and also the judicial machinery to look into such cases and take steps that further victimization of RTI workers is prevented.

Mr. OP Sharma from the State RTI Task Force of Congress (I) suggested that some kind of statutory protection be accorded to the RTI workers and information seekers under the act itself. Importantly, Mr. Sharma addressed the people present as the participants in the second freedom movement of India.

Jitendra Chaturvedi of DEHAT (A voluntary organization from Behraich district in Uttar Pradesh) shared his experiences in using RTI as a tool to bring rightful justice to the residents of the forest areas. He narrated that an effective tool in this regard would be to file multiple RTI applications of same nature in various names. Then it would be difficult for the system to crawl back at the information seekers as the number of people would be very large. It was a pragmatic solution and he has himself used this method while doing community work. He got 50 applications filed in one case and no one was victimized.

  1. Expansion / extension of the concept of the Assistant / Public Information Officer (A/PIO) was another contribution of this convention. It was again a unanimous view that the A/PIO is not only the person who is designated to be such under the provisions of the act. In-fact, in many cases the A/PIO is a very junior cadre officer in the system who is designated to be such. The information sought may not directly fall in the purview / control of the A/PIO. So s/he may have to collect it from some other person / officer / department in the organization and then provide it to the information seeker.

Thus it becomes important for the Appellate Authority (AA) and also the Information Commissioners (ICs) to consider the merits of this point while deciding any case against any A/PIO. The concept of A/PIO shall by extension include any person in whose possession such information lies. And if such person denies the information or prevents the A/PIO from providing such information or is deemed to have denied such information (as provided in the act) then such person should / also be responsible for failure to comply with the provisions of the RTI Act. Penalty may also be imposed against him / her and not only the A/PIO so designated.

Writers Submission: In this regard readers may refer to this news item. A senior officer victimizes a junior A/PIO for providing the information. Please see this news item from Ludhiana.

  1. The inclusion of political parties and seeking their commitment for furtherance of this cause also figured as an issue. In a democracy many roads end at the gates of politics and politicians. While this was the view of the people at the convention, the organizers reported that when they approached the people from various political parties they were either apprehensive of attending this convention or asked that what they would be required to do at the convention? Mr. Izhar Ansari one of the organizers of the event quipped that most politicians are either interested in inaugurating events or chairing the sessions. With great effort the organizers were able to rope in a representative of Congress (I), (whose name this writer has forgot). This guy submitted that as Congress is the party who has introduced this Act, their commitment should not be doubted.

  1. The office should not provide TA/DA to A/PIO for attending appeals at the Information Commission. Any failure to provide the information should be deemed to be a personal failure of the A/PIO and no TA / DA should be provided by the office for attending appeals at the Information Commission.

Writer Submits: Appeals at ICs is also being misused by many government officers for doing their personal work in the state capital. As many of them are located in far-off places in the state, traveling to the state capital entails considerable expense and time. But, when they come for attending an appeal at the IC they not only get TA/DA but also get duty leave from their office. Time and official resource are used to get personal work done at the state capital.

  1. The issue of monitoring of penalty realized from the A/PIO was also raised. It was reported by the activists that many A/PIO were fined by the ICs but they were either not paying the fine or where the fine has gone was not known to anyone. So a monitoring system should be evolved to keep check in this area.

  1. The income tax returns should not fall in the category of exempted information. All income tax returns should be made available on the websites (if possible). This would actually help in reducing corruption in public offices. Many irregularities and disparities in incomes of people can be located from what they declare before income tax authorities. If this is made possible it will automatically deter people from engaging in corruption in public offices. What people earn and report to income tax are quite apart. This information can be easily had from any income tax return.

Presentation of Mr. Justice (Retd.) Kamleshwar Nath.

For sake of brevity they are also being presented in a point wise manner.

  1. Provision of monitoring of penalty levied on the A/PIO should be evolved.
  2. The penalty charged from the A/PIO should be paid to the applicant.
  3. RTI Act is the implementation of the fundamental rights conferred upon the people under the Article 19 (The Six Freedoms) of the Constitution of India.
  4. Extending the concept of A/PIO was necessary for the smooth functioning of the RTI Act. It should mean to include any person with the information rests.
  5. He stressed on the need to establish Gram Nyayaalayas (Village Courts). This would help in the effective implementation of the RTI provisions.
  6. Officers called for attending the appeals at SIC/CIC should not be reimbursed any TA/DA by the state.
  7. A large number of Committees and Commissions are set up the Government to look into various issues. People should raise questions on their reports and action taken on these reports.
  8. State should be prevented from increasing the scope of section 8 (the exempting section) and the scope of section 6 should be sought to be increased. Constant public pressure should be build on state and prevent it from doing such acts as would increase the scope of section 8.
  9. A question was raised on whether an NGO or Association can seek information under the RTI Act. To which the learned Justice replied that the Section 3 of the RTI Act provides that “subject to the provisions of this Act” any “Citizen” can seek information. Who is a Citizen may be drawn from the provisions of the General Clauses Act where any “person” can be a citizen. A person can be natural or artificial (it includes Association of Persons, Body of Individuals, Firms, Societies and even Companies incorporated / registered under any act of law). So an NGO or association is very much entitled to ask questions under the RT Act.
  10. The Justice also commented on a decision of Prof. MM Ansari (Information Commissioner) where Ansari had ruled that a suspended employee may not ask questions under the RTI Act. Ansari has opined that as there is an established procedure of law to deal with suspended employees such people would not be eligible to ask questions under the RTI Act. But, the Justice stated that there was nothing that prevented a suspended employee from seeking recourse under this Act because a suspended employee continues to be a citizen and a person.

***

The most enthralling presentation was made by Shailesh Gandhi, the CIC himself. He charmed the audience by addressing the people present as “swatantra desh ke partantra naagrikon” (loosely translated in English as: slave citizens of a free country.)

The highlights of his presentation are as under:

  1. The very first poser thrown by him was that why are we still “partantra” or slaves? If it is so, it is our fault. For if, activists are being victimized in Uttar Pradesh (UP), it is a reflection on the governance in UP. In a democracy the government belongs to the public. Inherent meaning being that we should think of governments that are sensitive to people or we are responsible for putting a government in power that victimizes its people.
  2. He narrated a case where he had asked the uses of the money in Maharashtra CM Relief Fund. The answer was not easy to come by for the state defended that it was a personal / discretionary fund of the CM. Gandhi fought that it was still created by the taxpayers money and things reached the gates of the SIC in Maharashtra. But nobody victimized him. The answers received after a long battle were indeed shocking that the funds were used for organizing Gazals programmes, Kabbaddi Matches, money was given to Press Club and even constructing latrines for CM in Maharashtra Bhawan at Delhi.
  3. Politics becomes power politics. You get associated with a political party to exert power. That’s what happens in India. Ordinary works are not being done without political pressures. In America, someone can call up Passport Office and inquire about the status of his/her passport. Something you can’t even expect in India. The official view will be something like “how dare you ask it over the telephone?”
  4. The state machinery would always like to increase the scope of exemptions in the RTI Act. But here he refers to the public action for driving away a government that existed in India before 1947. That was not our government so we drove it away. Now it’s our government. Can’t we take up the cause of protecting an Act? Can’t we protect the sanctity of one act?
  5. He criticized the process of selecting Information Commissioners. The fact that he has been selected does not validate the process itself. In his views the nominations should come from the public and then the ICs be selected.
  6. Even courts don’t want to be transparent. Many courts have put exorbitant fees of Rs. 5000/- or Rs. 3000/- for filing RTI applications.
  7. In reality everyone wants others to become transparent.
  8. Use of RTI is akin to the discovery of truth. The truth which is largely captivated in the files of the government system.
  9. Hitting at a common argument by the government machinery that RTI is a tool of blackmailing, Gandhi referred to the PC Alexender Committee where it was quipped that we got independence through truth and now why we are getting afraid of the truth coming out?
  10. RTI is a tool and not a weapon. Let’s have a positive view on the issue. Weapon is used to kill / harm an enemy. Our government is not our enemy for we have put it in power. We do not necessarily wish to destroy our governments (by using a weapon).
  11. He criticized the working of the ICs. Appeals should not be lingered on. RTI should not go the way of “justice delayed is justice denied.”
  12. He reported that he has been given only two clerks. He types his orders on his own and delivers on the same day the case is disposed.
  13. Now he has decided to take salary of the CIC and from which he shall pay the staff that he shall appoint on his own for the working of the commission.
  14. He may even put donation box at the office of the CIC, if still the funds are not sufficient.
  15. He suggested that the courts should also do their work fast. CIC can’t function as court. The job of court would have to be done by a court.
  16. The civil society should pressurize their ICs to do timely disposal of cases.
  17. Adjournments should be stopped and time bound reply should be given to applicants.

*****

Writer’s submissions:

  1. On the issue of the victimization of RTI workers an effort can be made to use the internet and connect with activists of far-off places. As personal security and safety is important to all of us, we can raise public interest questions through people who may be located in distant places. Say for eg. Someone in Lucknow may ask questions for issues related to Chennai. Someone from Bihar may ask a question for issues related to offices in Maharashtra.

This can reduce victimization to a large extent. It would be difficult for the machinery to go and victimize people in other / far-off states. This way we can do public work without jeopardizing our personal security. Readers may debate the idea and send their feedback on tellsachin@yahoo.com

  1. The idea of according official protection to the information seekers is also a valid one. A machinery be evolved right up-to the commission level to look into such cases. Even the police can be asked to create a special wing to look into such cases.

***

A report prepared by:

Sachin Agarwal
Secretary
Society for People’s Action, Change and Enforcement (SPACE)
Phone: 94152 55042

2008-10-11

Global Financial Crisis & India: Leadership required

By Sucheta Dalal


Published at: http://www.suchetadalal.com/articles/display/3004/3007.article

on 11 Oct, 2008

India is in the middle of a financial meltdown and the extent of panic among finance companies, banks, corporates and investors is yet to be adequately reflected in the media. At a time like this, India needs bold economic leadership that is extremely credible and capable of quick decision-making to create confidence in the market.

Look around the world; policy decisions in the US are personally announced by President George W. Bush. In Britan it is the Prime Minister Gordon Brown who announced the policy package and faced media-gruelling with tact and equanimity. In France and Germany it is Nicholas Sarkozy and Angela Merkel who are leading the damage control effort.


In India, the situation is worsening by the day. Apart from a severe liquidity crunch that continues despite the cut in Cash Reserve Ratio (CRR), many finance companies are facing a crisis. There is also a massive run on Fixed Maturity Plans with corporate investors withdrawing investments and the credit ratings of the issuers also looking shaky. Some companies have begun to default on Certificates of Deposit (CDs) and are asking investors to roll over the CDs instead of increasing panic by announcing the default. The realty sector is among the worst hit. Clearly, the situation warrants quick, credible and intelligent steps to protect the financial sector, without necessarily bailing out reckless gamblers.


So, what do we have by way of prudent decising making? Believe it or not, every significant regulator or decision maker is either is new at his job or does not carry enough credibility in the financial world.


  • Finance Secretary, Arun Ramanathan spoke to the press on Friday, 10th October, but he didn’t carry conviction with business and industry, especially those who know that he has just four months to retirement and is hardly likely to take decisions that may end up being controversial or may fail to work.
  • Governor Dr. D Subbarao of the Reserve Bank of India (RBI) comes with a good reputation, but he is far too new at the job. More importantly, he and Deputy Governor Rakesh Mohan are abroad at a meeting. The RBI’s decision to cut CRR by 1.5% was also made overseas. In any case, since RBI operates out of an ivory tower, nobody is quite sure if it will initiate action aimed at mitigating potential damage to India’s financial system.
  • SEBI Chairman C.B.Bhave is a veteran of the capital market, having been associated with it since the mid 1990s. He also comes with a good reputation. Unfortunately, Bhave has somewhat blotted his copy book with the meaningless flip-flop on Participatory Notes (PNs). The expectation that a change in policy that allows the issue of fresh, more non-transparent financial paper, would immediately boost market sentiment is so absurdly naïve that it does no credit to the Securities and Exchange Board of India (SEBI). Foreign Institutional Investors (FIIs) who bring in these funds are busy pulling their money out of the market. A little homework would have shown that there was already plenty of head-room to issue fresh PNs without changing the policy. Worse, it smacks of double standards regarding Know Your Customer (KYC) norms applicable to domestic investors and foreign ones. After the PN decision flopped, SEBI seems to have chosen to maintain a discreet silence about the market mayhem.
  • Then there is Finance Minister P Chidambaram, who has never missed an opportunity to talk up the market and assure investors that the Indian economy is doing fine as reflected in the huge tax collections whipped out of business and industry. Unfortunately, he has said this so often that he carries little credibility among market players.


The only person, who carries credibility in the government today is Prime Minister Dr. Manmohan Singh. We need the Prime Minister to get into the thick of decision making and take charge of the situation at a time when some unprecedented action is required.


Lets go back in history to the Harshad Mehta scam of 1992. There is no Indian scam in 2008 (at least none that is evident), but it is worse. We have a global financial crisis that is bound to have a huge impact on the Indian economy. Let us compare the situtation with 1992 and how it was handled. Dr.Singh was the Finance Minister then and carried incredibly high credibility. More importantly, he had excellent support in and equally credible G.V.Ramakrishna at SEBI, who was unafraid of initiating quick action and the S.Venkitaraman at the RBI, who had excellent rapport with central banks around the world.


In his book, Two Score and Ten, Mr.Ramakrishna writes about how he persuaded a reluctant Dr.Manmohan Singh to make a statement in parliament and to set up a committee in the RBI to investigate the scam. The result was the multi-disciplinary Janakiraman Committee whose six reports and investigation formed the basis of the Joint Parliamentary Committee’s reports.


Well, there is a committee of sorts that has been set up by the RBI this time. Only time will tell if it is capable of assessing the situation on a continuous basis and come up with recommendations that will safeguard the finanical system without hurting tax payers interests by recommending panicky bailouts.


Email the author: suchetadalal@yahoo.com

 

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