Freedom of Information

Freedom of Information
The Times Of India: Mr. X caught red handed accepting bribe.

The Indian Express: ABC's government involved in another scam.

And so on
These are the highlights and 'attention catchers' in everyday newspapers. The Bofors scam, Fodder scam etc. are brimming examples of the penetration of corruption in our governmental machinery. Everyone is busy blaming the concerned persons without much looking into the lacunae, which shields these corruptive activities. So what are these lacunae ---- obviously it is the loopholes in law or the non-transparency in the system. To fill this loophole and bring transparency, a Freedom of Information legislation is needed.

The Freedom of Information legislation is much needed and seeing this in mind several countries have already passed it like The USA in 1966, Denmark and Norway in 1970, Australia and New Zealand in 1982, Canada in 1983, Greece in 1986 and Ireland in 1998. India has joined South Africa and UK in drafting and having such a Bill.

The importance of such a legislation is that it can help in strengthening democracy as people would have easy access to information which would help them make better and reasoned choices with regard to important public policy and welfare matters. Also the access to information would undoubtedly act as a deterrent in oppression, corruption and inefficiency in the functioning of state machineries.

The concept of Freedom of Information is not new. It dates back to as early as 1948 in the Universal Declaration of Human Rights of 1948 to which India is a signatory and whose Article 19 defines Freedom of expression and opinion as also including the right to 'seek, receive and impart information'. After independence, the Indian Constitution came into effect and Article 19(1)(a) guarantees to all its citizens the Rights to Freedom of speech and expression.

The SC of India has interpreted this Right to include the Right to information in various cases like-
a) State of U.P. v Raj Narain 
b) Bennet Coleman & Co. v Union of India 
c) S.P. Gupta v Union of India etc.

The Indian parliamentarians also felt the need for such legislation and in 1997 a positive step was taken in this regard with a proposed Freedom of Information bill being drafted under the Chairmanship of Mr. H.D. Shourie during the tenure of the United Front Government. However, with the BJP government coming into power in March 1998, Shourie's bill took a backseat and the BJP government also prepared a Freedom of Information Bill, which has yet to see the light of the day.

The need and urge to have such a bill/Act was so immense that Two States namely Goa & Tamil Nadu passed their own Freedom of Information Act. However, these provide insufficient/inadequate freedom to seek information, as it does not cover politicians. It mainly restricts to 'competent authorities' (113 in number in the Goa Freedom of Information Act, 1997). The information is given for a nominal fee and is to be accurate and is to be given in time. However such information can be withheld if its release could affect the sovereignty and integrity of India, International Relations and Public Order, which have nowhere been described or defined. Also the applicability of such an Act is restricted to the State concerned. Thus a Central law is much needed.

In all a Freedom of Information bill, to serve its purpose should contain -
a) minimal secrecy, 
b) a list of persons who are authorized to give information,
c) their accountability,
d) information to be provided within a restricted time limit, 
e) payment of reasonable fee, 
f) to be communicated in a language known or asked by the person seeking information or in a general/common language and
g) there should be awareness spread about this bill to the general masses, 
h) and any other important aspects.

Such a bill is much needed so that the citizens of this 'not so rich country' are not burdened with more and more evils of corruption that has literally eaten into the stomach of the middle class family and swelled the pockets of the politicians.

The author can be reached at: [email protected] / Print This Article

Also Read:
# Jurisprudential Voyage of Freedom of Information
# Right To Know And Right To Information
# Open Government And Right To Information
# Right to Information in India
# Right to Information and its implementation through social group work
# Freedom of Press - Article 19(1)(a)
# Exemptions from disclosure of information under RTI
# Right to Information and Impact on Administration
# Right to Information Act - Boon or Bane
# Contemporary congruity of Right to Information: An Intra-national dimension

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