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Showing posts from September, 2014

RTI rules: retrograde steps from Tamil Nadu, refreshing signs from J&K, Delhi

By Venkatesh Nayak* After agonizing last week over the Madras High Court’s judgment and the reckless exercise of the rule-making power by some competent authorities, it would be nice recall three decisions where the adjudicating authorities have done just the opposite of what I had lamented (click HERE and HERE to read) – they have done more than raise a finger over some of the retrograde rules made under the RTI laws in India. First about the Jammu & Kashmir (J&K) High Court, which directed the state government to revisit its RTI rules. Thanks to the fervent efforts of well-known RTI advocate and lawyer BR Manhas, who is based in Jammu, the J&K High Court recently directed the J&K government to reconsider its decision to repeal the RTI rules it notified in 2010. Under a peculiar constitutional arrangement, the Central Right to Information Act, 2005, like several other laws, does not extend in its application to the state of J&K. So, in 2009 the state legislature

Inconsistencies in MC review order on a person seeking info under RTI Act

By Venkatesh Nayak* On September 17, the Madras High Court held that a person seeking information under the right to information (RTI) Act cannot exercise the power without revealing why he or she wants the information. However, the High Court did a suo motu review of this judgement on September 23, and deleted two paras (20-21) of its judgement. While passing its order on the suo motu review motion, the Court held as follows: “In the said order dated September 17, 2014, we have made certain general observations in paragraphs 20 and 21, stating that the RTI application should contain bare minimum details or reasons for which the information is sought for. However, the said general observations were made without noticing Section 6(2) of the RTI Act, 2005… “Therefore it is evident that a person seeking information is not required to give any reason for requesting such information. Hence, the general observations made in paragraphs 20 and 21 of the said order, dated September 17 is an err

Gujarat has lowest percent of jobless households, has huge intra-state variations

By Rajiv Shah*  The new data released by the Census of India on identifying households which have individuals who are “seeking” or are “available for jobs” – a phraseology, apparently, used for identifying households without jobs – has found huge intra-state variations in Gujarat. The data, released on September 23, 2014, show that while in Surat there are just six per cent of households which have someone who is jobless, in the neighbouring tribal districts the situation is many times worse. Thus, in the Dahod district, a whopping 28 per cent of households have someone seeking job, followed by Narmada (24 per cent), Panchmahals (21 per cent), the Dangs (18 per cent) and Valsad (18 per cent). What is particularly shocking is that a few of the “developed” districts of Central Gujarat have higher incidence of joblessness than the districts in Saurashtra-Kutch, which have long been regarded as “backward” and “neglected.” Thus, in Kheda and Anand districts there are 14 per cent households

Courts taking on role of Parliament by barring access to judicial records under RTI

By Venkatesh Nayak* The RTI fraternity is abuzz with heated discussions around the recent judgment of the Madras High Court holding that a citizen must explain his/her reasons for seeking information under the Right to Information Act, 2005 (RTI Act) . Whether the Court wanted this norm to apply to people seeking information from its Registry or from all public authorities covered by the RTI Act is not clear. However, the Court’s Cause List for 23rd September listed this matter for suo motu review by the Court. I thank renowned RTI activist C J Karira for alerting me to this development. There are news reports today that some offending portions of the judgment have been deleted. However the Court’s website continues to display the text of the 17th September judgment without any changes (1st attachment). This is not an isolated trend. The Registry of the Madras High Court has been curtailing the transparency regime bit by bit. Madras High Court amended RTI Fee Rules in a retrograde man

Need to redefine Dalit identity, index vulnerability across social groups

Reproduced below are minutes of a meeting on Annihilation of Caste in Ahmedabad on September 12-13, 2014, where participants* — senior academics, activists, scholars and scribes — expressed concern over dilution of Dalit identity because of overt stress on entitlement-based policies. The meeting advocated for alternative strategy based on vulnerability index, in which manual scavengers, especially women, are the chief focus of attention: *** The one and half day meeting on moving from caste based discrimination to annihilation of caste, taking cue from the famous treatise of Dr BR Ambedkar, began with a note of concern that Dalit identity is getting diluted because of overt concentration of entitlements based on reservation to those who have been identified officially as scheduled castes (SCs). While not denying the importance of reservation as a means to empower certain sections of Dalits who are above than other Dalit sub-castes, the meeting believed that there is a need to go beyon

Will disclosing whistleblower's identity serve to adjudicate case against CBI director?

By Venkatesh Nayak* Once again the issue of whistleblowing on corruption and inappropriate behaviour and protection for individuals who blow the whistle is in the limelight. This, even as the Central and State Governments and the Central Vigilance Commission (CVC) drag their feet over operationalising the Whistleblowers Protection Act, 2011 enacted in May 2014. In a country where whistling and making catcalls at women are often dismissed with a wink and an uncivilised justification — “boys will be boys” – can and should whistleblowers come forward to serve the national motto ‘satyameva jayate’ (truth alone triumphs) by risking their lives and reputation openly? Will the administrative edifice erected over the foundation of the rule of law rise to protect them or is the foundation itself so shaky that whistleblowers will prefer the alternative of remaining silent in the face of apparent violation of the law, rules and code of ethical conduct? Should we only demand that Caesar’s wife be

We want to annihilate caste, but without alternative media?

By Rajiv Shah There is an increasing view among civil society groups that the established media is “not responsive” to the needs and aspirations of civil society. I would like to be audacious: I think the complaint is totally misplaced. Working with the Times of India for nearly two decades, and looking after Gandhinagar beat for 15 years, last as political editor, I knew the constraints under which one had to work. 

Gates Foundation study: Gujarat a poor performer in financial inclusion

By Rajiv Shah Supported by the Bill & Melinda Gates Foundation, InterMedia, Washington, conducted an India-wide survey of 45,024 adults, ages 15 and older, from October 15, 2013, to January 8, 2014, to understand their financial behaviour and their access and use of digital financial services. Results of the survey show in Gujarat in poor light. They suggest that Gujarat’s 45 per cent of adults have ever had access to a bank account, which is worse than 10 major states out of 19 states. The survey results further reveal that 26 per cent of the adults in Gujarat have active digital accounts as of today, which again is worse than several major states, including Maharashtra (35 per cent), Tamil Nadu (34 per cent), Kerala (33 per cent), Himachal Pradesh (32 per cent), Andhra Pradesh (29 per cent), Karnataka (31 per cent), and Uttarakhand (29 per cent). What is even more appalling for Gujarat in is that the state’s just 13 per cent below poverty line (BPL) adults have access to digital