INDIA: 'RTI Act can be misused'

Commissioner admits risk of information abuse, but underlines the Act's importance under the constitution's gurantee of freedom of speech and expression

Times of India
Friday, October 13, 2006

Vadodara --- While the Right to Information (RTI) Act, 2005 has ushered in much-needed transparency in the administration and empowered the citizens, several bureaucrats and politicians feel that the act is being misused by many for serving vested interests. In fact, state information commissioner RN Das too admitted that there are chances of the Act being misused.

However, none, who expressed such fears could come up with a specific case of misuse. "There are chances that the RTI Act might be used by many for settling scores or taking revenge against some person."

In that case, some provisions of the Act could prove to be perilous," said Gujarat transport commissioner and IAS officer KC Mahapatra while addressing the audience at the workshop on RTI Act during the International Mayors Conference in the city on Wednesday. "The Act states that the concerned official cannot question the applicant's motive for demanding the information,which is strange," Mahapatra added.

He found some support from Kolkata mayor BR Bhattacharya, who too criticised the sweeping powers given to the citizens under the RTI Act. "The Act should be modified and the sweeping powers awarded to the citizens must be reduce," Bhattacharya said. "Several NGOs and powerful individuals misuse the Act, and exploit it for vested interests," he added.

Das did admit about the possibilities of the act being misused, but he stated that section 8 of the Act clearly spells out the reasons to deny the information. "Chances are that the act is being misused, but I think some modifications might emerge in future as the act is still in evolution stage," Das said.

However, when asked whether he ever received complaints the act being misused, Das said, "I am an appellate authority and I just dispose off the appeals. I never came across such complaints."

Meanwhile, he said that the RTI act enacted by Indian government is more comprehensive and best among all other countries who have the Act. "The act has empowered the citizens and it's as essential as the freedom of speech and freedom of expression granted by the Constitution," Das added.

Date Posted: 10/13/2006