Pralhad Kachare
Addiional Collector & Director,
Center for Right to Information,
YASHADA, Rajbhavan Complex,
Baner Road, Pune-411007.02025608146, 9422750464.
Dear Mr Kachare please refer to your email about best practices suggestion. Well may I suggest that the Central Government arranges for some training to the people who draft their Laws. Take example of the RTI Act where the provisions of the foolishly drafted section-11 may be read below:-
"(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party."
Now what happens is that If I file an RTI Application before say Kanpur Development Authority asking them for details of plots allotted by them say about One thousand then their stock reply is that it relates to third party. Now it means that they will write to the thousand alllottees and then only give me their names.
This foolish provision was challenged before the Delhi High Court in LPA No. 719 of 2010 and the Court requested to clarify that the word "or" in the phrase which relates to or has been supplied by a third party and has been treated as confidential by that third party , should be read as "and" otherwise the entire RTI ACT will become absurd but the High Court of Delhi has refused to give the relief now Sir because of this foolishly phrased section-11, the Entire Act has indeed become Absurd.
2. Information Commissioners qualification is defined as "persons of eminence in public life" Now neither "eminence" nor "public life" has been defined and the result is that in U.P. Satish Mishra of BSP appointed several of his cronies "junior advocates aged in their thirties as "Information Commissioners at salaries of lakhs of Rupees although they were struggling to get a single case.
3. Information to persons below the poverty line is given free now this is absurd because this concession should have been given only for Applicants own cases in which they are affected parties now what is happening is that people are filing applications for VOLUMINOUS DATA OF THOUSANDS OF PAGES in name of people below poverty line to get it free of cost.
Robby Sharma
865, Block-B, Panki Kanpur-208020
Email-sharmarobby1@gmail.com
Date: Wed, 7 Aug 2013 15:09:01 +0530
Subject: [HumJanenge] Re: [rti4empowerment] Fwd: Appeal to suggest Best Practices
From: pkachare@gmail.com
To: rti4empowerment@googlegroups.com
CC: humjanenge@googlegroups.com; rajeev_sabade@yahoo.com; ratnakar_gaikwad@hotmail.com; vvkuvalekar@gmail.com; swarajghate@gmail.com; saritanair66@gmail.com; usrti-dopt@nic.in; rti@yashada.org
Dear Mr Kachare
I appreciate that as a person associated with YASHADA you have a vested interest in highlighting only the positive "achievements" of RTI.
The ground reality, however, is so different that it can be safely said that RTI is brain dead throughout the country and is being kept alive forcibly on ventilator only so retired babus can get salary and lal batti for 5 extra years.
I would therefore request you and everyone at Yashada to assist all of us remaining RTI stakeholders to kindly put this dead horse called RTI out of its misery, or else we shall be forced to put it out of its misery so that dedicated officers like Mr. R.K.Girdhar (cc'ed) can attend to their real work.
Sarbajit Roy
Chief Moderator / Humjanege RTI group--On Wed, Aug 7, 2013 at 1:10 PM, Pralhad Kachare <pkachare@gmail.com> wrote:
As we are approaching completion of 8th year of RTI regime and lot of positive results have been visible......this is time to take stock of all Best Practices......
We propose to compileselectBest Practices resulting into systemic improvement by use of RTI.
I would like to appeal all to please suggest such Best Practices, so that we can send invitation to select Best Practice RTI users. This may be conveyed to allthose who you believe work and use RTI and there is some Best Practice. In addition to individual RTI Users, We would also like to know & to promote Best Practices adopted by Public Authorities/Information Commissions/Civil Society Organizations in your areas.............papers/suggestionsmaybesentto rti@yashada.org
We propose to organize aNational LevelBest Practices Workshop soon on invitation basis. We look forwell documented papers on RTI use Best Practices to be presented in workshop and further we may compileselect Best Practicesin a compendium.
This is time we all must highlight positive aspect of RTI to promote more effective use.Waiting forpapers,documentations, suggestionsand ideas from all.......With warm regards.
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Pralhad Kachare
Addiional Collector & Director,Center for Right to Information,YASHADA, Rajbhavan Complex,Baner Road, Pune-411007.02025608146, 9422750464.www.rtimassawareness.blogspot.com------------------------------------------------------------------------------------------------
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Pralhad Kachare
Addiional Collector & Director,
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