Paper: GS – II, Subject: Governance, Topic: Important aspects of governance, Issue: Concerns related to the RTI.
Context:
Recent developments and amendments (especially linked to Data Protection Law) have raised concerns of RTI shifting from a Right to Information (RTI) to a Right to Deny Information (RDI).
Key Highlights:
Purpose of RTI: The Right to Information (RTI) Act, 2005 empowers citizens to demand information from public authorities, enhancing accountability and transparency.
RTI Act: Original Intent:
- Founding Principle: Rule of the people, by the people, for the people.
- Trusteeship: Government is custodian of information on behalf of citizens.
- Default transparency: All information must be shared in the public domain unless exempted.
- Section 8(1)(j): Exemption for “personal information” if:
- Disclosure has no public interest.
- Constitutes an unwarranted invasion of privacy.
- Safeguard provisions: Information not denied to Parliament/State Legislature cannot be denied to a citizen.
Emerging Issues:
Implications:
- Transparency Erosion: Weakens citizens’ monitoring role.
- Democratic Deficit: RTI, a constitutional right under Article 19(1)(a), is diluted.
- Chilling Effect: Govt officials encouraged to conceal info.
- Judicial Challenges: Expanded interpretation of “privacy” hampers public interest disclosures.
Way Forward:
- Clear Definitions: Harmonize “personal information” under RTI & DPDP.
- Balance Privacy Vs Public Interest: Case-by-case test with strong public interest clause.
- Strengthen PIO Protection: Safeguards against penalties for good faith disclosures.
- Civil Society Role: Active citizen monitoring, media vigilance, & awareness.
- Legislative Clarity: Parliament must reassert RTI’s primacy in accountability.
Conclusion:
RTI was a landmark instrument for deepening democracy and transparency.Restoring balance between privacy and transparency is essential to uphold citizens’ right to know and strengthen democratic governance.
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