Civil society members, including activists, lawyers, and experts, rallied against recent amendments to the Right to Information (RTI) Act. These amendments were introduced through Section 44(3) of the Digital Personal Data Protection (DPDP) Act. Over 30 organisations, such as the National Campaign for Peoples’ Right to Information (NCPRI) and the Internet Freedom Foundation, voiced their concerns at a press conference in Delhi. They argued that these changes undermine the RTI Act, which is vital for ensuring government accountability and transparency.
Background of the RTI Act
The RTI Act was enacted to empower citizens to access information from public authorities. It serves as a tool for promoting transparency and holding government officials accountable. The Act allows individuals to request information on governance, public services, and governmental decisions.
Amendments Under the DPDP Act
The amendments introduced by the DPDP Act restrict access to personal information. Critics argue that the changes eliminate provisions that previously allowed for the disclosure of information in the public interest. This includes details that could expose corruption or maladministration. The amendments grant blanket exemptions for personal data, which critics claim will reduce the public’s ability to seek accountability.
Key Provisions Removed
The amendments removed critical safeguards that previously allowed for the disclosure of information related to public activities. One provision stated that information not denied to Parliament should also be accessible to the public. The removal of this clause is viewed as a major setback for transparency.
Concerns Raised by Activists
Activists, including Anjali Bhardwaj and Nikhil Dey, have expressed that the amendments are designed to undermine the essence of the RTI Act. They argue that these changes will hinder access to essential governance-related information, such as details on the Public Distribution System (PDS) and electoral rolls. They warn that the amendments could be weaponised against journalists and civil society members.
Legal Perspectives
Legal experts, including Supreme Court lawyer Prashant Bhushan, have stated that the blanket ban on personal information disclosure violates the fundamental right to information. The Supreme Court has upheld this right in various judgments. Former Central Information Commissioner M M Ansari brought into light that the RTI Act has faced repeated weakening through amendments over the years.
Call to Action
Civil society members have called for the immediate withdrawal of these amendments. They advocate for the restoration of the RTI Act’s original provisions to ensure transparency and accountability in governance. The RTI Act is viewed as a fundamental right that should empower citizens to actively participate in democratic processes.
Questions for UPSC:
- Critically examine the implications of the Digital Personal Data Protection Act on the Right to Information Act.
- Discuss in the light of current events how amendments to the RTI Act can affect governance and accountability.
- Explain the significance of the Right to Information Act in promoting transparency in democratic societies.
- Comment on the role of civil society in advocating for fundamental rights and access to information.
Answer Hints:
1. Critically examine the implications of the Digital Personal Data Protection Act on the Right to Information Act.
- The DPDP Act introduces blanket exemptions for personal information, limiting access to public data.
- It removes provisions that allowed disclosure in public interest, undermining accountability.
- Critics argue it centralizes power within the government-controlled Data Protection Board.
- The Act imposes fines on individuals seeking information, particularly affecting journalists and activists.
- Amendments weaken the RTI Act’s effectiveness, contradicting its purpose of ensuring transparency.
2. Discuss in the light of current events how amendments to the RTI Act can affect governance and accountability.
- Amendments restrict access to information essential for public scrutiny of government actions.
- They hinder the ability to expose corruption and maladministration within government entities.
- Access to governance-related information, like electoral rolls and PDS details, is reduced.
- The changes could discourage citizens from seeking information, impacting democratic engagement.
- Overall, these amendments diminish the public’s role in holding authorities accountable.
3. Explain the significance of the Right to Information Act in promoting transparency in democratic societies.
- The RTI Act empowers citizens to request information from public authorities, encouraging transparency.
- It serves as a tool for grievance redressal and helps expose corruption within government.
- The Act promotes informed citizen participation in governance and decision-making processes.
- It reinforces the principle of accountability by allowing scrutiny of government actions.
- RTI is viewed as a fundamental right essential for the functioning of a healthy democracy.
4. Comment on the role of civil society in advocating for fundamental rights and access to information.
- Civil society organizations mobilize public opinion and raise awareness about rights issues.
- They play a critical role in challenging government actions that undermine transparency and accountability.
- Activists and lawyers often serve as watchdogs, ensuring government compliance with democratic principles.
- They advocate for reforms and the protection of laws like the RTI Act to empower citizens.
- Civil society’s involvement is crucial in maintaining a balance of power and promoting justice.
