Grievance Bill hits road block

Two clauses that seem to conflict with federalism are the main bone of contention

If Right to Information Act opened Government statistics to the public, the UPA Government is expected this week to take the second step, of making every babu answerable to the people, when it lays in parliament the Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill 2011.

The Bill which  is to be placed in Parliament this week is however facing a road block in the form of two clauses that seem to conflict with federalism.

Opposition parties like the BJP have already raised objections on that count saying that the Bill thrusts a central institution on states.

The details of the Bill so far available in the public domain reveal that it requires that States enforce the Central order passed by the Central grievance redressal authority set up under the Bill.

This goes against federalism and needs to be amended before being passed, says Nikhil De convenor of the NCPRI.

The Bill which was tabled earlier was sent to the standing committee whose recommendations were later appended to the Bill. It is now being tabled again this week. Nikhil De, convenor of the National Campaign for People’s Right to Information says: The changes are necessary but should not become the reason for further delaying the Bill.

The pattern to be followed could be similar to that of the Right to Information Act where the State Information Commission’s orders are not challenged in the Centre but in the High Court says De.

The other option, he says, is to make changes that would make the Central legislation apply to all states but only in the matter of Central schemes and Central officials.

A prototype of the Bill is already seeing a roaring success in the state of Rajasthan which is enacting a Right to Hearing Bill. Any petition by the citizen in a single window cell at the panchayat level ensures that the citizen is heard in seven days, and gets an order on the  problem.

Delhi has a grievance redressal Bill of its own. According to Anjali Bharadwaj co convenor of the NCPRI, the state legislations could co-exist with the Central one. People could choose between the two, she says.

According to Aruna Roy, the Bill takes the agenda of RTI forward. You can call it RTI part II as it would enable people to claim every entitlement that is promised through various programmes and laws whether it work under NREGA or food security or admissions or ration cards.

Features of the Grievance Redressal Bill

1.     Grievance Redress Officer in each municipality, panchayat
2.     GRO to help in writing complaints

3.     Grievance redressal in 15 days
4.     Non redressal of grievance to be deemed corrupt practice
5.     Redressal at district, sub district level

Problem clauses

1.     Right to appeal to Central Grievance Commission against order of State grievance commission
2.     Every order of the Central Grievance Commission to be enforced by State grievance commission