RTI dilution withdrawn

The Union Cabinet today decided to withdraw controversial draft amendments to the Right to Information Act that had sought to restrict disclosure of file notings only to social and developmental issues, but only after a prolonged and heated discussion as several ministers said they believed the economic and decisionmaking slowdown in India was directly attributable to the Right to Information Act in its current form.

 

In 2006, Cabinet had approved amendments to the Right to Information Act that would have limited the scope of the act to file notings related to public interest. This had caused outrage among social activists who felt that the entire purpose of  the act would be defeated if the government was made inaccessible. They also said that with defence and Ministry of Exaternal Affairs as well as the covert agencies out of the act, the legislation would be based on exclusion instead of inclusion.

 

But the government persisted and a draft amendment was brought before cabinet today. At the meeting Minister for Agriculture SharadPawar, and his colleague, Heavy Industries Minister Praful Patel, along with Congress Ministers like Kamal Nath argued that the act should be revisited and diluted if India was to see any meaningful development. “Bureaucracy has stopped working because they are too afraid to take decisions. The government is not moving. This amendment should not be withdrawan” these ministers argued.

Patel said withdrawing the amendment – that is retaining the act in its original form – would be like “succumbing to pressure” – presumably of civil society activists who are bringing forth swathes of information on government decisions that have gone against public interest.

Forceful argument by Pawar had some backing in the Congress as Railway Minister Pawan Bansal supported him mutedly. “decisionmaking has slowed down” conceded Bansal in a murmur.

Pawar suggested a via media. “why should you withdraw it (the amendment)? Just let it be there” he said. He was backed by Patel who said the cabinet need not withdraw the amendment, even if it
decides not to press it in parliament.

However, a Congress minister who could not be identified, said in the present environment, it would be politically unwise to curtail or dilute a right that puts the government’s working under a magnifying glass. “People will say we are trying to evade scrutiny”, the minister said.

It was finally the Prime Minister at whose instance the amendment was withdrawn.

The Prime Minister did not cite ideological or public interest reasons for withdrawing the amendment. “If it won’t pass (in Parliament) what is the use of keeping it alive ?” the PM ruled. In 2006, the amendment had faced stiff opposition in Parliament.

 After the withdrawal, all file notings can be made public except those explicitly exempted, such as the ones related to national security, privacy and protection of commercial interest.

"The Cabinet has decided to withdraw the amendments," said a source privy to the deliberations at the Cabinet meeting chaired by Prime Minister Manmohan Singh.