BMC worst offender under RTI
Viju B | TNN
Mumbai: When Mumbaikar Divesh Shah sought the records of Panchratna
building, the diamond merchant’s enclave near Opera House which has been
mired in controversy, he got three different replies from the BMC for the
same query. But Shah’s is no isolated case-it’s a classic instance of the
travails average citizens are put through when they try to access government
records with the help of the Right To Information (RTI) act.
A year after the act came into effect, RTI applicants are finding it
increasingly tough to get information from government and quasi-government
agencies in the state. Several departments appear to have perfected a system
to stonewall queries, delay applicants by quibbling over trivial details, or
simply divert the inquiry into a maze of government procedures.
A detailed analysis of the number of appeals disposed of after final
hearing at the Maharashtra information commissioner’s office over the last
one year reveals that the Brihanmumbai Municipal Corporation (BMC), followed
by the education and home departments, top the list of agencies refusing to
provide accurate records or denying information altogether in many cases.
Such appeals are usually the outcome of a multi-stage process in which
applicants first approach the public information officer. In case they are
not satisfied with the response, the help of an appellate authority can be
sought. Eventually, the petitioner can knock on the doors of the information
commissioner by filing an appeal.
PATHETIC RECORD IN STATE Students using RTI to fight corruption Mumbai: The
BMC holds the dubious record under the RTI. While the total number of
finalstage appeals to civic corporations in the state stands at 160, the BMC
has sought to fend off the maximum number of applicants. “We got 120 appeals
against the BMC,” state information commissioner Suresh Joshi told TOI.
A majority of queries which the BMC was reluctant to answer relate to
lack of civic and infrastructure amenities. “The number of appeals against
the BMC is high. Twelve per cent of the state’s population comes under
Mumbai civic limits,” says Joshi. The other civic orporations put together
account for 40 appeals.
Along with the civic corporation, the state’s education department has
the dubious distinction of having the second-highest number of
appeals-82-filed against its officers. “There are a number of education
institutions regulated by charitable trusts and NGOs which are not willing
to open up to scrutiny. Recently I imposed a penalty of Rs 25,000 against an
educational trust for not providing information,” says Joshi.
The number of appeals also reflects the manner in which students are
using the RTI Act as an instrument to fight corruption during admissions.
“Many aided schools and colleges in the city don’t adhere to proper
guidelines and meritorious students don’t get admission,” says Avinash
Kulkarni, an applicant who filed an RTI query after his son failed to get
admission to a convent school.
The state home department with 60 appeals, and the revenue department
with 38, are in third and fourth place in the list of errant agencies.
Activists say the police department does not provide copies of FIRs and
Status of Action Taken Reports on pending cases.
Shailesh Gandhi, for instance, had asked for the number of
recommendations that the home department got from politicians for transfers
of police officers. “The appellate authority refused to give the
information. I had to appeal to the information commission,” he said.
Residents have also filed appeals on various redevelopment schemes which
are facing roadblocks. “Under RTI, I found there was a proposal going around
the department by a private builder to acquire 2,000 acres of development
zones and salt pans. When I questioned the proposal, I was told it was
dropped,” says Gandhi.