Improving India’s Right to Information Law to Protect Citizens

As I discussed in my last post, India’s Right to Information (RTI) law has proven to be a remarkably effective anti-corruption tool, for two main reasons. First, the law makes it easy for ordinary citizens to submit information requests. Second, the law creates a system of review by independent Information Commissions, at both the central and state levels, to ensure compliance. Citizens can appeal a government agency’s failure to provide information, or an insufficient or incomplete response to an information request, to the appropriate Information Commission, which are endowed with both autonomy and strong enforcement powers. But last July, the Indian parliament amended the RTI law—over the objections of both the opposition and civil society organizations—in ways that undermine the effectiveness of the law by giving the central government more control over the functioning of the Information Commissions.

My last post focused on criticizing these amendments, and I will not restate those criticisms here. Instead, I will take up another question: How should the government improve the RTI law? For while the law has indeed had a positive impact—as an anti-corruption tool among other things—its effectiveness is hampered by a number of important problems. Among the most serious is the risk of retaliation against RTI users. Such retaliation can take the form of harassment, threats, physical assault, and in some cases even murder. To take just one egregious example, this past December the activist Abhimanyu Panda was murdered in the state of Odisha, allegedly in connection with his vigorous use of the RTI law to expose corruption. (According to news reports and a fact-finding report by a civil society network, days before Abhimanyu’s murder he had filed multiple RTI applications asking for information concerning a subsidized food program intended for the poor. His requests sought information about the recipients and the grain stocks at particular locations; if there is corruption in the program, these are the sorts of documents that would be altered or made to disappear.) Sadly, Abhimanyu is far from the only victim. There have been over 442 documented attacks and over 80 murders of citizens directly related to the information they have sought under the RTI law. These cases end up being treated as criminal matters and investigated by the police—as they should be—but the institutions associated with implementing the RTI law should have a more active role in addressing and preventing the retaliation problem.

In particular, there are two measures the government could take—possibly under the existing legal framework—that would improve transparency and diminish the incentive to use the threat of retaliation to keep incriminating or embarrassing information out of the public eye. Continue reading