While most of us take pride in saying Mera Bharat Mahaan (My nation is great), former Central Information Commissioner Shailesh Gandhi says, ‘Mera Bharat mahaan nahi hai, par yeh dosh mera hai’ (My India isn't great and it is my fault). This is the way he often greets everyone, giving a message that we should continuously strive to build our nation.
Shailesh Gandhi is a distinguished alumnus awardee of IIT Bombay. He sold his company to become an RTI activist. He was part of the National RTI movement which was involved in drafting the law. He was also the convener of the National Campaign for People’s Right To Information.
Gandhi has trained many citizens and government officials in the proper use of RTI. He is the only RTI activist to have been chosen as the Central Information Commissioner (CIC) and he disposed of a record of over 20,000 cases in three years and nine months and ensured that most cases were decided in less than 90 days. Excerpts from an interview:
Tell us the thought behind your slogan, ‘Mera Bharat mahaan nahi hai, par yeh dosh mera hai’.
I often say this because according to me India is supposed to be a democracy — by the people, of the people and for the people. But have you seen a common man being treated like a ruler of the nation? The answer is a big no, because usually our government officials don't treat a common man well. We can't be a good democracy until we start respecting everyone. I also think it isn't the political class alone to be held responsible for the state of affairs of our country, but even the citizens are equally responsible, because we don't know how many citizens have strived to ensure our democracy lives long.
Also, just because we conduct elections doesn't make us a democratic country. At the heart of democracy is the rule of the people, but that is absent in our country. Hence, the statement, which I will continue to say till the time our country is transformed into a great nation. With RTI, we can transform our country into a better place.
RTI was brought in to set accountability by the government. Do you think that motive has been achieved in the past 16 years?
Ten years ago, lakhs of citizens were on the streets demanding Lokpal. We finally got it two years ago. But, do we know what the Lokpal is doing? Similarly, if we speak of any other commission or quasi-judicial institutions, there is no accountability because none of them are working in a set time-frame. I think it is the failure of the media and also the citizens because we don't focus on non-operationality of the institutions. Apart from focusing on the political class, the media and citizens should focus on ensuring the institutions function properly.
In most advanced countries, there is no vigilance department in government, but we have one. And if the vigilance department doesn’t work, we have Anti-Corruption Bureau (ACB) and CBI, Lokpal and so on. Even if 5 crore Indians dedicate at least five hours a week to check if a government department is working properly, the picture would change drastically.
The first five to six years of RTI were a honeymoon period during which everybody had great hopes. By and large, government departments were scared. There was respect for the citizens. After that, the government authorities noted that the Information Commissions are taking much time to dispose of the matters... judiciary wasn't favourable regarding the RTI, and thus there was a change in the mindset. Active participation from the citizens is needed for the RTI to be fruitful, else it would die a slow death.
The law is also misused by some...
The RTI is part of my rights under Article 19(1)(a) of the Constitution of India. It brings out information that is on record and if the record shows something is wrong, then where is the question of misuse? In fact, I have been requesting the government authorities to put up all RTI applications on the website; this can ensure no misuse happens. But the government isn’t doing that.
I am not saying that there are all angels in RTI, but the law is hurting only those with powers. RTI users are attacked and even murdered because there is an impression that they are criminals and misuse the law. That is where we have brought RTI today. The powerful are projecting RTI activists as criminals because they are the ones who are mostly affected by our applications. The RTI is challenging too many powerful forces... For a healthy democracy, we need to make better use of RTI and only then will it slowly grow. Ultimately, powerful men in the country will also realise the value of the law.
PMCARES has been at the centre of debates on whether its details could be made public or not. What you think?
PMCARES is a public authority because the Prime Minister and three other ministers of the Union government are ex-officio members. Aren’t the ministers and the PM representing the government? Thus, this is a public authority and they are illegally denying to divulge information
What is the way out then?
Unfortunately, the PM isn’t accepting the law. Extremely powerful are misusing the law and not willing to enforce it properly. And, citizens then just have to be spectators.
