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State
Level RTI: Maharashtra
Law
In
2000, a sustained advocacy campaign by social activist Anna
Hazare forced the Maharashtra Government to pass the Maharashtra
Right to Information Act 2000. However, civil society groups were
unhappy with the Act, criticising it for being too weak and demanding
that it be replaced with better legislation.
In
2001, the Government formed a committee comprising senior serving
and retired bureaucrats, such as former Union Home Secretary Dr
Madhav Godbole, eminent jurists and Shri Anna Hazare, to prepare
a draft of a Freedom of Information Bill.
Before
the Committee could release its draft Bill, the Maharashtra Government
repealed the Maharashtra
Right to Information Act 2000 and replaced it with the Right
to Information Ordinance 2002. The Ordinance was promulgated
on 23 September 2002. However, the Ordinance lapsed on 23 January
2003 because, in accordance with Article 213(2) of the Constitution
of India, an Ordinance must be converted into an Act within 6 weeks
of the commencement of the next session of the Legislative Assembly
following the enactment of an Ordinance. In this instance, the Maharashtra
Government did not convert the Right to Information Ordinance in
the winter session of the Legislative Assembly; hence it lapsed.
Public
pressure to enact a law on right to information continued. Consequently,
in the budget session of the legislature in March 2003, the Maharashtra
Government passed the Maharashtra Right to Information Act which
it then sent to the President of India for assent. The Act stalled,
as no action was taken for months.
Finally,
on 1 August 2003, Anna Hazare wrote a letter
to Mr L.K. Advani, the Deputy Prime Minister of India requesting
him to advise the Honourable President to give his assent to the
Maharashtra Right to Information Act. Failing such action, Sri Hazare
warned he would commence a fast unto death. No action was taken,
and on 9 August 2003 Anna Hazare started his fast. Within one day,
the Government responded. On 10 August 2003, the President of India
gave his assent to the Maharashtra
Right to Information Act 2002 and on 11 August 2003 the Maharashtra
Government notified the Act in the Government Gazette.
The
Maharashtra Right to Information Act 2002 is identical to the Maharashtra
Right to Information Ordinance 2002. Interestingly, even though
the Ordnance lapsed in January 2003, the Act has retrospective effect
from the date the Ordinance was passed (ie. 23 September 2002).
Section 21 (2) of the Act makes it explicit that all actions initiated
under the Ordinance shall be dealt with under the Act. The Maharashtra
Right to Information Rules, which were initially prepared under
the Maharashtra Right to Information Ordinance, are equally applicable
to Maharashtra Right to Information Act 2002.
Activities
& Advocacy
- Anna
Hazare has been a key figure in the
campaign for the enactment of Maharashtra law and continues to
be active in pushing for effective implementation. Most recently,
on 9 February 2004 - in part because of his unhappiness with the
Government's implementation of the Right to Information Act -
Sri Hazare again went on fast. On 18 February, Sri Hazare broke
his fast in return of the assurance of the State Government that
all his demands would be met in a time bound manner.
Consequently,
a Review and Implementation Committee has been set up to oversee
implementation of the Maharashtra Right to Information Act. The
Committee is headed by the Chief Secretary, Government of Maharashtra
Mr Ajit Nimbalkar, along with three other Government representatives.
The Committee also has representatives from civil society, including
writer and activist Gerson Da Cunha, senior IAS officer (Retd) M
P Pinto, policeman Julio Ribeiro, Chairperson of the State Women's
Commission Nirmala Samant Prabhavalkar and lawyer Dara Gandhy.
For further information: Contact Anna Hazare at Bhrastachar
Virodhi Jan Andolan (Maharashtra), Ralegan Sidhi, Taluka Parner,
Dist. Ahmednagar, Maharashtra. Tel: 91-2488-240227. Website: http://www.annahazare.net/
- A relatively new, but important, stakeholder
in the implementation of the Act is the Yashwantrao
Chavan Academy of Development and Administration (YASHDA).
YASHDA has been tasked by the Government, in agreement with civil
society, to assist with ensuring the effective implementation
of the Act. YASHDA has announced
a detailed 6-month
action plan, which focuses on providing training workshops
to government officials - in particular, Public Information Officers
and Appellate Authorities - people's representatives, citizens'
committees and NGOs.
For further information: Contact YASHADA at Rajbhavan
Complex, Baner Road, Pune: 411 007, Maharashtra. Tel: 91-20-25657360
/ 62. Fax: 91-20-25659135. E-mail: yashada@vsnl.com.
Website: http://www.yashada.org/.
- Mahadhikar
is a web-based networking platform focused specifically on monitoring,
using and improving the Maharashtra Act. Members of the group
have been active in interacting with the Government to work towards
fixing problems and removing obstacles to access, as well as in
raising public awareness of the Act. Mahadhikar's primary networking
mode is via their listsever - members who sign up are provided
with daily news updates, as well as a forum for sharing their
own information, discussing problems, and asking and answering
questions about the operation of Act.
To register on the Mahadhikar listserve: click here.
For further information:
Contact Kewal Semlani, Co-ordinator. Email: mahadhikar@fastmail.fm.
Website: http://www.geocities.com/mahadhikar/.
- Action
for Good Governance and Networking in India (AGNI) is a voluntary,
non-political, non-sectarian movement. It works both with citizen
groups, as well as with government agencies, to promote transparency
and accountability. AGNI focuses on the right to information,
election watch and waste management. AGNI works in Mumbai at the
local area level. Their primary mode of work is through what are
called "JAAGs" (Joint Area Action Groups). JAAGs are
made up of an area Ward Coordinator supported by a team of volunteers.
JAAGs fix local priorities, raise resources, run activities and
are the interactive channels between citizens, administrative
set-ups and elected representatives.
For Further Information: Contact AGNI at Central Office,
Peacock Palace, Ground Floor, 69, Bhulabhai Desai Road, Mumbai-400026,
Maharashtra. Tel:91-22-23611327, Telefax:91-22- 23622492, E-Mail:
agni@bom8.vsnl.net.in,
Website: www.agnimumbai.org
Resources
& Articles
Government
CHRI
- For CHRI's posters on RTI click here.
- For information regarding CHRI's activities in
Maharashtra, click here.
Miscellaneous
- Staff Reporter (2004) Caught
on the wrong foot for denying the right to know (regarding
a ruling in Pune where a penalty was imposed not on a defaulting
PIO but on an officer who failed to assist the PIO when requested),
10 August, Express News Service.
- Prakash Kardaley (2004) Power
Point Presentation on MRTIA (to be used by activists and trainers
to educate the public on MRTIA and its application).
- Manjiri Madhav Damle (2004) "Information
Act Must Be Implemented Soon", June, Times of India.
- Staff Reporter (2004) Activists
want 'shall' to replace 'may' in info law, 5 June, Times
News Network.
- Staff Reporter (2004) Want
Info? Wait for Six Months, 1 March, Times News Network.
- Manjiri Madhav Damle (2004) Right
to info may come in six months, 29 February, Times News
Network.
- Staff Reporter (2004) Look
where the Mayor's car is taking her, 25 February, Indian
Express.
- Times News Network (2004) Loopholes
in Right to Information Act Lok Ayukta, 19 January, The
Times of India.
- Smita Deshmukh (2004) 'For
me, this is a fight to the finish', 9 January, Times News
Network.
- Manjiri Madhav Damle (2003) Hazare
writes to Advani on Right to Information Bill, 3 August, Times
News Network.
- Prakash Kardaley (undated) Common
man's right to know - a long arduous way to go.
- Prashant Bhusan (undated) Open
Sesame?
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