Panel recommends renaming of Freedom of Information Bill

By Our Special Correspondent

NEW DELHI, JULY 29. The Parliamentary Standing Committee on Home Affairs has recommended that the Freedom of Information Bill be rechristened Right to Information Bill, and the right to legislate on the subject be given to the Union through the residuary clause in List I of the Seventh Schedule of the Constitution.

In its report tabled in Parliament earlier this week, the Standing Committee called for a full-fledged Right to Information Act to ``firmly establish the culture of accountability''. It has also recommended making the refusal of a request to part with information appealable to an authority whose ruling should be final and binding.

More or less in agreement with the Bill, the Committee

has stated its position clause by clause. In particular, it has accepted the recommendation of the Secretary (Personnel) that ``the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act''.

As for the clause which exempts certain organisations, the Committee wants it to be extended to anti-insurgency operations and intelligence activities of the Central Reserve Police Force, Border Security Force and Indo-Tibetan Border Police.

It has suggested some specific changes in the time- frame for providing information. According to members, information should be provided within 48 hours if the information sought under the Act relates to life and liberty of a person. Also, in the case of third-party involvement, the Committee has suggested that request for information be provided within 30 days instead of the 50 days provided in the Bill. The Committee has also included in its report the amendments mooted by individuals and representatives of organisations with the recommendation that the Government incorporate them in the Bill to make it comprehensive. Some of these have, in fact, been accepted by the Committee and incorporated in its own recommendations.

The suggestions include applicability of the Act to non-citizens; setting a specific date from which the Act will come into effect; applicability to all private and NGOs/associations/parties/trusts/unions/societies

in addition to Government bodies and agencies; and providing for compulsory and mandatory disclosure of information relating to health, safety, environment and human rights.

It has been suggested that the Bill clearly states that all information which cannot be denied to the members of Parliament and legislatures should not be denied to the public. Another suggestion that has come up pertains to the section that allows blanket exclusion to entire organisations. It was felt that excluding certain organisations completely from the purview of this legislation, defeats the purpose of the proposed law that is in keeping with a worldwide trend in democratic countries.

Those who have either made presentations before the Committee or sent in their suggestions are the Secretary in the Ministry of Personnel, Public Grievances and Pensions; the director of Commonwealth Human Rights' Initiative, Ms. Maja Daruwala; the former Home Secretary, Dr. Madhav Godbole; the senior advocate, Mr. A. G. Noorani; the managing trustee of Consumer Education and Research Centre, Ahmedabad, Prof. Manubhai Shah; the Chairman of the Press Council of India, Mr. Justice P. B. Sawant; and representatives of Mazdoor Kisan Shakti Sangathan, Rajasthan.

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