This participant will like to make two general observations on this Draft Bill before switching over to a clause-by-clause discussion as proposed.
Unfortunately till today the "Right to Information" as a concept has been construed to mean the right of the citizenry to be informed about the affairs of only a public body. Both activists as well as the lawmakers labour under such a notion. If one goes by the definition of the "public body" given in this Draft Bill or for that matter, in the literature of the activist organizations, the focus is always on the Government outfits. At the most, the definition is stretched to include semi-government organizations and the organizations funded by the government. But such a narrow vision of the right to information will rob it of its essence just as definition of "democracy", "development" or "human rights" as political or economic concepts turned them into mere expeditious arrangements towards the governance of the country.
The public should be made aware of the fact that any individual or organization which raises fund in the name of the public or at the least claims to be working towards furtherance of public good should be as much transparent in their activities and as much exposed to the social audit as the government agencies and their functionaries.
So one of my proposals is to put a few words in the preamble/introduction of this Act enunciating the philosophy behind this concept of "Right to Information" and enlarging the definition of "public bodies" so as to include all kinds of organizations which work in the public field, i.e., the NGOs, Social Action Groups and Political parties.
The second general observation by way of a proposal, which this participant wants to make, is a corollary of the first proposal. J.P., before he passed away confessed with heavy heart that he could not persuade the then Janata Government, which was his own creation and many of whose members were his close followers in his socialist days, to put to work some of the laws made by their previous government. He used to say that there is already a plethora of radical laws available. Instead of making new laws, if even a fragment of the existing laws is put to action sincerely, then there can be just a revolution. But as we all know, in this country laws are made only to be violated. And now when our parliamentarians have reached an unprecedented consensus to co-opt more and more criminals into that august body, very soon only hardened lawbreakers will be our lawmakers. And those laws will be there only to provide bread and butter to the legislators and the lawyers. So I do not think to be so euphoric about this bill and call it " unprecedented, historic and progressive" as the covering letter accompanying the draft bill calls it. There can be nothing more " unprecedented, historic and progressive" than the incorporation of Fundamental Rights into our Consritution. Many laws made separately are very much implied in these fundamental rights and emanate from them. Take for example the Fundamental Right to Free Speech and Expression. The prerequisite for giving effect to this right is adequate knowledge and informed debate. This will be possible only if there is Right to Information. Thus Right to Information is necessarily embedded in the right to Freedom of Speech and Expression. Its full implication can be made manifest through sincere judicial activism. But in absence of political and judicial will to act, this " unprecedented, historic and progressive" law, which we may get soon in our State, will in no time degenerate into another piece of dead wood added to the huge inundated jungle of our legal system.
Here comes a role for social activist. Separate law or no separate law for Right to Information, those of us who believe in its philosophy should come together to educate the public opinion and ask the people to assert this Right. More than half a century after we gave ourselves an elephantine constitution and huge tomes containing colorful laws, we ought to know that mere enactment of laws or legal exercise on the floor of the courts do not help in empowerment of the recipient. People's vigilance and people's action are the only price of liberty.
Therefore, my last suggestion is to form in our state a body like, say, Majdur Kisan Shakti Sangathan of Rajasthan or the National Campaign for People's Right to Information which are fighting for people's right to information for nearly a decade successfully. We can form it here and now. Its aim would be to start an awareness campaign in Orissa. It will also act as a gadfly or a watchdog to the agencies that owe to the people through their activities an obligation for transparency and accountability.
I shall offer my suggestions for certain additions and alterations in the draft bill during clause-wise discussion.