Seminar on Right to Information in Orissa
Organized by District Level Coordination Committee (DLCC), Cuttack
On 13 April 2002 at Bharatia Tower, Badambadi, Cuttack

Talk by Justice Sri P.C. Mishra, Retired Judge, Orissa High Court and
Ex-Chairman, Orissa State Consumer Grievance Redressal Commission

Today's topic i.e, "Right to Information" is a vast one. It is true that there is no separate law on Right to Information in our country or in the State of Orissa till date. But it is implicit in the Fundamental Right to Freedom of Expression guaranteed by the Constitution. The logic is, unless a citizen knows, how can he express himself on a subject. If we don't know, how can we speak or express.

As the previous speaker said, the laws are made in such a way that the people don't have any chance to know how they were made. Thus the laws so made become of least consequence due to people's ignorance about them.

So there is a need for making a law for guaranteeing a Right to Information to the people.

There are usually two types of information sought. The first type concerns the needs of the individual and the second type concerns the public interest. My personal experience is that it is very, very difficult to get any sort of information from any governmental source. If you want to obtain an information from a government office, you can't get it easily. The Clerk dealing with the issue of certificates, for instance, knows that more the delay and harassment in issuing the certificate to the applicant, he can extract more money from him. In every office this is going on. I am reminded of a queer experience. Once I received a notice that I haven't paid the land tax for last seven years, which I was required to pay. I immediately wrote back to the concerned officer that he should specify the amount I was required to pay along with a mention of where and when I should pay. In reply the concerned officer informed me that the yearly land tax should be multiplied by ten and then by seven so as to arrive at the amount I was required to pay. Since I couldn't know the exact amount I was required to pay, I wrote to them again asking for the exact amount to be kindly specified. But there was no reply. The next year I gave reminder but again to no reply. In this way I sent five reminders to which there was no response. Once I narrated my difficulties to a friend, who assured to send the concerned officer to my house for settling the amount. As a matter of fact, the concerned officer also came to my house and assured to visit me once again along with all concerned papers. Meanwhile four months elapsed but the said officer was not seen again.

In view of such a state of affairs, it is utterly difficult on the part of a citizen to get from a government office the information which is required by him in pursuit of a normal life.

Right to Freedom of Expression is meaningless, without the Right to Information. Other Fundamental Rights of the Constitution are also not enjoyable without the Right to Expression.

I am sure, the poor and illiterate people can't avail Right to Information just as they don't enjoy any Fundamental Rights of Constitution. They are so much overburdened with the day-to-day problems of livelihood that they don't have either time or interest for seeking information on any subject. Even the middle class people, who get exhausted in course of pursuing a matter in an office, have seldom the interest to run after the information any further.

To the advocates of the new law on Right to Information, let me remind about what Mahatma Gandhi said. He said that more laws a country has, sicker it is. You might know from the newspapers that every day some or other new laws are being made, but we don't know how the laws are being made and what are the contents thereof. I myself was in the business of law for some years and then became a judge of Orissa High Court, but could never know, how laws were being made. Only when a case is brought to our notice with the plaintiff saying that the opposite party has violated a law, then only could I know that a particular law existed in the country. Moreover, I am sure the legislators themselves who have framed the law don't know anything about it. The laws so made have no relevance to the life of common people, who therefore don't bother to know about the various laws. Most of us don't know when a notification of law is made in the official gazette. I am absolutely sure, the number of people who know the laws in our State can be counted on fingertips.

The common people also don't enjoy the fruits of law. If somebody files a case in the hope of getting justice, the case drags on for 12, 15 even 25 years.

On the other hand, corruption is rampant even in high places. Once I had been to Simla in connection with a Conference, where the Governor of UP was supposed to attend. But his plane crashed and he died. After four days of this incident, I read from the newspapers that forty crore of rupees was recovered from the UP Raj Bhavan. The question arises, where from such a huge amount of money came?

I was the Chairman of the Orissa State Consumer Grievance Redressal Commission for five years. During that period, a State Council for Consumer Protection was formed with a view to appraise the Government about how the consumer protection activities were being carried out in the State. I couldn't see any activity of this Council during my entire tenure of five years except the one, single meeting held in a Star Hotel, attended by Ministers of several Departments. The meeting was held with a lot of ceremony, but no resolution or decision was taken on the subject, for which it was convened.

Now coming to the topic on Right to Information, I believe, only the NGOs can be helpful in the spread of information among the public. As per law, the Government Departments should do everything for informing the public about several programmes, being implemented in any field, be it Rural Development, Panchayati Raj or any other. But I am sure, Government won't be able to do it. No Government Servant can disclose its performance to the public, if there are flaws in his work.

Only those people who have patience and courage can disseminate the information to the public. Looking around, I feel hopeless about the future of the country. The NGOs however do give a ray of hope. I am really surprised at the patience, courage, motto and enthusiasm of the NGOs. It is a pleasure to see that so many of you are seriously thinking of transparency in public life and also working with determination and commitment towards this goal. I sincerely therefore congratulate you. Thank you.