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Showing posts with label grievance. Show all posts
Showing posts with label grievance. Show all posts

Friday, October 11, 2013

On 8th Anniversary of RTI Act, we salute India’s defending champions

10th October, 2013: On the eve of the 8th anniversary of India’s Right to Information Act, it is worth remembering that this anniversary honours not just a popular legislation called RTI Act 2005, but also the legion of heroes of the RTI movement. Some heroes of this revolutionary movement are iconic. They earned recognition and love for their pioneering work, for kindling a vast grassroots movement by spreading awareness and detailed knowledge of the RTI Act and RTI rules. With zeal and foresight, they created the first generation of people who knew how to draft RTI applications and speak up at appeal hearings. These people in turn mentored thousands of others, and created a huge wave of RTI work for both administration and media. These thousands of nameless, faceless RTI applicants pursuing their lonely quest to hold the administration accountable in every city, town and village, are making government officials less arrogant. They are forcing the government to respect the might of the common man, more than they ever have since Independence.
However, it is worth remembering that the government, parliament and administration are not entirely villains – although sometimes, it may seem that way. Because, to cope with this flood of requests for information, this very government created, within a very short time after October 2005, a vast administrative machinery consisting of lakhs of Public Information Officers, First Appellate Authorities and Information Commissioners.
Remember, in the 55 preceding years of Independent India, most government organizations were represented before the public by one or two Public Relations Officer (PROs). The task of a PRO was largely to respond to the members of the public with a cup of tea and a friendly “no” to any request for information – or, at best, to grudgingly give some sketchy information.
Considering all this, the progress that has been made on both sides of the administrative table since 2005 is astonishing.
Paradoxically, our collective unhappiness with the implementation of Right to Information is largely because this legal right is being used by so many people! RTI Act is giving rise to literally tens of thousands of interactions with various organs of administration, which simply did not exist before 2005.
At first sight, it may seem as though the pent-up fury of 55 years of Independence has been released; there is a flood that is unstoppable. But wait, let us not get carried away by rhetoric. Consider these facts: 
·         GOVERNMENT EMPLOYEES: Roughly half of these RTI interactions (applications and appeals) are of government employees (or former government employees) trying to get their service matters resolved – matters relating to transfers, promotions, selections, pensions etc.

·         AGGRIEVED CITIZENS: The other half of RTI interactions are primarily of private citizens seeking to resolve their own private grievances. Some of these RTI applications and appeals are oblique complaints – complaints ingeniously worded in the form of RTI applications. Other RTI applications are for follow-up of complaints or representations to various government departments, quasi-judicial or even judicial forums. RTI is enabling them to actively pursue their fundamental rights.

·         PUBLIC-INTEREST CAMPAIGNERS, ACADEMICS & WHISTLE-BLOWERS. A small but significant percentage of RTI interactions are concerning matters of public interest. Some people are using RTI systematically to focus on certain aspects of public policy, and they are putting out well-reasoned, thoroughly researched reports to the government. Simultaneously, knowledgeable citizens and political activists, angered by the bad quality of administration, are trying to enforce accountability and expose scams in order to make a point. They are filing complaints, public interest litigations (PILs), and potent media reports. This activity is both revolutionary and subversive. On the one hand, it is pushing the administration to self-correct. On the other hand, it is stoking anti-establishment sentiments by heaping shame on all government and administration authorities, by using its own laws, rules and mechanisms.

The government responds by studiously ignoring these modern-day revolutionaries, and reserving the Padma awards and state benefits for cricketers, bollywood actors and other celebrities. RTI activists are daily doing the thankless job of cleaning up the administration in their villages, talukas, district-headquarters and small towns. Unrecognized, unrewarded but struggling every day, these people are chipping away at bad governance. But we, as a nation, continue to ignore them and waste our admiration on trivial celebrities. Even the common man pays only token respect to RTI activists, often only after they have been assaulted or murdered.
On this anniversary, let us remember the heroic persons whom we may have the privilege of knowing. But more so, let us dedicate it to the nameless and faceless RTI Activist – that man or woman who walks or rides a scooter in sun and rain, and insistently goes to the offices of various public authorities, filing RTI applications, appeals, attending hearings, seeking justice from an unjust and insensitive system.
Every so often, someone raises the question of who is an “RTI activist”, as opposed to a mere “RTI applicant” or “aggrieved person” or “information seeker”. On this anniversary, let us remember that this is largely an imaginary distinction. Right to Information Act 2005 has empowered the common man to question government servants and hold them accountable by corresponding with lakhs of Public Information Officers (PIOs), thousands of First Appellate Authorities, and over a hundred Information Commissioners in various States. The term “RTI activist” generally encompasses the entire civil society movement consisting of lakhs of independent citizens, plus a few hundred NGOs, who are questioning the administration on various issues, public or private.
No two RTI activists are the same. Some are habituated to filing hundreds of RTI applications to a wide range of government authorities on a variety of issues. They unearth hundreds of documents and get them published by the media, throwing light on a wide variety of issues. Other activists drill deep into one or two issues for years. Some activists frequently file first and second appeals, doggedly attend hearings, try to get the PIO penalized, and even try to get thousands of pages of information free-of-charge if the PIO missed his deadlines. Others try to get their individual or collective grievances redressed by using RTI applications as a pressure tactic. Some are neighbourhood watchdogs, supervising the municipality’s garbage-disposal, encroachment-clearance, hawkers, roads etc. Others are RTI trainers, helpers, mentors, webmasters, journalists etc., who find fulfillment by helping other people file RTI applications and appeals.
A defining characteristic of RTI activists is that they are usually leaderless and cannot be tamed. They are fiercely independent and notoriously difficult to organize into hierarchical groups. Generally, they spend money from their own pockets. Unlike NGOs, RTI activists get no government funding or corporate sponsors. They are usually unable to conform to organizational norms of behavior, and hence, cannot form associations or political parties.
Possibly the only common factor that characterizes all RTI activists is that they seek RULE OF LAW – which clearly has been eroded by decades of party politics, influence-yielding, favour-seeking and quid-quo-pro deals. As a rule, RTI activists are trying to get various rules and laws implemented. The constant basis of their actions is to compare laws, rules, norms, manuals, guidelines, circulars and terms & conditions with the administration’s failure to perform on various fronts, especially service delivery, due diligence, vigilance and law & order enforcement.
The RTI movement is an ongoing revolution. It is a statement of the common man’s faith in the democratic system that, though corroded and crooked, still somehow works. It is an authentic grassroots-level Satyagraha movement, that consists of persistently doing the rounds of government offices, seeking information and justice. Despite suffering many defeats and insults from the administration and even the judiciary, RTI activists refuse to quit, refuse to yield to cynicism and pessimism. They refuse to accept the all-pervasive belief that this nation of ours cannot be fixed!
On 12th October, 2013, we will not only salute eight years of RTI Act 2005, but also bow our heads to this massive body of men and women in cities, towns and villages, whose faith in the system just keeps them marching, stumbling along year after year in the direction of good governance. They are the keepers of the sacred flame of India.
Warm Regards,
Krish
            98215 88114      
Mumbai

Tuesday, March 29, 2011

How citizens can interface with Municipal Corporation: Tips from a seasoned activist

Dear Friends,

My colleague G R Vora is a civic activist of long standing. He has been interacting with the Mumbai’s Municipal Corporation since the 1990s. He notes that although meetings with officials are an important method for a common man to get his civic grievances redressed and to demand proper governance, they are underused. If civic activists attend more meetings with various civic authorities, things will rapidly improve.

Here are some tips from Vora:

1. Attend the monthly Citizens Grievance Redressal (CGR) meeting at the ward office. In Mumbai, it is supposed to be held once every month at every ward office -- mostly on a Saturday 9 to 11 am. In such meetings, in addition to the Assistant Municipal Commissioner (also called Ward Officer), all the heads of Departments (such as Building & Factories, Storm Water Drains, Encroachment Removal, License, Water Supply, Solid Waste Dept, Health etc, ) or their second-in-command are in attendance. This is an effective forum to put forward your grievances and demand commitments from the concerned officers. What you are entitled to at these meetings:

a) Proper and patient hearing, as long as you do not get personal and rude, but stick to the facts of the grievance, supporting your contentions with documentary proofs such as letters written to proper authorities etc, agenda & minutes of meetings held, photographs of the problem.

b) Discussion of written submissions of your grievances with the responsible officials, followed by proper directions for redressal of grievances. So it’s always a good idea to carry a letter for written submission, instead of going empty-handed.

c) Acknowledged & stamped copy of written submissions. Always take at least three copies, plus original. One is copy for submission, one is your office copy on which you will receive stamped acknowdgement, and a couple of copies extra which will come in handy during the meeting.

d) The Complaints Officer (CO) is supposed to note down the minutes of the meeting for future reference.

e) At the next meeting, the officers are supposed to put forward an Action Taken Report(ATR) on the complaints and commitments given at the last CGR meeting. If they do not, you can insist on this, to avoid slippages from action commitments made at previous meetings.

2. Do the documentation, walk the extra mile: After getting valuable commitments at the meeting, many citizens don’t put it down on paper. This is a mistake, because it allows officials to evade those commitments. Please don’t depend on the CO’s minutes. Within one or two days after the meeting, take care to send a letter addressed to the Ward officer listing all the grievances which were put forward at this CGR meeting, and also the commitments that were made. This is the way to put on record the grievances expressed at the CGR meeting, and to prepare the ground for further follow-up.

3. Follow up with RTI Application: If you feel that the officers will not act on your complaint, then you can pressure them by filing an RTI application on the complaints already given (see http://tinyurl.com/RTI-on-Complaint ). The RTI will seek details of the action taken, reasons recorded for not acting on the complaint, officers responsible for taking action etc. etc.

4. If Ward officials negligently or deliberately fail to redress grievances, then you can approach the higher up, namely Deputy Municipal Commissioner (DMC) of that zone. The DMC is supposed to meet citizens once a month (e.g. for MCGM F/North ward, the DMC Zone 2 meets the citizens on third Monday of the month 3 - 5 pm). You must take along a letter seeking redressal of grievances, the copies of complaints already lodged at Ward Office etc, RTI applications filed, information received etc. At this meeting, you must urge him to take action not only on your grievances, but also against the officers who have not taken action on your grievances.

5. If action is not satisfactory, then escalate the complaint to the next level. Seek an appointment with the Additional Municipal Commissioner under whom the ward falls i.e. Addl. Mun. Commissioner (City) or Addl. Mun. Commissioner (Western Suburbs) or Addl. Mun. Commissioner (Eastern Suburbs). Get their phone numbers from the website. Go to the meeting with your complete file of papers to show that you have done a lot of groundwork before approaching him; this will earn you respect in his eyes, and put pressure on him to act promptly. It will also tell him that you are not easy to deter, and that if he does not satisfy you, you are willing and able to go to his higher-ups too!

6. Finally, there is the Municipal Commissioner’s Lokshahi Din, where he is available on for hearing members of the public seeking redressal of grievances. (In the case of MCGM, it’s the First Monday of the month between 9 - 11 am)

7. Regular letterbaazi is a must. At or after every meeting, dispatch a letter to the official stating the grievances expressed and commitments made by officers. These are the minutes of your interaction with the concerned officials. This will become necessary in case you need to go to court with a Writ Petition or Public Interest Litigation, or if you wish to press charges against officials for deliberate inaction. Neatly file the stamped acknowledgment copy.

8. G R Vora’s Words of Caution:

(a) Citizens should avoid calling these meetings at the Ward Office as ALM (Advanced Locality Management) meetings. If they do, they may be sidetracked by officials who start asking questions like, “ALM of which Societies? Which neighbourhood? Are you doing garbage segregation, vermi-composting, adoption of footpaths for beautification etc? Why not?” Officials may use such tactics to put the citizen on the backfoot, and make him/her feel inferior.

(b) CGR meetings are regularly happening wherever citizens are active, in wards such as H-West ward, F/North Ward, M East / West wards, and A ward. These should be happening in all the wards. Demand it, and try to gather at least 8-10 citizens who devote energy to attending these meetings.

(c) Ward officer may call the residents only on two days of the week (e.g. in F/North ward it is on Mondays and Fridays between 3 - 5 pm) to air their grievance. At this meeting only the Ward Officer is available, but not a single Head of Department (HoD) is present to answer questions and give commitment on grievance redressal. This is a Bad Practice. Bring pressure on Ward Officer to meet citizens when all HoDs are available.

(d) Municipal Commissioner, Addl. MC, DMC and Ward Officer sometimes allows citizens to enter their office only one-by-one, and not in a group. This puts the citizens at a disadvantage, as they are not able to support one another with relevant arguments, relevant information etc. The official gains a psychological advantage by virtue of his high office, and uses it to suppress and cow down the citizen. This is a bad practice, which must be opposed. We must keep in mind that CGR meetings are forums where citizens can apply collective pressure for good governance.

9. What to do if Officials persistently fail to resolve grievances? Three Weapons available in Maharashtra & Mumbai --

A) provisions of Maharashtra Delay Prevention Act: http://tinyurl.com/Using-Delay-Prevention-Act

B) For slow response to Representations, this circular http://tinyurl.com/90-day-limit

C) For inaction on unauthorized constructions, this circular: http://tinyurl.com/punitive-circular

Also read about Other Action Tools available to active citizens working for better governance and accountability: http://tinyurl.com/activist-action-toolkit

Warm Regards,

Krish

098215 88114