Dr Sathe, popularly known as Sathe sir by his students passed away on 10th March, 2006.
He was known for his expert knowledge in Constitutional law and played an active role in the movement for a separate legislation on Right to Information (RTI).
His students remember him as a humble and approachable teacher. He will be fondly remembered by his students, particualrly the students of ILS Law college.
Here is a recent interview with him on the use and implications of the new RTI act, 2005.
How is the RTI act different from other laws which mostly remain unimplemented?
The RTI act is different from other legislations. It has come from people’s initiatives and a decade-long struggle for access to information. This is one law in which the citizens are not only the beneficiaries but also the stakeholders. It marks the beginning of the second stage of Democracy in the country when the people are becoming aware of their rights. It symbolizes a cultural revolution.
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| For a naked starving Indian, RTI is the first step towards empowerment. |
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What are main objectives of the act?
In India, feudalism and corruption have survived because there was no access to information. Information remains obscure due to improper record-keeping by the institutions. The act obliges the authorities to maintain records and making them accessible to public. Section 4 of the act gives a list of the information that the public authorities are obliged to make accessible to the public. It is a crucial section and the success of the act depends largely on its implementation.
What are the impediments to the success of the act?
The main obstacle is the attitude of the bureaucracy which is accustomed to working in closed corridors. Also, we have accepted the authorities as the masters when it is the other way round in a democracy.
The people will have to be educated about their rights. RTI is the instrument for the realization of rights of individuals.
The civil society organizations and the media can play an important role in educating people and putting pressure on the authorities to make information accessible to the public.
Is the newly enacted RTI act better than the Maharashtra Right to Information act?
According to me the MRTI act was wider in its reach as it covered even the co-operative societies within its ambit which is not done in the new act.
Is the new act user friendly?
The procedure for obtaining information is simple. However, the success of the act would depend on two factors. First, the sense of responsibility on the part of those who seek information and second, the level of responsibility of those who give information i.e. the government officials. The citizens should ask for relevant information which would make the system accountable and not to settle personal scores. The government authorities should process applications expeditiously and make information accessible to the public.
What is your advice for the citizens?
I would ask the citizens to ask questions and seek information from the authorities. Though we won our independence in 1947, the people’s freedom is yet to come and RTI act is the first step towards it.
What is the future of the act?
As I have already mentioned, the act is the result of people’s struggle for access to information. Since the people have now become active participants in governance, the law is bound to create transparency and accountability.
However, the act will flourish only when there is an information-giving regime. If the authorities make all the matters listed under section 4 of the act accessible, the applications under the act would automatically come down.
Are there any sections in the act which should be amended?
Under the act, both the appeals lie to administrative authorities. The act should make a provision for a third appeal to a judicial authority to decide important questions of law.
Also, the act should lay down the qualifications for Information Commissions and Information officers. The present act gives wide discretion to the authorities to appoint anyone as information officers which leaves enough scope for favoritism.
Educating, mobilizing and invigorating the people will make the act a success. This requires more public leaders, many more Medha Patkars.
- Interview by Amita Makhija
8th Feb, 2006
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