Attacks on RTI activists in India

Many Right to Information Act (RTI) activists, including policemen, have been harassed and even murdered for seeking information to "promote transparency and accountability in the working of every public authority" in India. Many face assaults on a regular basis. People seeking information from their gram panchayat and the local administration also face social ostracism. A few activists who sought information under RTI related to MNREGA scams, were killed. Many threats and attacks (including murder) go unreported by the media.

RTI activists are vulnerable human rights defenders (HRDs) in India. Unlike other HRDs, a majority of the RTI activists are not part of an organisation; they often act alone, moved by anger at corruption and other illegal activities. RTI activists are vulnerable because they live in the same areas as public authorities and political leaders who do not want information about their activities to be disclosed. For the most part, human rights defenders receive media attention only when killed or seriously injured. When complaints are made by RTI activists, law enforcement personnel (who often work with corrupt officials) do not take appropriate action. The Right to Information Act, 2005 provides inadequate protection to whistleblowers. The Central Information Commission and the State Information Commissions are not mandated to deal with such threats or attacks or to provide protection when needed.

There is a need to amend the RTI Act to provide for the protection of those seeking information under the Act. The Asian Centre for Human Rights recommends that a separate chapter, “Protection of those seeking information under the(RTI) Act”, be inserted into the Act. Protection measures should include (a)mandatory, immediate registration of complaints of threats or attacks against RTI activists on the First Information Report and placing such FIRs before the magistrate or judge of the area within 24 hours for issuance of directions for protection of those under threats and their family members, and periodic review of such protection measures; (b)conducting inquiry into threats or attacks by a police officer not below the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, to be concluded within 90 days; and (c)trial of the accused within six months. Further, concerned Public Information Officers, First Appellate Authorities and those directly related with the information sought under the RTI Act should be presumed to have abetted the offenses against the RTI activists unless evidence proves otherwise. (d)We know,'Prevention is better than cure, we should make changes in the present RTI Act which should ensure the anonymity of the Applicant, this can be achieved by removing the compulsion of mentions of name and address of applicant. And the Information should be posted on the Official Website. Now, most of the Information which results in threat to the life of whistle blowers and activists have no security concern. For example, all the information related to MNREGA if made public, is not going to result in threat to privacy of nation or anyone, But we have seen murders of various RTI activist seeking Informations related to MNREGA.

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