Strengthening RTI mechanisms in Assam: Challenges and the way forward

Hriday Sarma

(hridaysarma@yahoo.co.in)

 The Right to Information (RTI) Act, enacted in 2005, stands as one of the corner stones of India’s democratic framework, providing citizens with the power to access information from public authorities. It was envisioned as a means to empower individuals, create transparency, and foster accountability in governance. The idea was simple: if citizens have the right to know how decisions affecting their lives are made, they can better hold authorities accountable for their actions. However, as the use of RTI has grown across India, the effectiveness of the system in achieving its intended goals has come under scrutiny, especially in states like Chhattisgarh and Tamil Nadu.

In Assam, significant strides have been made in strengthening the RTI process, with the Assam State Information Commission (ASIC) playing a central role. Under the visionary leadership of Bhaskar Jyoti Mahanta, who became the Chief Information Commissioner in 2023, the Commission has made notable efforts to modernize and streamline the RTI process. Key reforms include the launch of an RTI portal (www.rtionline.assam.gov.in) on August 5, 2024, and the shift to a paperless system, including an e-applications section, which has helped reduce bureaucratic delays and improve the overall efficiency of handling RTI applications. This digitalization of processes, combined with hybrid hearings—conducted based on the circumstantial needs of specific cases—has made the RTI process more accessible, particularly for citizens in remote areas.

Another significant step has been the appointment of 56 Nodal Officers to supervise the work of State Public Information Officers (SPIOs) across the state. This move was intended to ensure that RTI requests are processed in a timely manner and that public authorities adhere to the provisions of the Act. The Nodal Officers’ responsibility is to monitor compliance and address issues related to delays or incomplete responses, which have long been a challenge in the RTI system. By placing the onus on these officers to oversee RTI implementation, the Assam government hopes to foster greater accountability among public officials and reduce the backlog of pending applications.

These efforts have contributed to Assam’s recognition as one of the better performing states in the RTI index, compiled by Satark Nagrik Sangathan. This achievement reflects the proactive approach taken by the state’s leadership in implementing the RTI Act and signals the growing commitment to transparency and good governance. However, despite these advancements, there remain significant hurdles to the full realization of RTI’s potential.

A major challenge continues to be the backlog of RTI applications. While the introduction of a digital platform and the appointment of Nodal Officers have helped streamline the process, the volume of RTI applications often overwhelms the system. Many RTI requests remain unresolved due to delays in processing, with responses frequently failing to reach the Commission in a timely manner. Citizens may find their applications stalled at the first stage, and without consistent follow-up, many fail to take the essential step of filing a first appeal. This lack of engagement in the appeal process has contributed to a sense of frustration and undermined the effectiveness of the RTI Act. Following up on appeals can be complex and requires persistence, which many citizens lack at times, especially given the bureaucratic and lengthy nature of the process.

Moreover, the lack of awareness about the RTI Act remains a barrier to its full utilization. While there have been efforts to spread awareness, particularly through civil society organizations and local initiatives, many people—especially in rural areas—remain unaware of their rights under the Act or how to file an application. This knowledge gap significantly limits the reach of the RTI Act, especially among marginalized communities who could benefit the most from its provisions. The lack of awareness, combined with the complexity of the process, means that many citizens do not take full advantage of their right to access information.

Public authorities also continue to exhibit reluctance in complying with RTI requests. Delays, refusals, and outright denials of information remain commonplace, despite the clear mandate of the RTI Act. In some cases, RTI applicants face harassment or allegedly intimidation when they seek information, particularly when their inquiries challenge corruption or mismanagement. These barriers not only discourage citizens from filing RTI applications but also erode trust in the system. Strengthening legal safeguards for RTI applicants and ensuring the safety of activists who expose corruption are crucial steps in restoring faith in the process.

Despite these challenges, the RTI Act has made a significant impact in Assam, with several cases demonstrating its ability to bring about positive change. For instance, RTI applications have exposed inefficiencies in the implementation of welfare schemes, uncovered corruption in the distribution of flood relief funds, and led to greater scrutiny of government spending. These successes show that the RTI Act, when utilized effectively, can act as a powerful tool for accountability and can drive changes in governance practices. In some cases, RTI applications have forced local authorities to reform practices and adopt more transparent systems.

Beyond the public sector, the RTI Act also has implications for the private sector, particularly when private organizations are involved in public functions or receive government funding. In Assam, RTI has been used to challenge the operations of private institutions like schools, hospitals, and other entities that interact with the public. For example, private educational institutions and hospitals receiving state funds are required to disclose information under the RTI Act. This has proven to be a valuable mechanism in ensuring that these private entities adhere to the same transparency standards as public bodies.

As Assam moves forward, several steps can be taken to further strengthen the RTI system. First, the ASIC must be provided with additional resources and staff to address the growing number of RTI applications and appeals. Expanding the Commission’s capacity will help reduce backlogs and improve response times. Public authorities should be encouraged to take a proactive stance on transparency by regularly and voluntarily releasing information, ensuring that it is easily accessible to the public. Government websites and digital platforms should be updated with comprehensive, user-friendly information to reduce the need for citizens to file requests.

Increasing awareness about the RTI Act is another critical component of strengthening its implementation. Public education campaigns, particularly in rural areas, will help inform citizens of their rights and encourage them to use the Act more effectively. Empowering citizens to file applications and follow up on appeals will ensure that the RTI system becomes a more dynamic tool for governance.

The role of technology also cannot be overstated. Expanding online portals for filing and tracking RTI applications, as well as making responses available electronically, would make the system faster, more accessible, and more efficient. Digital literacy programmes can play a vital role in ensuring that all citizens, regardless of their background, can fully engage with the RTI system.

Ultimately, the RTI Act is a crucial tool in India’s democracy, enabling citizens to demand accountability and transparency from those in power. Assam has made significant progress in improving the RTI system under the leadership of Bhaskar Jyoti Mahanta, but challenges remain. By addressing issues such as delays, raising public awareness, and ensuring compliance, Assam can fully unlock the potential of the RTI Act. This will not only empower citizens to hold their government accountable but also set an inspiring example for the rest of the country, showcasing the transformative power of transparency and good governance.

(Dr. Hriday Sarma is a Guwahati-based advocate).