‘Consistently eroded since 2014’: DK Shivakumar slams Centre as RTI Act completes 20 years

BENGALURU: As the Right to Information Act, 2005, completed 20 years of coming into force, Deputy Chief Minister and Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Sunday slammed the Centre, alleging an “erosion” of the RTI since 2014.

In a press note, Dy CM Shivakumar claimed “attacks” against the Right to Information Act, 2005, with the 2019 amendments to the statute and the Digital Personal Data Protection Act, 2023.

Shivakumar wrote, “Since 2014, RTI has been consistently eroded, undermining transparency and the democratic setup of our country. Attacks on the Law (Right to Information Act, 2005): 2019 Amendments weakened independence and increased executive influence. The 2019 amendment diluted the autonomy of Information Commissions.”

“Earlier, Commissioners had a fixed 5-year tenure with secure conditions of service. The amendment vested the Union Government with the power to decide both tenure and service conditions, compromising independence and increasing executive influence,” the press note added.

Further, he alleged that Section 44(3) of the Digital Personal Data Protection Act and amended Section 8(1)(j) of RTI broaden the meaning of personal information, limiting the scope of RTI.

“2023 – Digital Personal Data Protection Act & Section 44(3) Digital Personal Data Protection Act amended Section 8(1)(j) of RTI, broadening the scope of what counts as ‘personal information.’ Earlier, ‘personal information’ could still be disclosed if it served public interest, but now the amended provision says: “No information which relates to personal information shall be disclosed”, effectively making “personal information” an absolute exemption. This could prevent disclosure of even information linked to public duties or use of public funds, undermining the transparency principle of RTI,” the press release stated.

“This directly undermines public audit and scrutiny, the very process through which numerous cases like misuse of MPLAD funds, fake beneficiaries of MNREGA and opaque political fundings highlighted by institutions like ADR have been identified and made public,” Shivakumar added.

Flagging the pendency and non-availability of data, the Karnataka Dy CM claimed, “As of June 2024, nearly 4,05,000 appeals and complaints were pending across 29 Commissions, almost double the backlog of 2019. As of November 2024, the Central Information Commission itself has around 23,000 pending cases.”

He alleged no RTI responses in the matters of Prime Minister’s foreign tours, the actual number of lives lost due to oxygen shortage during the COVID pandemic, PM CARES Fund and the electoral bonds case.

“No answers were given when RTIs sought details of the crores spent on the Prime Minister’s foreign tours, the actual number of lives lost due to oxygen shortage during the COVID pandemic, or the opaque functioning and utilisation of the PM CARES Fund. In the electoral bonds case, SBI resisted disclosing data under RTI, and the matter went to the Supreme Court. Only then, the data about political parties getting donations came out to the public,” the release said.

Further slamming the Centre over the attacks against RTI activists and whistle-blowers, Congress suggested restoring the independence of Information Commissions and reviewing the provisions of the DPDP Act.

He wrote, “Bhopal-based activist and environmentalist Shehla Masood, who used to expose illegal mining, was shot dead outside her own house. In that case, the CBI investigation found that amongst the accused was an interior designer. Satish Shetty, who was known for exposing land scams, was attacked and killed with sharp weapons during his morning walk and in that particular case, the CBI investigation revealed involvement of real estate mafias.”

“The Indian National Congress puts forth the following demands – Restore independence of Information Commissions by undoing the 2019 amendments and ensuring a fixed 5-year tenure with secure service conditions. Review and amend DPDP Act provisions (Section 44(3)) that undermine RTI’s public interest mandate. Immediately fill vacancies in Central and State Commissions through a transparent, time-bound process.

Enforce performance standards for Commissions and mandate public reporting of disposal rates. Provide strong protection for RTI users and whistleblowers through full implementation of the Whistleblower Protection Act. Ensure diversity in Commissions by including journalists, activists, academics, and women representatives,” the press release stated.

Right to Information is enshrined under Article 19(1)(a), freedom of speech and expression, of the Indian Constitution. The law was Presidential assent on June 15, 2005, and came into effect on October 12, 2005. (ANI)