Who will mind the minders?

If you want my opinion, no one should. But, obviously my opinion does not count for much or else there would not be reviews on the performance of the Central Information Commission and the Right to Information (RTI) Act. This nation has been built on the strong foundations of opaque processes and ad hoc, whimsical decisions, and tied together with plenty of red tape. Who do these RTI activists think they are to try and change the way things have always worked?

While I admit to have prematurely announced the death of babudom, I was happy to find out that the RTI was nowhere as effective as I feared it would be. My fellow babus had devised several effective ways of countering the RTI Act like rejecting applications on false pretexts, proving incomplete or incorrect responses, delaying responses, or in some cases demanding proof of citizenship before an RTI application can be made.

One and a half years after the Act came into effective, several organizations and newspapers have begun reviewing the performance of the RTI to ensure that it is not merely an eyewash. PRIA has done a detailed performance review of the RTI Act and has pointed out several problems like delays in approving the constitutions of the state information commissions, high cost of application process in some states [Himachal Pradesh charges Rs. 10 per page for photocopying, when shops in Mumbai charge twenty times less] and very few penalties being actually imposed for delays in responding to applications for information. They also point out more serious problems like Public Information Officers (PIO) in government agencies threatening applicants to withdraw applications, refusing applications under false pretexts and being absent from their offices.

The Financial Express has pointed to several problems like delays in the appeal process and insufficient number of Information Commissioners with the Central Information Commission. However, the most serious problem being the perception among PIOs that the RTI need not be taken seriously since the CIC is reluctant to impose pentalties on PIOs for not doing their job ["there have been a total of only 27 cases on which penalties have been imposed, out of the thousands that have come to the commission since October 2005"].

Several newspapers have also pointed out the ineffacies of the RTI in various states, while arguing that the RTI be given more teeth. Meanwhile others in the government are looking to see how to quickly extract a few key canines. The government's earlier attempts at curbing the RTI were stymied [they had tried to amend the RTI by making file notings and the UPSC exams exempt from the RTI]. They are now trying to exempt certain organization from the RTI Act. Activists like Anna Hazare has threatened an agitation if the RTI Act is amended.

Meanwhile, netas, babus, builders and industrialists will be spending a lot of sleepless nights in the coming fortnight as activists have launched a large-scale enquiry into the creation of several Special Economic Zones (SEZs). That this will unearth some dirty secrets is definite, what is not known is whether any heads will roll. I will be sure to write about how my dear babu friends can save their necks. You know who I will be rooting for.

Babu vs. Police Babus

This next incident is something that happened to me on Sunday.

As I was peacefully driving my car, humming a tune, and letting my thoughts float back to a better time, I was rudely brought back to the present when an autorickshaw rammed into the back of my car. Rude words were forestalled by the auto driver immediately admitting that it was his fault and that his brakes had failed.

I knew there was no way that the auto driver would have enough money to pay for the damage to my car and realized that the only solution was to file an insurance claim. So I piled said poor apologetic auto driver into my badly damaged but still functioning car and drove to the nearest police station to file a traffic accident report (TAR).

On getting there, the police were very polite while they took down my version of the event in beautiful Marathi long hand. They inspected the car and I was told that I could leave and collect a copy of the report the next day.

I got a call a little later from the police station where a cop informed me that I need to come back in. Apparently, the accident had taken place just outside their jurisdiction, and by filing the report in their station, I had increased their workload by 100%. I apologized but the cop told me that a mere apology would not suffice. I was morally outraged. Was I hearing right? Were they asking me for a bribe? I tell you there is no honour among babus.

A little later, I got another call. This time from the driver's friend. He was complete distraught. The police had arrested the driver and were threatening to impound the rickshaw unless he agreed to pay 1000 rupees. This sum was too large for the auto driver to bear but neither could he afford the loss of 2-3 days earnings if his vehicle was impounded.

I tell you there is still a shred of humanity in this babu's heart. I decided to go to the police station to sort out the mess about the wrong jurisdiction and at the very least to get the hapless auto driver released.

There I was treated to a refresher course in police bureaucracy. With respect to the wrong jurisdiction, I suggested to the police that they could simply ignore my report and I would file it in the correct police station. This was obviously unacceptable to them, which they laughingly made clear. Apparently, they had already done all the hardwork of putting pen to paper and I had interrupted their siestas, increased their workload, and performed other such attrocities.

When I asked about the auto driver, they informed me that they had to show that they had taken action. So either the auto driver had to admit that he was driving recklessly and pay a fine for that (or a bribe to avert the fine), or have his auto impounded until a mechanic from the RTO came to determine if the auto's brakes had really failed. And the mechanic would arrive in 2-3 and guess what he is a babu too.

The auto driver realized that he was truly caught between the devil and the deep sea, and deciding that he preferred a known devil (apologies for mixing my metaphors), he had left to get the 1000 rupees. Ok, so at least the cops did not have him locked up any more.

My conscience lightened, I left for home contemplating how I would get a copy of the TAR from the police babus without paying them a bribe, and how I would then deal with the babus in the insurance company.