A critique on the RTI Act 2009 (Bangladesh) By Tusher Nabi Khan

Introduction The RTI Act 2009, which stands for the Right to Information Act, has been designed to make provisions for ensuring free flow of information and peoples right to information, as defined by the act itself. The bill on the act was passed in the parliament on March 29, 2009. The law became effective on July 1, 2009. In order to ensure the proper implementation and operation of the RTI, an Information Commission was established on July 2 in 2009. The significance of this act connects with the very truth underlying which is the political system of Bangladesh the democracy. According to Abraham Lincoln, Democracy is of the people, by the people, for the people. Thus, in a democratic state it is the people who hold the maximum power. Aim and objective To ensure the accountability and transparency of the government, autonomous and statutory bodies, of the national and international funded organizations To decrease corruption To increase good governance along with financing

Critical analysis The very constitution of the state has ensured the freedom of thought, speech and conscience as a basic right for the people of Bangladesh. The RTI act successfully comes into being as people must have the access to any information they demand, regardless of their profession, age, gender, ethnicity etc. Under this basic statement, it is now to see whether the provisions provided in the name of right to information are strong and effective enough to ensure the constitutional rights of the people. Positive aspects or strengths The act itself gives an assurance to the citizens that, s/he can easily access any basic information regarding the fields covered and authorized by the RTI act. Since the information are bound to be

preserved through documents, the act ensures absolute objectivity, that there would not be any kind of possible subjective intervention. The procedure of seeking and obtaining an information as described in chapter 2 section 8 and 9 deem to be very feasible. The roles and functions along with the formation of a designated officer under chapter 3 are explained very clearly, helping the authorities concerned to act in an orderly manner. Chapter 4 section 13 which defines the powers and functions of the information commission that empowers the commission with necessary authority also emphasizes on the smooth accessibility of information. The act has determined the terms of investigating or dislodging a complaint by the commission in a very flexible manner, which, if interpreted properly can verily guide a citizen in obtaining his/her desired information. Negative aspects or weaknesses Since the act directs all the governmental and non-governmental institutions to document all the particulars of the authorities involved, the main problem lies in the manpower and the logistics required implementing it. In this era of digitalization, the manpower needs to be tech savvy as well. Therefore, by what amount of time the information commission along with the authorities concerned would be able to formulate the basic requirements is yet to be understood. The act has a lot of areas kept unclear which can easily lead to confusion and misunderstanding. An authority unwilling to provide official information might abuse the section 7 under chapter 2 of the act and refrain from giving the required documents to the citizen. Again, sub-section 5 of section 9 can also cause certain exploitation and manipulation of an information sought through lingering and finally rejecting it. Exploitation also has a room through sub-section 9 and 10 of section 9 where an authority might just practice arbitration. Here, by the name of providing assistance, the officer-in-charge might become subjective and mislead the recipient. Chapter 7 section 29 accentuates on the determining power of the appellate authority and the information commission. However, it handicaps the option of placing any case or complaint by the complainant in front of the court. It can be considered as a weakness of the act since judiciary deems to be the last resort of a citizen. Chapter 8 section 31 impairs with the judiciary power as well since a sought out information cannot demand any punishment. Even if the information revealed sparks controversy and

demands elaborate accountability of the information commission or any official related to the commission, this section guards that possibility and completely diminishes that risk. Besides, the eight institutions in charge of state defense, security and secrecy are excluded from the RTI act. This exclusion limits the power of free and independent media since only the media can interpret such facts and information accurately for the larger interest of the state. Media can verify the weaknesses of any strategic issues and adjust the ambiguities. Thus, this area should be made accessible to the media under special arrangements. More importantly, a watchdog needs to be formed in order to check and control the transparency of the information commission. Chapter 2 section 7 This section deserves a special mention as a specific 20 areas are not being made accessible for the mass people. They have also been stated as providing with certain types of information not Mandatory. Generally, it can term the entire act controversial as the act here restricts dissemination of any information that has the potential to threaten the interests of the state. The government as well seems to be very secretive and protective regarding matters of foreign policy, international trade and deals, secret information, the House of the Nation, advance information relating to tax, customs, budget or duty. By the name of protecting personal and physical safety, any related authority can conceal any sought information and practice corruption. Conclusion The act, in a nutshell, is quite systematic and well-designed. The Information Commission needs to be highly operative and observing to keep the authorities under check. Moreover, the commission must have that independence to facilitate the constitutional rights without any outer interference. The commission also has to be completely free from any kind of political will or interest. Moreover, the weaknesses identified should be amended in near future otherwise they would always grant corruption and manipulation a huge room.

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