The modern thinking Indian

The RTI Act has had a major effect on the availability of information, it turned around the concept that information was something that would not be easily available and could be used by the bureaucracy as a way of wielding power. Under the RTI Act, any citizen could ask for information, and they would need to be provided this information (except for a exclusions dealing with security, commercial secrets, and some privacy issues - of course, there is an ongoing dispute where both the President and the courts believe that RTI is not something that applies to their actions and are still pushing back). The process was as simple as filling a form, depositing a fee of Rs. 10, and filing this with the required department.
However, as with any Act, there are ways to make the process more complicated, and this is especially true in the case of Indian citizens living abroad. The actual process of payment of the Rs. 10 fee was always a big problem, with no clear definition of whom to make the actual payment to. So, even though the process was such that one could file the fee in the local currency, there were different rules for different states - as an example, in Uttar Pradesh, the process was to apply and paste treasury stamp for getting copy of State Information Commission's order. Now the nodal agency for RTI, the Central Information Commission has proposed modifying the rules to make it easier for NRI's to use the RTI Act (link to article):

In order to ease RTI application process from abroad, the Central Information Commission has framed new rules enabling NRIs to pay application fees and information costs at the Indian embassies and missions abroad. NRIs will also be able to avail audio-video conference facilities in case of first and second appeals. There will be an easy-to-follow procedure for paying fee against the information in Indian Embassies and audio-video conferencing facility in case of first and second appeals," Chief Information Commissioner Wajahat Habibullah said.
As per the new procedure envisaged, Habibullah said "Embassies may accept only the fee and information cost and provide e-receipts to applicants who can then directly file their RTIs to public authorities in India by email along with proof of payment."
The CIC said, "I will soon meet concerned officials at the Ministry of External Affairs and Ministry of Personnel and Training other stake holders for this."

If these rules are properly implemented, it will make it much easier for NRI's to be able to use the RTI Act without too much effort; currently the effort involved, especially when dealing with local state governments and courts in non-metros makes it much more difficult to properly utilize the power provided by the RTI Act.

Labels: CIC, Citizen, Information, Law, NRI, RTI

We talk about the police force being a help to people, a friendly hand towards the citizens of the country; helping them in getting solutions to their problems, and preventing unfairness and crime in society. By now people reading this must be thinking that either I am totally ignorant, or that this article is leading to something else.
That part is true. This article is leading to something else. The police force of any country is supposed to be all that is written above, but you go and speak to citizens, especially those who are weaker, and you realize the terror they live in. And this is something that many of us would have also observed. It may be the poor financial provision to the men wearing the uniform, it may be inadequate training, it may be lack of control, it may be anything, but the police force almost never evokes respect in people. Thus, you read about brave policemen braving terrorists, working under bad conditions, and you feel sympathy for them; and then you witness the normal working like (and read about the level of corruption) and you realize that honesty may be an aberration.
Besides this article that I will be referencing, I witnessed something a few days that reinforced this feeling. At around 9 PM, I was passing a local marker on foot, and there was this roadside vendor selling fruits, and a hefty policeman standing next to him. I was there for enough time to hear the conversation, and feel miserable about what I could hear and not do anything. Essentially, the policemen was telling the vendor to go and get him a bottle of whiskey from the nearby vend, and you could immediately see how the vendor would not be in a position to refuse.
Now read this article:

Denying policemen complimentary tea proved costly for Raju Shukla, who now lies in the emergency ward of Balrampur Hospital. Shukla was brutally assaulted by four cops from the Chowk fire department late on Monday night. Raju, who runs a tea-stall at Koneshwar Crossing in Chowk area, was even branded a thief by the fire personnel and handed over to the Chowk police station. The version of the fire cops though changed in some time and they charged him with assaulting a rickshaw puller.
Talking to TOI, the only breadwinner in the family of five, Raju said, "hum garib admi hain bhaiyya, Koneshwar par chai ka stall chalate hain. Ab yeh log aakar kehte hai ki muft me chai do, to aap hi socho ki agar hum muft me chai batenge to humara ghar kaise chalega." (I am a poor man, running a tea stall at Koneshwar Crossing and these cops demand tea free of cost. If I do so, how will my family survive.) Lying on the hospital bed in pain and unable to even turn on his side, Raju said, "the men from fire department even got my stall removed earlier when I refused them free of cost tea."

The problem now is that the police force has almost zero believability index. Even if the person was at fault (and it is difficult to see how), almost everybody would believe that it was the policemen who were responsible, and the story is very believable. Most people would not expect any action in this case as well, since it involved a poor man, and the police force is typically loath to act against its own.

Labels: Citizen, Corruption, Law, Morality, Police, Punishment

The police force in this country is a mixed set, with many good and bad. There have been dedicated officers who have brought a lot of good name to the country such as Mr. Riberio, Ms. Kiran Bedi, and many others. They are a credit to the police force, and serve as a figure of awe for many of the citizens of this country. However, it is also true that there are many members of the police force of this country who are corrupt, or a law unto themselves, and who besmirch the whole police force by their actions. It is they who make people scared of the police force, and fear an encounter with the police. Take an example of these cops who actually tried to steal money:

KOLKATA: Two policemen were among three people arrested on Sunday night for duping a Bongaon trader of Rs 6 lakh on August 11. Posing as CID officers, the policemen intercepted Mantu Saha, a trader from Bongaon, near Mohammad Ali Park and accusing of carrying fake notes, fled with the money.
Suspecting that policemen had a hand in it as the seizure list resembled those usually issued by police, police tracked down Pankaj Ghosh, a former colleague of Saha, who confessed to having masterminded the operation through GRP's Sanjib Chakraborty, an assistant sub-inspector, and Debasis Mukherjee, a constable. "The three have been remanded in police custody," said Jawed Shamim, DC (DD).

The biggest problem is that these corrupt policemen used the advantages that the police force give in terms of evoking fear among people, an unwillingness to stand upto them for fear of the consequences. As when dealing with criminals, if these cops are found to be guilty, they should be punished to the maximum extent possible under the law.

Labels: Citizen, Corruption, Penalty, Police, Punishment, Responsibility

There are a number of areas where modern science and problems clash with traditions. In such cases, a reasonable expectation is that there is a compromise between traditions and the needs of today; in some cases, there is a need that the tradition changes. Why did I suddenly think of this topic ? Well, I came across this article that describes how idol immersion, a joyful and integral part of many religious festivals, is actually helping in killing the river systems of the country. Now, there are many reasons why our river systems are getting killed - there is too much flow of effluents (both domestic and industrial), not enough cleaning of these effluents, not enough flow of fresh water to do a cleanup of the pollutants in the river. No one doubts that in many cases, the conditions of our rivers as they move past major cities is that of a sewer, with the water having very high percentages of pollutants.
For those who have taken part in Durga Pooja celebrations or those celebrating Lord Ganesha, the immersion of idols is an important part. This is repeated across the country. But how many of you have read the news articles that describe the dead fish found floating days after a major festival, with these fish poisoned by the chemicals form the immersion ? Read this article in more detail:

Elaborately painted and decorated idols are worshipped before they are taken during mass processions to rivers, lakes and the sea, where they are immersed in accordance with Hindu faith. Environmentalists say the idols are often made from non-biodegradable materials such as plastic, cement and plaster of Paris and painted with toxic dyes.
After the statues are immersed, the toxins then contaminate food crops when villagers use the polluted water for irrigation, said Shyam Asolekar, science and engineering head at the Indian Institute of Technology in Mumbai. Statue remains from festivities last year still float in rivers and water tanks in Mumbai, where the annual "Ganesh Chaturthi" festival culminate in the immersion of some 160,000 statutes -- some up to 25 feet high -- by millions of devotees. Traditionally, idols were made from mud and clay and vegetable-based dyes were used to paint them.

This is a tricky issue. Issues related to religious festivities are treated with care, with efforts being made not to offend the religious. However, there is no getting around the facts of a matter, and this is not an issue that has sprung up suddenly. Even on TV, you do see many times news articles about the importance of making statues with eco-friendly material, but somehow these items do not sink in.
Sometimes direct action needs to be taken, as for example, when the courts ordered the installation of tall fences on the bridges of the river Yamuna in Delhi in order to prevent people from throwing in flowers or complete garlands.
Rivers are the lifeblood of this country (or any country), with dependence on water requiring that water sources be protected. People know this, but somehow the relation with water pollution does not sink in, or maybe many people do not care. How does one ensure that such a message sink in ? You cannot use force to ensure that such a change happens across the breadth and width of the country.

Labels: Citizen, Community, Court, Environment, Health, India, River, Waste

Most people have their own story about their interactions with the police force, especially in their stronghold (police stations). Let me give an instance of what happened in a police station when I made the mistake of losing a draft (actually the draft did not reach the destination when it was sent via courier, but for the bank, I had lost the draft). I had the counterfoil of the draft, so approached the bank for how to reclaim my money. And this started the adventure.
Given that the draft was sent to an education institute, we did not know that the draft had not reached till it was around 3 months later, since that was the last date of the money to be received; and the institute contacted me. After some back and forth, they convinced me that they had not received the money and things would be terminated unless I sent them the money.
I contacted the bank, and guess what ? They told me a whole lot of things to do - get a notarized affidavit for having lost the draft, get a note from the institute acknowledging that the money was not received, and .... get a FIR from the police station about having lost the draft (since a draft is different from money; more importantly, RBI regulations apparently require it). So, I managed to convince the bank that the institute will not give me a letter; affidavit was made. Now for the police station. That was fun.
First, where was the draft lost ? "Well, it was sent by courier and never reached". I knew I should have made up a story about having lost it at home, or somewhere else that was definite and that did not cause any jurisdictional problems. The police station totally refused to cooperate, since they did not believe it to be their problem. Beaten, I managed to convince the bank after around an year of discussion and got my money back.
Okay, why this long story ? Well, people have faced problems in getting FIR's filed for far more serious stuff - for fraud, criminal assault, modesty / molestation / rape, etc. The weaker you are, the more difficult it is for you to get the police to file an FIR. Having more FIR's filed is liable to get you in the dock when a starred question comes up in the assembly / parliament about number of unsolved cases, so easier option is to try and reduce the number of FIR's filed. Well, the Supreme Court has jumped right in:

Commoners, often harassed by the police's refusal to register FIRs (first information reports), have turned the tables on the men in khaki, thanks to the Supreme Court. Stating that officials in India understood only the "crack of a whip", the apex court on Friday ordered that a policeman turning away a person without registering his complaint could face contempt of court charges and cool his heels in jail if he failed to justify non-registration of the FIR.
The court has provided a detailed mechanism to citizens to make the police accountable. The bench comprising Justices Agrawal and G S Singhvi said if the police refused to register an FIR, the aggrieved person could move the area chief judicial magistrate with a complaint against the concerned officer.

If you read the linked news, you would be able to figure out the mechanism as well as the reasons behind this move. In addition, most states did not even respond to the notice by the Supreme Court, making the court even angrier.

Labels: Anger, Bureaucracy, Citizen, Governance, Judicial, Law, Police, Reform

I really wonder sometimes about whether we should blame the ordinary citizen or the police when you see laws and rules being broken so easily in the country. I was witness to something that left me wondering about this question. We see traffic rules normally broken very casually on the roads (speed limit, usage of helmets and seat belts, drunk driving, red lights, etc); most rules are broken very easily. The sad part is that most of us are guilty at some point about breaking these rules and later blaming the police for being inactive and not enforcing the rules.
I had gone to an car accessories shop for some seat covers, and witnessed a number of vehicles parked there (hogging a lot of space in the market, but that is a different story), and employees of the shop busy fixing dark film on the windows of the cars. Now, once many years back, when the police had ruled that the dark films are not allowed on car windows, I had been ordered by my parents to be the one to remove the dark film It was a painful process, and I had always hesitated after that to fix dark films because of this reason.
Now, dark films look cool; they also aid in ensuring that the car does not get so heated up in summer. Unfortunately, the dark films also end up hiding the interior of cars; preventing a clear visibility of the inside. In some of the cases where a rape has been conducted inside a moving car in Delhi, the car has typically had dark film installed. It also prevents Delhi police from being efficient in inspecting vehicles fast when they have information about criminals and terrorists. Hence, the police have decided that dark films will only be allowed up to a certain percentage of opacity.
The cars on which I could see the dark films were being installed were seemingly way beyond the level allowed by the Delhi police. When I asked one of the owners of the shop about this, he showed me a car on which the allowed level was being installed (it was in a minority). On further enquiry, he told me that most people request films more than what was allowed, and if he won't do it, others will. So, he runs a business and installs what they want.
The query that I had was now: Who is the person who is breaking the rule ? Is it the car owner who will install whatever version of the dark film that he wants ; Is it the shop owner who agrees to install the non-compliant version of the dark films ; o is the police whose rules (and enforcement of the rules) has become so ineffective that people no longer care for those rules ?

Labels: Citizen, Governance, Law, Responsibility, Traffic, Transport

Slowly, one can see a greater use of the RTI Act. The RTI Act had been pushed for long as the means to allow citizens to get openness from the bureaucracy (seen for long as a place where things were slow, and where citizens would always have to suffer). The RTI Act was meant to let citizens get information on just about any query under the sun (subject some state secrets, and some commercial secrets). It has been going through fits and starts, with many bemoaning the fact that the babudom is trying their best to thwart the implementation of the law; but as the below examples show, the Act is actually doing good in many cases. People are able to request information, and if the concerned official does not provide the information, then there are provisions of fines being levies for this non-compliance:

PATNA: State information commissioner Mohd Shakeel Ahmad, has imposed a fine of Rs 250 per day with a maximum of Rs 25,000 each against deputy collector, land reforms, Rajgir, and the circle officer of Rajgir for not providing information to an applicant, Sanjay Kumar, seeking information under the provision of Right to Information Act.

Now the fine itself may not seem like much, but the provision is that the fine is levied from the salary of the official, and also such fines are typically highlighted in the media, putting pressure on the officers to comply with the orders. Further, it is the provision of such fines that would encourage citizens to query for all the information that they want to obtain, safe in the assumption that either they will get the information, or the officer will be fined for not providing the information.

Labels: Citizen, Empowerment, Information, Law, Policy, RTI