A major cause of our disillusionment with the system lies in our failure to assert our rights. When a government officer expects bribe, or gives us a below par receipt against money tendered, or does not perform his duties diligently, we fail to report the matter to his superiors. We never complain; because we think nothing will come out of it. We accept things as they are; because we think that the things will not change. In other words, we do not walk because we have no hope of reaching the destination.

Act, don't remain indifferent

We need to change this mentality that thrusts apathy upon us. For a start, every time we are short-changed at the hands of the government, we should write a letter of complaint to the concerned person or the vigilance officer of his department. Many a time, it works magic. When it does not, under the RTI Act, ask for the report of action taken on your complaint and seek other pertinent information.

General guidelines and tips

1. Do not use couriers, ordinary post or UPC. Registered post or Speed post are the best methods and they are accepted as legal proof of transmission. If you are sending anything by email or fax, make sure that you keep a good proof of it.
2. Before you prepare your application or appeal, you should read the rules framed by the concerned State Government or the High Court.
3. Even if you do not intend to carry out actual inspection of records, include a request as under in the application: “On receipt of information under this application, I intend to carry out inspection of records at your office to verify the information provided. Please advise me a date and time for inspection which should follow approx.15 days after providing me written information."
4. Try to restrict one application to one subject. Split your requirements across multiple applications according to subjects. It makes the job of the PIO easier and he is more likely to provide you good quality information and provide it sooner.
5. Ask for a free copy of the Citizens' Charter" to be supplied with the reply.

If you wish to remain anonymous

If you want to seek information that may adversely affect vested interests or may cause you financial or physical injury, you should request your distant relative or a friend or an RTI activist from another state to file the RTI application desired by you. Send him completed application form in his name and address and give him directions on how to pay the fee and submit the application.

Forcing the government to act against corruption

Government departments normally ignore your complaints and reports of corruption. To force them to act on them, use the strategy as follows:

1. Write a letter of complaint to the "vigilance wing/cell" of the concerned department.
2. Send a copy of the letter to other appropriate agencies such as CBI, CVC, DG of Police, Anti-Corruption Branch of the state government, Chief Minister, etc. by registered or speed post. Instead of writing "Copies to the following", write "Copies to the following with the request to take suitable action".
3. Two weeks later, submit RTI applications with not only the concerned department, but all other agencies to whom copies of the letter were sent. The RTI applications are meant to seek the status of your complaint and the action taken on it.
4. Since the CBI, CVC etc. have to provide you the information requested, they will have to first obtain this information from the concerned public authority by writing to them. Imagine a government officer receiving a letter from CBI talking about corruption and seeking a status report. (The battle against inclusion of CBI in the list of exempt organisations is underway)

How to use information obtained under the RTI

You have obtained information from the government department and you have got evidence of corruption in your hands. What do you do now? The next step would be to let common people know and bring the guilty to book. Some of the effective methods are listed below:

1. Arrange information in an easy-to-understand manner and give it to media.
2. Submit your findings to various vigilance agencies such as CBI, Central Vigilance Commission, local police, etc. and ask them to take action. Also request them to tell you within 15 days what action has been taken.
3. Write to the senior-most officer of the concerned department and mark copies to your local MLA, MP, Chief Minister, Prime Minister, High Court, etc. Send them all proof and ask them to take action, and give you a status report within 15 days.
4. After a gap of 3 to 4 weeks, file RTI applications with every government agency to whom you had sent your findings, and demand status report on your complaint. Since they have to give you the status report, and they cannot afford to say “we have done nothing”, they will first take action and then give you a positive status report. If nothing at all, they will start some sort of an inquiry in the matter. You should file an application every month for an update on the status of the inquiry/investigation.
5. Make your findings public through media, your personal contacts, NGOs/RWAs and by holding street or colony level meetings.
6. Plan and organize a Jan Sunwai and invite the media, RWAs, other NGOs, politicians, etc. It is a gathering of affected and interested people before whom all facts, records and evidences are placed.

Use other laws in combination with RTI Act

The RTI Act is not the only law that gives right of access to information. Beyond the RTI Act, there are some stronger provisions in other laws which promote transparency:

1. The PDS (Control) (Amendment) Order, 2004, which came into force on 29.06.04 enables citizens to directly seek information from a fair price shop owner. Punishment for withholding information may extend upto 3 months imprisonment. This Order is stronger than the RTI Act itself.
2. For getting financial assistance under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), states are required to enact a Public Disclosure Law and a Community Participation Law to strengthen people's Right to Know.
3. In or before 2010, Reserve Bank of India advised banks to convey in writing the reasons for rejection of loan applications.
4. The National Rural Employment Guarantee Act 2005 (NREGA) Operational Guidelines 2006, prescribed by the Ministry of Rural Development Department goes one step ahead in facilitating transparency by reducing time limit for disclosure of the records requested under the RTI Act to seven days and further fees for obtaining information to actual photocopying costs. Let the Sun shine brightly on Indian administration!