In the realm of civic engagement and governmental accountability, the Right to Information (RTI) has emerged as a formidable instrument, often surpassing Public Interest Litigation (PIL) in its effectiveness and immediacy. Recent events in Nepal have underscored this point, demonstrating how RTI can swiftly address systemic issues without the need for lengthy court proceedings.
The Right to Information Act, 2064 (2007) in Nepal has played a crucial role in empowering citizens to access information held by public bodies. This act defines public bodies broadly, including government institutions, political parties, and even NGOs receiving government or foreign funding.
RIT empowering citizens
It establishes the citizen’s right to information as a fundamental principle, with specific provisions for requesting and receiving information from public entities. While Public Interest Litigation has long been considered a potent tool for addressing issues of public importance, RTI has proven to be a more direct and efficient means of effecting change.
RTI empowers citizens to access information held by public authorities, enabling them to identify issues and demand corrective action without the complexities and delays often associated with court proceedings.
The Act stipulates that information requests must be responded to within 15 days, and in cases related to an individual’s life or liberty, within 24 hours. The power of RTI was recently exemplified by the actions of Bivek Chaudhary, a law student at Nepal Law Campus. Chaudhary’s strategic use of RTI not only addressed a significant privacy concern but also set a powerful precedent for citizen-driven change in Nepal. He identified that the Department of Transport Management was publishing citizens’ citizenship numbers in driving license examination results, a practice that raised serious privacy concerns.
Chaudhary filed an RTI request seeking information on the legal basis for this practice. When the department failed to respond within the mandated 15-day period and seven days extra, he escalated the matter to the National Information Commission, as provided for in the RTI Act.
This action prompted the department to acknowledge its mistake and commit to rectifying the issue. The department’s response demonstrates the effectiveness of RTI in promoting government accountability. They admitted that including citizenship numbers in the driving license exam results list not only violated privacy-related laws but also contravened the guidelines for conducting driving license exams. As a result, the department issued a circular to transport ministries in all seven provinces to take necessary actions to address this issue.
Furthermore, the department committed to upgrading its software system for driving license-related tasks in the fiscal year 2024/25, addressing the root cause of the privacy breach. This outcome highlights how RTI can lead to systemic changes and improvements in governance.
RIT for whistleblower protection
The Right to Information Act’s provision for whistleblower protection is a crucial element that further enhances its effectiveness in promoting transparency and accountability. This provision ensures that individuals who come forward with information about corruption, mismanagement, or other irregularities within public institutions are shielded from potential retaliation.
By offering this protection, the Act encourages a culture of openness and integrity within government bodies, where employees feel safe to report wrongdoing without fear of losing their jobs or facing other punitive measures.
Chaudhary’s success story serves as a beacon of hope and a practical guide for citizens seeking to effect change. It demonstrates that with persistence and proper utilization of the RTI Act, individuals can challenge established practices, even those implemented by powerful government departments. His case is particularly significant because it addressed a systemic issue that affected countless citizens, showcasing how RTI can be used not just for personal grievances but for broader public interest concerns.
The effectiveness of RTI in this case, compared to the potential use of PIL, is striking. While a PIL might have taken years to move through the court system, with no guarantee of success, Chaudhary’s RTI request prompted action within months.
This speed and directness of impact highlight why RTI can often be a more potent tool for citizens seeking to address public issues promptly. As Nepal continues its journey towards a more robust democracy, the Right to Information Act stands out as a vital instrument for ensuring government accountability.
Chaudhary’s case has set a valuable precedent, showing other citizens that they too can use RTI to challenge questionable practices and protect their rights. This precedent is likely to inspire more citizens to turn to RTI as their first recourse when confronted with issues of public concern, potentially reducing the burden on the judicial system and leading to a more efficient resolution of public grievances. However, the full potential of RTI can only be realised through continued efforts to raise public awareness about this powerful tool.
RTI for fostering transparent and accountable governance
Many citizens may still be unaware of their right to information or unsure about how to exercise it effectively. Therefore, there is a pressing need for educational initiatives, workshops, and public campaigns to inform citizens about the RTI Act and its procedures. Equally important is the need to build capacity within public institutions to handle RTI requests efficiently and transparently. This includes training officials, improving record-keeping systems, and fostering a culture that values openness and accountability.
The triumph of RTI over PIL in cases like Chaudhary’s marks a significant evolution in how citizens can engage with their government and effect change. RTI offers a more accessible and direct path for citizens to seek information and demand accountability, bypassing the often lengthy and complex processes associated with PIL. This shift is particularly important in developing democracies like Nepal, where strengthening public trust in government institutions is crucial for long-term stability and progress.
As Nepal and other emerging democracies continue to develop, the role of RTI in fostering transparent and accountable governance is set to become even more pivotal. By empowering citizens with the right to access information, RTI acts as a powerful check on government power and a catalyst for positive change. It allows citizens to play a more active role in governance, moving beyond periodic voting to ongoing engagement with public institutions.
In the long run, the widespread use of RTI can lead to a more informed citizenry, more responsive government institutions, and a stronger democratic culture. As citizens become more adept at using RTI to hold their leaders accountable, it can create a virtuous cycle of increased transparency and improved governance. This, in turn, can help build public trust in democratic institutions and processes, which is essential for the long-term stability and success of any democracy.
