From: Krishnaraj Rao <sahasipadyatri@gmail.com>
To: rti4empowerment@yahoogroups.com; rtikerala@yahoogroups.co.in; Dr Mohd Naved Khan RTIgroup <mohdnavedkhan@gmail.com>
Sent: Fri, February 4, 2011 1:46:40 PM
Subject: [rti4empowerment] Report of yesterday's meeting to form RTI Activists Union against builders & land sharks [4 Attachments]
There are thousands of Adarsh-like scams of various sizes spread out in all cities of India. RTI activists and whistle-blowers who are trying to prevent or uncover such corruption face grave threats from the building mafia. To facilitate such persons in fighting corruption, we propose to form a union or association. A meeting was held yesterday in Mumbai to discuss formation of an RTI activists association or union. The Union in proposed to have only two purposes:
(i) TO PRESSURE THE GOVERNMENT TO IMPLEMENT SECTION 4 in Building-Proposal department etc. Details: http://tinyurl.com/RTISec4
(ii) TO FILE PROXY RTI APPLICATIONS ON BEHALF OF INDIVIDUAL RTI APPLICANTS concerning all land and building activities. We propose that this union should charge an annual membership fee of about Rs 1,000 to ensure good quality of members and their continued involvement, and initial admission fee of about Rs 2,000. In return for this payment, the office-bearers will file RTI applications in their own names, attending appeal hearings, drafting replies etc. on behalf of members. The funds collected should be used for the paperwork, conveyance, legal battles if necessary, and for rewarding those who actually do the work and take risks.
This meeting had 14 participants. List & contact details: http://tinyurl.com/RTIUnion1
Some photos are attached.
Purpose no 1 was unanimously agreed. Accordingly, we will write letters and vigourously pursue the matter with Chief Minister and others concerned. However, purpose no 2 attracted heated debate, especially about the risks involved, and also about the quality of RTI applications. My close colleagues questioned the need for office-bearers of the proposed union/association to take personal risks by offering to file RTI applications on behalf of other citizens who are afraid of filing such applications.
Main points of the debate:
a) Danger of attacks by builder mafia: Are we trying to be heroes or martyrs by offering to file RTI applications on behalf of other RTI activists? Are we not making ourselves the targets of builder mafias? Who in his right mind will take such risks? How many people will take such risks?
b) Methods to minimize risk of attack: What are the practical methods of minimizing the risks that proxy RTI applicants will face while filing applications, going for inspections, appeal hearings etc.? Can we ensure safety in numbers by gathering a large membership base -- say 500 fully-paid members -- before commence filing RTI applications? Can we spread out the risk with a large core-group of say, 50-100 members who will accept the risk of filing proxy RTI applications? Will these core-group members pledge to actively support one another in case of an attack on any other core-group member? Do we have the courage and moral fibre to fulfill such pledges and stand by one another?
c) Methods to ensure quality of service & quality of members: How to ensure that we render acceptable quality of service to members? What are the terms and conditions of our agreement with members, or rules for members? What is our commitment to members?
d) Reasonableness of membership charges. Is Rs 2000 + 1000 too much, or too little? Will we bear the costs for receiving voluminous RTI replies of, say, 500 pages? Should we pass on these costs to the RTI applicant?
e) Responsibilities of members. What are the responsibilities that must be borne by original RTI applicant, who becomes our member? Should he be obliged to come for inspection of files, appeal hearings etc.? If so, will it not diminish the value of the proposed service of filing RTI application by proxy?
f) Quality & number of RTI application. Should we accept all RTI applications on Land & Building issues, or restrict it to those with a large element of public interest? How many RTI applications can we file on behalf of a single person in one year?
g) Rights of members. If we refuse to file an RTI application on behalf of somebody, can he withdraw from membership? Should we refund his full deposit? What happens if we have filed two RTI applications on behalf of someone, but refuse to file the third because we consider it unfit?
h) Area of work / jurisdiction. How far can we geographically spread out? Is it desirable to limit the area, or to spread out really wide at the initial stage itself?
In the light of the above discussion, a proposal emerged, which was broadly acceptable to many participants. FELLOW ACTIVISTS, WE NEED YOUR DETAILED OPINIONS ON THE BELOW PROPOSAL:
1) JURISDICTION. This Union or association will be restricted to Municipal Corporations of Mumbai Metropolitan Region (MMR) for practical reasons i.e. commuting, holding meetings etc.
2) STRESS ON SECTION 4 IMPLEMENTATION. Union will vigorously pursue the State government for suo-moto disclosure of all documents within a few months. Details: http://www.box.net/shared/86j960s9kg
3) PROXY APPLICATIONS. Those belonging to core committee consisting of, say 100 persons, will file proxy applications on behalf of ordinary members, fully aware of the risks involved. Members may volunteer to file specific queries according to the ri competence, or they may be chosen by lucky-draw method. They will draft and pursue the RTI applications in a way that minimizes risks -- by thinking dispassionately, like lawyers, keeping a healthy distance between themselves and the parties concerned including the builder mafias. They will avoid making any matter a personal vendetta.
4) PLEDGE OF MUTUAL PROTECTION. The core committee members' safety will lie in collective action i.e. being present for one another whenever danger arises. They should all land up in a large number at the hospital / police station / court / Mantralaya / Azad Maidan in the middle of the day or in the dead of night if required. Otherwise, all activists will be discouraged from taking risks.
5) SELECTION OF MEMBERS & THEIR RTI APPLICATIONS BY SCREENING COMMITTEE. The core committee will form a screening committee, who will decide (a) whether to admit someone as a member and (b) whether to file an RTI application on his behalf.
6) TRANSPARENT RULES & CRITERIA. Admission of members and filing of RTI applications will be done according to certain rules and criteria, which will be reviewed every year. These rules will be known to members and to all concerned. The objective is to ensure that the union acts in public interest always, even while taking up causes where public interest may not be immediately apparent.
7) NO SECRECY, ALL INFORMATION RECEIVED WILL BE UPLOADED. Those who use RTI for blackmailing will be discouraged because all information and documents will be promptly scanned and uploaded into public domain. No secrecy and confidentiality will be maintained. This will also minimize threats by removing the incentive to silence individual RTI applicants by threats and violence.
8) RESPONSIBILITY OF THE MEMBER. Citizens who become members for having RTI applications filed by the union cannot wash off their hands. They will have to accompany the core committee members on RTI inspections and appeal hearings as advisors. They must follow up and maintain close contact with the concerned core committee member. If the costs incurred on their behalf cross a certain limit, they must reimburse costs as per the rules to enable the union to function properly.
9) REWARD/REIMBURSEMENT FOR SERVICE PROVIDERS, CHARGES FOR SERVICE RECEIVERS. Those who join the union to serve on the core committee will be service providers. Those who join for having their RTI applications filed will be service receivers. Rules will be framed so that service providers are financially rewarded for their efforts, and service receivers are appropriately charged for services.
10) SUPPORT FROM PUBLIC CONCERN FOR GOVERNANCE TRUST (PCGT), OTHER NGOS & DONORS. Mr D S Rangarao, who was present on behalf of PCGT, offered support in terms of office premises as well as strong voices of anti-corruption stalwarts such as Narayan Varma and Julio Ribeiro. Sudhakar Malpe and others present also offered similar support of their NGOs. G R Vora and Viren Shah assured monetary and other support, but stressed that their concerns about mitigation of risks must be adequately addressed through proper size and structure of this union.
11) LEGAL GROUNDWORK & REGISTRATIONS. Needless to say, once the structure of this union/association is decided, the body will be registered so that money received will be transparently utilized. Only after this will membership fees etc. be collected.
Fellow activists living in Mumbai Metropolitan Region (i.e. Mumbai, Thane, Navi Mumbai, Kalyan etc.) here is a further question for you: IF THE ABOVE OUTLINED CONDITIONS ARE FULFILLED, WOULD YOU FILE AN RTI APPLICATION ON SOMEONE ELSE'S BEHALF to uncover and prevent scams like Adarsh & Lavasa, encroachment of public spaces and destruction of mangroves? Please answer this question in Yes or No.
If your answer is yes, we would especially urge you to come for OUR NEXT MEETING, TENTATIVELY SCHEDULED AT 6 PM ON SATURDAY, 12 FEBRUARY in South Mumbai. Of course, those who say No are also welcome to come and share their opinion on relevant matters.
Warm Regards,
Krish
98215 88114
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