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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 6
February 10, 2007

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Law Opinion

Right to Information Act can reduce corruption

Tania Noor & Issmert Sagor

Bangladesh is no longer the top most corrupt country in the world. Last year we were placed in the 3rd position of the Transparency scale. But the explanation given by the TIB in this regard does not offer us even a little bit of satiety. TIB informed that the change of the position is not because of the reduction of corruption; corruption prevailing in Bangladesh is the same as before. The reasons behind the change are the increase of corruption in some countries at an alarming rate and also the inclusion of some new countries in the list.

Bangladesh had secured the top position in the TIB index as the most corrupt country for consecutive five years. A lot of discussion took place concerning the ways of the reduction of corruption, and still it is going on. As a result of this a demand for the formation of an Independent Anti Corruption Commission was raised. At first the government was reluctant, but under the pressure of the donors it established a so called “Independent Anti Corruption Commission” two years back, but it has miserably failed to run it effectively as yet. After coming to power, the politicians generally get involved more in plundering than anything else. Therefore, why they will establish a commission which can become a threat to them? Some intellectuals suggested mass awareness and social movement as an effective way to curb corruption. But if we look into the matter in the present context it can be revealed that in every sector the common people are victimised; even though they become concerned about their exploitation what can they do to resist it? They do not have any arms in their hand with which they can fight against corruption.

However, in reducing corruption the “Freedom of Information Act” can play an important role; India is a glowing instance in this regard. A question may of course rise, how “Freedom of Information Act” can be an effective tool to reduce corruption? Many may think it something concerning only journalists: if this law is introduced the beneficiary will be the journalists getting an easy access to information. But a close observation projects a different picture.

By the help of this law the newspaper may be enriched, but the common people will receive the ultimate benefit. With the introduction of this law not only the interests of the journalist will be protected but also the rights of the people of the country will be secured. When the country runs by the tax paid by the people they have a right to know how the government is running the country, which department of the government is performing what job, whether the money paid by them is spent properly or not.

Laws regarding right to information became effective in India one year back. Only within this one year the mass people used this law in such a way which forced different long lasting irregularities transform into regularities in different governmental works. As a result the corruption has come down to a satisfactory rate. Statistics shows that because of the “Right to Information Act” the corruption is reduced by 50 percent in the State of Rajasthan. Under the Indian “Right to Information Act” a citizen is entitled to know any matter except those concerning the security of the state. A citizen may want to know any information of any government department by submitting an application, and that department is bound to inform. If they fail to make available the required information within 30 days, the officer entrusted with the duty of providing information will have to face punishment and fine. The people are using this law for fighting any irregularity or corruption in the government office. For example: if someone finds that the drains of his locality are not cleaned for about a month. He then can file an application to the local municipal office requiring to know the number of sweepers working in his area as well as after how many days the drains are supposed to be cleaned as per law. This kind of application usually shakes the local municipal office. Because, maybe according to law, the drains are supposed to be cleaned once a week and adequate number of sweepers are already appointed for the purpose. The information applied for must be provided within a month but the applicant may find that after the filing of application the sweepers are coming once in a week and cleaning the drains properly. The “Right to Information Act” has thus been turned into a great device of curbing corruption for the people of India .

But the enactment of this law in India was a tiresome job. The civil society was fighting for this law for a long time; they also pressurised the government for the enactment. Then the government passed the Freedom of Information Act in 2002. After the confirmation of the President the law became effective in January, 2003. But the concerned civil society of India refused to accept the law which was actually formatted by the bureaucrats. They found that the law not only failed to ensure the right of the citizen to know information but also contained some provisions helping to conceal information. That law had no provision for appeal and no penal measure for the officer refusing to provide information. Demanding an effective “Right to Information Act” the civil society started a national movement forming “National Campaign for People's Right to Information”. Because of this movement the government was made to pay heed to the demand. The government formed an advisory council consisting of the representatives of the Civil Society to find out the drawbacks and loop holes of the existing law. According to the suggestion of Advisory Council a Bill was presented in the new parliament in 2004. The Bill was passed in June, 2005 and became effective from October, 2005.

We can use this experience of India in our country too. We want “Right to Information Act”, but any law proposed by the bureaucrats is useless. If this job is entrusted with them, they will make no stone unturned to form a law which will protect them from any inconvenience. In order to protect the right of information of the people, the draft law should be made after consulting with the civil society and experts on the concerning issue. Generally the bureaucrats form the skeleton structure of any law and the general people have to abide by, but this law should be different. This law should be the tool to protect the interest of the people and the bureaucrats shall be bound to abide by. Through this kind of law the accountability and transparency of the bureaucrats and government officers can be ensured. Corruption in different sectors of government can be prevented much by the help of this kind of law. Since the example of India is before us, so it would not be hard to find a way with the help of this law. What we just need is to start the work in our country. Under the supervision of Law Commission the draft of “Right to Information Act” has been already prepared. Manusher Jonno is also doing advocacy and campaigns in favour of a law regarding right to information. In this work they are involving people from different sectors of the society. They are receiving suggestion from different professional groups of the society after presenting the draft law. They are advancing in a right direction. We hope the draft would be prepared properly. But how accurate the draft can be, if it is not accepted by the political parties and initiated to turn into law, it has no value. Along with the preparation of the draft pressure should be created on the political parties at a time.

The election is in the offing. The political parties are supposed to publish their manifesto. They must start thinking about the contents. The political parties which do not pledge to materialise the “Freedom of Information Act” through their manifesto will run the risk of being identified as siding with the corrupt bureaucrats and officials. Will the people like to see and allow such political party in power?


The writers are the students of Law Department, Dhaka University.

 
 
 


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