Impact of RTI Laws on Public Service Delivery & Challenges for Public Servants

By Munib-UR-Rehman

With the evolution of human consciousness, state-citizen relations have undergone a big change, i.e., the relationship between sovereign & subjects. Now, they are no more subjects but citizens, now, the citizen is the sovereign so he has the right to know. Right to Information has been considered one of the most effective tools of good governance.
Sweden was the first country to introduce the concept of freedom of information law to access royal information in 1766. In 1948, the Universal Declaration was also issued under Article 19. The United States was the first non-Europe country to promulgate the freedom of information concept in 1966. RTI is a part of 16 Sustainable Development Goals. Pakistan is privileged to be the first in South Asia to enact the freedom of information on 26 October 2002. KPK promulgated the RTI Act in December 2013. Punjab promulgated the RTI Act on 14 December 2013.
Canada-based CLD has undertaken a global ranking of RTI Laws. In 136 countries, the score of Pakistan is 105 and its rank is 32. Whereas India’s rank is 8 with a score 127 and Afghanistan with 139 score stands for serial No. 1. As per the Pakistan Institute of Legislative Development and Transparency (PILDAT) score-card, the overall rank and score by provinces are as under

Now the important question is that there has been no study regarding the impact of RTI on public Service delivery in Pakistan. However, due to RTI Laws, some inefficiency and systematic bottlenecks have been divulged. Due to RTI Laws in Bihar India, it was divulged that the issuance of a passport takes months and RTI played a positive role in efficient and quick service delivery.
RTI impacted the public services in the fields of water supply, sanitation, education, healthcare & rationed supplies. Other necessary measures such as the positive role of media, freedom of association, independence of the judiciary, and Coherent policy responses may also play a crucial role in the successful implementation of RTI. However, challenges for the successful implementation of RTI are political leadership, a clear legal framework, and capacity building of public officers. In 2014-15 Waseem Abbasi- a journalist had sought information regarding doctors working in BHUs. The information provided to him revealed that 619 BHUs were in Punjab without doctors. When the news was published on 25 January 2015, then Chief Minister of Punjab took notice and within one month all posts were filled.
Sindh Government passed the “Sindh Transparency and RTI Act, 2016” in April, 2017. But Sindh Government passed Sindh Information Commission (SIC) Rules in 2020. This shows the lack of interest on the part of the government in RTI. It is heartening to note that the Sindh government has introduced some good futures in the Sindh Transparency and RTI Act, 2016 like promoting transparency in government, helping in improving governance. The duties of the public body and functions have been categorically defined. It has been desired that within the 45 days of its commencement, a Designated Official (DO), not below the rank of BPS- 16 will be appointed. He will be responsible for the applications within 15 working days. If the request under RTI is declined, then the applicant may seek internal review by the Head in 60 days.
However, RTI has certain exceptions. The application under RTI may be declined on the basis of any harm to sovereignty, integrity including defense, security, public order, international relations, legal privileged information, having a serious impact on the success of a policy, etc. Under section 11, of Sindh Transparency and RTI Act, 2016 complaint can be filed on the basis of a reply submitted by the department (if the applicant is not satisfied). Under section 12 of the Act ibid, SIC is to be constituted within 100 days, comprised of 3 Members appointed by the Government for a period of 3 years. Maximum age is 65 years and 3 years tenure is non-renewable. It is the responsibility of the Singh Information Commission to receive and decide the complaints and submit the annual report to the Government. SIC has been assigned the function of deciding the complaint within 45 days. Section 21 of this Act is about the indemnity.
No sane person can deny the fact that it has many positive changes, but on the other side, it is also a fact that it is being misused by typical blackmailers in every department. Unfortunately, the general public either has no interest or no awareness regarding this act. It has had many positive effects in India due to awareness, but in Pakistan, due to lack of awareness, RTI Act, has not shown any fruitful results. Rather, it is being misused by blackmailers. Political parties have not supported this Act so far due to this the situation is not heartening and encouraging.
Only awareness can force the political parties to support it for the sake of good governance. This is the typical debate in third-world countries regarding its misuse. India has documented several cases of abuse. Professor Sridhar Acharyulu has Written a voluminous book ‘RTI: Use & Abuse, in 2015.
The Right to Information Act (RTI Act) is a powerful tool for citizens to access information held by public authorities in India. However, like any legislation, it can be misused. Some individuals file RTI requests with trivial or vexatious queries, causing a waste of time and resources for public authorities. Public servants can be harassed through repeated or intrusive RTI requests, impacting their ability to perform their duties effectively. RTI requests that seek personal information about individuals, like their medical records or financial details, violate privacy and can be misused for malicious purposes. In some cases, people misuse information obtained through RTI to blackmail or extort money from individuals or organizations. RTI can be used by political or business rivals to gather information that can be used to damage the reputation of their opponents. NGOs, if not acting in the public interest, can misuse RTI for their vested interests, which may not align with the broader welfare of society.
To mitigate the misuse of the RTI Act, there should be stricter scrutiny of the requests. Public awareness campaigns can also educate people about the responsible use of this powerful tool. Additionally, there should be penalties for those found misusing the Act, although balancing this with safeguarding genuine inquiries is crucial to maintaining the democratic spirit of the legislation.

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