Presentation by Hemant Goswami on RTI and Human RIghts. This is part of the
talk delivered by Hemant Goswami in Punjab University Chandigarh on March 5,
2010.
2. Human Rights?
My understanding of Human Rights
1. To enjoy everything what the nature has given
you ……. unhindered
2. Enjoying it within reasonable parameters of
‘Civility’ ………… i.e. …….. In accordance with the
mutually agreed upon safeguards for uniform
enjoyment of natural rights
“All human beings are born free and equal in dignity and rights”
3. What Role Does the State
have in this?
Just to ensure that everyone’s rights are protected and
everyone is ………………
2. Enjoying it within reasonable parameters of ‘Civility’ …………
i.e. …….. In accordance with the mutually agreed upon
safeguards for uniform enjoyment of natural rights …
[Constitution and Laws]
State has no business to walk even a small step
further than this ….
4. In India
Chapter III of the Indian Constitution can said to be
India’s declaration of Human Rights
Despite this, there have been numerous dilutions ….
We have also carried over the burden of our legacy of
oppression ……. Carried it forward from the unfair rulers
and occupiers with little application of mind.
Article 19(1)(a) can be said to be the First Right
5. Article 19(1)(a)
19. Protection of certain rights regarding freedom of speech, etc. - (1)
All citizens shall have the right- (a) To freedom of speech and
expression;
There can be no freedom, if there is no “Freedom of
Speech.” In all oppressions, freedom of expression is the
first causality ….
In INDIA we have never seen true ‘Freedom of Speech and
Expression.’ If this right is not ensured (and safeguarded) then we
are bound to loose our freedom and democracy
6. RTI and 19(1)(a)
If free flow of information is missing, then how can
there be freedom of speech and expression?
Open and free dialogue is possible only when sufficient
information is available for further deliberations and
discussion
Dialogue, discussions and expression must be free from
any retaliation or oppressive/suppressive action
7. Right to Information
RTI is part of this basic Human Right …….. It’s the
most basic of the rights
Makes it mandatory on the custodian/trustees for
safeguarding ‘Civility’ to share all information, inputs and
output which was processed during the ‘Service to the
Public/Humanity’
Intents to open up dialogue for necessary corrective action
and ensure development in the right and desired direction
Protect equal distribution of good among all ……….. All other
rights dependent on this right
8. How we have been doing till
now in India?
Extremely
BAD
9. The Present Scenario
There is freedom of speech even inside the Parliament … what to say
of common man. Constant fear of retaliation; both direct and indirect
Various Cities (Including Chandigarh) see frequent violation of
Chapter III …. For example part of Chandigarh is continuously under
Section 144 Cr.P.C. Which means; your constitutional rights have been
hijacked
Information is not shared ……. Even at the highest level. Transparency
is not maintained. Free speech is not accepted
State machinery, including police, is non responsive even to individual
cry of grievance …… even registration of an FIR is not possible
without paying bribes.
Political environment is also not conducive to free speech and free
flow of information
10. Use of RTI for corrective
action
What RTI is being used for since 2005
• Exposing wrongs done to oneself
• Public resources
• Exposing public corruption
• Speeding up the process without the
SPEED…money
• Corrective policy intervention by citizen groups
11. What RTI has actually done
Brought greater
degree of ‘freedom of
speech and
expression’
…….. paved way for comprehensive human rights
This single act has helped human rights more than anything else
12. What you can do?
Can you take complete responsibility of 50 yards radius around you?
My Philosophy of Citizens’ Action