Activists have welcomed Maharashtra Chief Minister Devendra Fadnavis’ efforts to ensure accountability to citizens but have termed his Right to Services Bill, a draft of which is online, vague and ineffective.
The RTS is intended to give the people the legal recourse to hold an officer accountable and ensure time-bound delivery of services. However, activists and organizations while praising the intentions of the government have expressed doubt over the effectiveness of the RTS in its present form.
The draft of the bill has been put online on the government website to invite suggestions from the public before sending it to the Cabinet for the final approval.
Lok Adhikar, a citizen’s group promoting awareness and implementation of the Right to Services Act, said the RTS was a major step in ensuring accountability of the government to the people but also highlighted many “shortcomings” which the government needed to address. The issue of what services will be covered and time is left for a future notification, the group pointed out.
The group said the draft does not specify the amount of penalty to be levied.
The draft is "completely toothless" and has weak provisions, Shailesh Gandhi, RTI activist and former Chief Information Commissioner said. “There are talks of penalties but no mention of the degree of penalties. There are no time periods clarified. It is kept deliciously vague,” Mr. Gandhi said. In its present shape, the Bill would not function.
With "transparency" ranking high on his agenda, Mr. Fadnavis in his first decision after swearing in as CM had instructed the Chief Secretary Swadheen Kshatriya to have a draft of the Right to Service Bill ready within a month. “A form of citizen's charter, to provide better services to the people who can take legal recourse if they don't get them,” Mr. Fadnavis had said.
After 15 years of the NCP-Congress regime, which was riddled with corruption charges, Mr. Fadnavis’ decision has received much praise. According to activists, the RTS would cut red tape and harassment of common man. The officials will be fined upto Rs 5,000 for not providing services to the citizens and may also face disciplinary action for being a repeat defaulter.
An existing act-- the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Duties Act of 2006 — already focuses on the timeline bound service delivery to citizens and fixed tenures for government officials, but has been ineffective.
Mr. Gandhi takes a jibe at the lack of awareness about such provisions. Mr. Gandhi said the Transfers and Delays Act 21 (2006) was almost relegated to a “confidential act.” “Government officials don’t know anything about it, the citizens don’t seem to know about it.” Mr. Gandhi said.
The activist, while comparing the RTS to the Right to Information act, agreed in principle that the two provisions were only some of the few that were made to "empower citizens" to get something from the government. "Usually legislations are to discipline people. RTI gives only info. RTS gives you action. But not many people are even aware of it,” Sanjay Ubale, former Secretary, Special Projects, Government of Maharashtra said.
