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Anjali

 

Satark Nagrik Sangathan

Satark Nagrik Sangathan (SNS) is a citizens' group with a mandate to promote transparency and accountability in government functioning and to create a vigilant citizenry. It aims to develop change leaders who affect a substantial and lasting impact on the most relevant issues of governance within their communities.

The key strategy of SNS has been to assist people exercise their Right To Information (RTI) using tools like the National RTI Act and the Delhi RTI Act. These Acts provide citizens the right to seek information from Government departments with respect to their working. It is often difficult for people, especially the poor, to access their entitlements because of lack of awareness and more importantly, because of the inherent fear a common person has in questioning the system. SNS works on all these fronts so that ultimately people have the information and the confidence to effect change.

SNS's endeavour is to empower individuals to fight corruption and the arbitrary exercise of power so that they can understand, demand and use their legal entitlements for their everyday needs of food, sanitation, water and basic infrastructure. It also helps them engage with the government on issues of policy formulation, implementation and actively participate in the effective utilization of public funds. The activities of the Sangathan are carried out by volunteers and by full time workers who draw a monthly stipend. Funds for all activities are raised primarily through individual donations.

Members of SNS have been working closely with residents of slum settlements in Delhi and Mumbai on various issues including social security, sanitation, education and the Public Distribution System. More recently, SNS has also been helping them demand accountability from their elected representatives. In 2003, SNS began its activities in five slum clusters of the Malviya Nagar and Hauz Khas constituencies of Delhi - Jagdamba Camp, Malviya Nagar Corner, Begumpur, Lal Gumbad and Swami Nagar. A majority of the 7000 families residing in these slum settlements live below the poverty line and have little knowledge of the government systems and schemes operating in their area. As a result they are often deprived of even their basic rights. To educate these people of their legal entitlements, SNS volunteers hold regular meetings at different locations in the bastis . They help slum dwellers use the RTI Act to get information from several Government departments responsible for the delivery of critical services to them, such as the Food and Civil Supplies Department, Delhi Jal Board and the Municipal Corporation of Delhi. SNS has set up a “Soochna Ghar” or Information Center in Malviya Nagar which acts as a focal point where people come together to attend regular meetings, to get assistance in preparing applications, and to take part in workshops on legal literacy, role of the Government, RTI and other subjects.

In the middle and high income colonies, SNS assists individuals and Resident Welfare Associations (RWAs) to use the R TI for obtaining information on civic works like road maintenance, sanitation, and laying of water and sewage pipes. Residents of these areas have been participating actively in SNS's work to demand transparency in the working of elected representatives.

In 2006, SNS initiated its work in Mumbai where it is working actively with different groups to create awareness about the RTI and assist people exercise their right to information to demand transparency and accountability in government functioning. The groups SNS is working with in Mumbai include NGOs working in slum settlements, residents of middle income colonies and students from different colleges.

1.1 Activities of SNS

SNS is working closely with residents of both low-income slum settlements and higher income colonies. It is presently focusing on the following activities:

1.1.1 Demanding transparency and accountability in the functioning of the PDS

SNS has been working work with residents of low income slum settlements in Delhi to ensure that they get their rightful entitlements under the Public Distribution System (PDS) – a scheme wherein the government spends close to Rs 30,000 crores annually to provide essential commodities like food grain and kerosene oil at subsidized rates to the poor.

In meetings with slum dwellers, SNS discovered that people had not been receiving their entitlements of food grains and kerosene oil and in fact in slums of Malviya Nagar, there were many ration shops, which had not distributed the ration for years. Interactions with slum dwellers indicated that most people did not have even basic information on their rights under the PDS. In response to these problems, SNS began disseminating information on the PDS (such as quantity and price of ration) through street corner meetings, pamphlets and posters. It also assisted slum dwellers file RTI applications seeking relevant records from their Fair Price Shops (FPS) such as photocopies of stock registers, daily sale registers and inspection books.

In July 2004, on the basis of information obtained on ration shops in Malviya Nagar, a jan sunwai (public hearing) was organized by SNS and for the first time, ration cardholders were provided a forum to publicly demand accountability from government officials and FPS owners responsible for large scale pilferage of rations. As a result of the hearing and consequent follow up, show cause notices were served to ration shopkeepers, and the licenses of several shops were suspended. It resulted in a drastic improvement in the functioning of the PDS in the area– ration shops now supply most cardholders their full quota of grains and oil. The behavior of the Food Department officials and shopkeepers towards cardholders has also changed significantly.

In an effort to consolidate the PDS work undertaken by the slum communities in conjunction with SNS, vigilance groups consisting of cardholders from the slum clusters have been set up to monitor fair price shops in Malviya Nagar. They have been trained to audit and maintain records of the availability, quality and distribution of ration in their area. The Department of Food and Supplies of the Delhi government has also made records of the FPSs available for monthly public audits.

SNS has facilitated change in policy by continuous interface between slum communities and the Food department . The prime example of this is the restoration of kerosene oil quota for many families living in slums. In 2005, the kerosene oil quota for APL (Above Poverty Line) cardholders was reduced from 22 to 5 litres by the Food Department. SNS organized the affected people living in slums and assisted them in sending over a hundred petitions to the Commissioner as a result of which the quota was increased back to 22 liters a month for APL cardholders living in slums, bringing much needed relief to not just poor families in Malviya Nagar but in all of Delhi .

1.1.2 Monitoring social security schemes

One of the focus areas of SNS has been to develop peoples' capacities to access benefits of the various social security schemes such as old age pensions, pensions for widows and handicapped people run by the Delhi government.

Several people have used the RTI Act to pressurize government departments to get the pensions due to them, which until now have been denied by government officials for no legitimate reason. Examples include cases of Kasturi Devi, Jamila and Guddi who lost their husbands many years ago but were not being given any pension despite the extreme poverty in which they were living. It was only when they filed RTI applications seeking the reasons for repeated rejection of their forms that the officials felt pressurized and sanctioned their pensions.

80 year-old Laxmi Devi lives alone with her 60 year old daughter in Khirki Gaon slum and their sole means of income is the little money that her daughter earns working as a domestic help. In May 2005, she applied to the Municipal Corporation of Delhi for consideration under the Old Age pension scheme. For almost a year, despite her and her daughter making numerous visits to the MCD office to find out about the status of her application, she was not given her pension. Laxmi Devi finally sought help from SNS and decided to file an RTI application. In the application, she asked for the reasons for not getting her pension and the contact details of the officer responsible for processing her case. After no information was received in the requisite 30 day period, she filed her first appeal and the appellate authority passed an order directing the concerned officials to provide the information within 15 days. Although the MCD ignored the order, the inspector who had accepted her original application contacted her, claiming that he had lost her application but was willing to pay her the pension amount due till date out of his own pocket. He also assured her that if she were to submit a duplicate application, he would personally ensure that her pension would be sanctioned. She re-applied in September and in November 2006, her pension was sanctioned.

 

1.1.3 Demanding transparency and accountability from elected representatives

In October 2006 SNS launched a c ampaign aimed at demanding transparency and accountability from elected representatives using the RTI Act. This is the first campaign of its kind in India wherein the Act is being used to demand information about the functioning of politicians. The rationale for launching this campaign stemmed from interactions of SNS members with individual voters from different income groups which showed that most people are not aware of the stated roles of elected representatives. They had no idea of how much funds were given by the government to these representatives for local area development and how these funds are spent by them. Citizens, especially the poor, said that they were only approached by politicians at election times and never consulted by them after elections. Even when they approached their elected representatives - Councillors, MLAs and MPs - to get critical basic problems resolved like getting a tubewell dug for drinking water supply etc, they were told that there was no money available for the purpose.

SNS initiated the campaign with demanding information about the functioning of Municipal Councilors in Delhi . SNS helped voters seek information, using the RTI Act, on how the Municipal Councillors in Delhi are utilizing their Discretionary Councillor Funds. Each of the 134 MCD Councillors - local area elected representatives - in Delhi is allocated money every year under the discretionary Councillor Funds Scheme to spend on the development needs of their respective wards. The total sum allocated to Councillors in Delhi was approx Rs 520 crores over the period 2002-2007 – each Councillor was allocated Rs 65 lakh in 2002-03, in 2003-04 and 2004-05 the amount was Rs 75 lakh, in 2005-06 and 2006-07 Rs 87 lakh were allocated.

Details of all works undertaken using the Councillor Funds during 2002-2007 were sought, including: name of works awarded, total amount sanctioned for each of these works, date of start and completion, name of contractor etc. As per Section 4 of the RTI Act 2005, t his crucial information should be made available proactively by the MCD – without citizens having to make an application and wait for 30 days. However, it became clear that the MCD and its Councilors do not put this information in the public domain through any boards, website, publication, or other means. Even when citizens applied for the information under the RTI Act, the information was obtained with great difficulty and SNS had to help people file numerous appeals. Information was finally obtained after several months of struggle. The records obtained finally were in a complicated format and in a language difficult for any layperson to understand.

SNS demystified the records obtained and disseminated the information in many wards of Delhi before Municipal Councilor elections were held in Delhi in March 2006. SNS organized information camps and meetings for information dissemination.

Three crucial problems that emerged when the information obtained was analyzed and disseminated are:

  • Councillors are not spending Councillor Funds on the most pressing priority development needs of their ward members. There is a huge gap between the needs of the citizens and the expenditure pattern of the councillors. For instance, in areas where drinking water is not available to residents, local area development funds have been spent on building fountains and raising boundary walls of parks.
  • There are no mechanisms for citizen participation in place in deciding the best possible utilization of these funds and
  • Most alarmingly, there are no guidelines at present that govern how the councilors should use their allotted funds.

For the purpose of the campaign, SNS partnered with the media to ensure the widest possible dissemination of the obtained information and mobilize people. NDTV (on their ‘Fight for Delhi ' programme), Doordarshan and Hindustan Times ran a series of stories on the campaign.

SNS now, together with interested citizens of Delhi , intends to:

•  Demand that the Municipal Corporation of Delhi provide this information proactively to people in formats that are easily understood by common people. (Currently, there is no mechanism in Delhi to proactively inform citizens the details of how Councillor funds are spent- a violation of Section 4 of the RTI Act)

•  Demand that proper guidelines be evolved and adopted on how Councillor Funds should be spent. SNS is in consultation with residents from all income groups and an initial draft note on the guidelines is being prepared.

•  Demand from Councillors that their funds be spent on peoples' most pressing development needs.

SNS intends to expand this campaign to demand transparency in the working of other elected representatives namely MLAs and MPs in Delhi . In addition, SNS will eventually initiate this campaign in Maharashtra .

1.1.4 Work on education

SNS has been working on the issue of non-implementation of the Delhi High Court's 2004 orders which make it mandatory for public schools (dependent on government grants in any form) to reserve 20% seats for students from economically weaker sections of society.

When SNS disseminated information about this order to residents of slum settlements in Malviya Nagar, several people approached Apeejay School and Manav Bharti Scool (public schools in the area) for admission forms but were turned down by school authorities on various pretexts. SNS members then accompanied them to meet the principal of the school and helped them file RTI applications to the Directorate of Education seeking information regarding availability of seats for the poor in the school and the eligibility norms. Response to the RTI applications revealed that the schools were obliged to give admission to a large number of poor students. Armed with this information, people mounted pressure on the school authorities, with the result that the schools was compelled to interview 66 students out of which 25 were selected for admission in 2004-05.

On learning about the Delhi High Court's order, making it mandatory for public schools to reserve 20% seats for students from economically weaker sections of society, Kanhaiyah Lal, a resident of a low-income colony in Chirag Delhi, applied for his granddaughter's admission to Apeejay School in April 2006. Though the academic session began in mid-July, Kanhaiya did not receive any response from the school. He made several futile trips to the school and the Directorate of Education trying to find out the status of his granddaughter's admission. Finally, with the help of SNS, he filed an RTI application in the Directorate of Education seeking information on the status and progress of his granddaughter's admission application. In response to the RTI, he was informed that the application was under consideration and within a week his granddaughter was granted admission and is not required to pay any school fees.

 

SNS intends to expand its work in the field of education and focus on the quality of education imparted in government run schools by setting up monitoring and vigilance groups.

1.1.5 Water supply and sanitation

Lack of reliable water supply and poor sanitation were problems that a large number of people – living both in low-income settlements and higher income colonies – brought up in SNS meetings and wanted to address. SNS took up these issues and undertook activities in several pockets to help citizens demand accountability from government departments responsible for provision of water supply and sanitation resulting in improvement of these services.

1.1.6 Creating legal awareness and encouraging people to get their work done in the government without paying bribes

SNS regularly conducts workshops and camps in Delhi to spread legal awareness among people, especially the poor regarding their rights as citizens' vis-à-vis the police, rights of women and legal entitlements of beneficiaries of various government schemes. Many workshops in the communities are jointly organized with organizations like MARG – Multiple Action Research Group.

People are also made aware of the various rules, regulations and procedures in different government departments and are informed about the roles and responsibilities of government functionaries. The result is that many people effectively resist demands of bribes and get their work done in government departments. One prime example has been that parents of over 100 children have got birth certificates made without payment of any bribe to the police and other officials – something that was inconceivable earlier.

In 2006, Radhe Sham, a construction worker hopeful of finding work in the Middle East , applied for a passport . The officer in charge of passport verification at the local Police Station asked him to deposit one thousand rupees as ‘processing' charges for verification. Frustrated after making numerous visits to the to the passport office, he filed an RTI application in November in the regional passport office with the help of SNS volunteers, seeking a daily progress report about his case. Concerned about the consequences of the RTI application, the police officer responsible for verification contacted Radhe Sham and told him that the verification process was on. A few days later, the passport office informed Sham that his passport was ready and Radhe Sham received his passport.

1.1.7 Working with residents of middle income colonies

SNS helps interested RWAs use the Right to Information laws to obtain information on civic works, such as road maintenance, laying water and sewage pipes, sanitation and cleaning drains. It encourages RWAs to seek detailed information on Government works in their areas and undertake social audits to monitor on-going developmental activities.

SNS also conducts workshops on the RTI for RWAs and residents in Delhi and NCR region. A large number of RTI applications related to horticulture, sanitation, roads and water supply have been filed as a result. In Sheikh Sarai and Sarvodaya Enclave, for instance, residents used the RTI to seek information and consequently get their colony roads repaired.

Residents of Sheikh Sarai-1 had for long been demanding that their colony roads , which had been in a poor shape for over ten years, be repaired. The President of their Residents' Welfare Association finally filed a RTI application regarding the roads - the information he received was shocking. Over Rs 1 crore had been sanctioned to carry out the dense carpeting of the colony roads. This prompted the agitated residents to file another RTI application seeking a certified copy of the contract signed between the MCD and the contractor. To the utter surprise of the residents, the roads were carpeted just days before they were to receive this information!

1.1.8  implementation of the RTI law

In addition to the various activities and campaigns, SNS constantly undertakes activities to create awareness about the RTI Act and to ensure that the RTI law is effectively implemented. SNS holds workshops, discussions and camps to create awareness among people about their right to information. The participants at these workshops and meetings include slum dwellers, RWA representatives and representatives from NGOs. SNS helps citizens file a RTI applications under the Delhi RTI and the National RTI Acts on various issues in different government departments.

Members of SNS have been training Public Information Officers and Assistant Public Information Officers in various states including Delhi , Uttar Pradesh and Uttaranchal about the provisions and implementation of the National RTI Act, 2005.

In addition, the sangathan works towards ensuring proper implementation of the RTI Act by the government. A public hearing on the Right to Information was organized by SNS on the 5 th of March, 2006 in Delhi . The public meeting, the first of its kind to be held in the country, provided a forum to those who used the National RTI Act to share their experiences and citizens publicly presented their testimonies with respect the problems being faced by them in accessing information under the National RTI Act. Over 200 interested citizens and the Chief Information Commissioner of India , Wajahat Habibullah, attended the meeting.

In 2006, the government proposed amendments to considerably weaken the RTI law. SNS organized a jan sunwai (public hearing) in the Capital to protest against the proposed amendments to the Right to Information Act, 2005. Citizens from various sections of society testified about how the RTI – especially access to file notings - helped them access their basic rights and entitlements and how diluting the RTI Act, 2005 would adversely impact them. Over 300 people participated and the hearing. The meeting was presided over by Rajya Sabha MP and senior CPI (M) leader Ms. Brinda Karat and Shekhar Singh, Convenor of the National Campaign for Peoples' Right to Information.

1.1.9 Youth activities

With a view to reaching out to the youth , several youth meetings and trainings are organized by SNS in various universities. Discussions and presentations on the right to information are organized in various colleges of the Delhi including Lady Sri Ram College , St Stephens, Kirorimal, Hindu college, Amity Law School among others.

The first ever Right to Information Youth Festival was organized by Satark Nagrik Sangathan in collaboration with MKSS and NCPRI on Thursday, 23rd November 2006 at the Delhi University. Over 2000 people participated in the festival. The festival aimed at creating awareness about the RTI among young people from all sections of society, and acted as a forum for the youth to coalesce as a pressure group to discourage the Government from introducing any amendments to the RTI Act.

1.2 SNS in the media

SNS's work has received both national and international press. Specifically, the successful cases of peoples' empowerment using RTI and the jan sunwais organized by SNS on various issues such as the Public Distribution System, implementation problems in the RTI Act etc have been covered extensively by the major English and Hindi newspapers in India, including the Times of India, the Indian Express, Hindustan Times, The Asian Age, The Hindu, Hindustan, Dainik Bhaskar. The activities undertaken on the campaign on demanding transparency and accountability from elected representatives received a great deal of coverage from NDTV, Hindustan Times and the Times of India.

 

 

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