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LATEST NEWS UPDATES | NCPRI brainstorms Grievance Redress, Whistleblower Protection by Vidya Subrahmanianm

NCPRI brainstorms Grievance Redress, Whistleblower Protection by Vidya Subrahmanianm

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published Published on Oct 12, 2011   modified Modified on Oct 12, 2011

The National Campaign for the People's Right to Information (NCPRI), which — along with other civil society groups — held a two-day convention here on its draft Bills on Grievance Redress and Whistleblower Protection, has urged the government immediately to put up the drafts for wide public consultation.

Earlier this year, the NCPRI unveiled a “Basket of Lokpal measures” intended to address corruption and grievances relating to delivery of services. Among these were legislative initiatives for grievance redress and whistleblower protection. The two-day convention, split into several sector-specific workshops, was attended by a range of stakeholders, including people from the grassroots. There was also an open session for bureaucrats and politicians, including National Advisory Council member Harsh Mander, Central Information Commissioner Shailesh Gandhi, former Chief Information Commissioner Wajahat Habibullah, and Members of Parliament Brinda Karat and D. Raja.

Aruna Roy clarifies

The rationale for the basket of measures as opposed to a single overarching Lokpal, was provided by NCPRI leading light Aruna Roy. She argued that “different types of mal-governance” required “different types of processes and resolutions.” And thus “the separation of legislation for corruption and grievances in the Lokpal Basket.” Ms. Roy said effective grievance redress must be “decentralised, transparent and accessible.”

In a concept note, the NCPRI said the Grievance Redress Bill's aim was to create a “system whereby common citizens can make the government answerable in terms of its functions, specifically in relation to its duties, commitments and obligations towards citizens.” The Bill was envisioned in two parts — a statement of obligations from each public authority and the means by which redress could be obtained in case the obligations were not met.

Under the statement of obligations, each public authority would define the services and goods it provides besides detailing the processes by which these can be accessed and laying down individual responsibility for providing the services and goods. To redress grievance each public authority would have a designated Grievance Redress Officer (GRO) who would receive and dispose of complaints within a specified timeframe and fix responsibility for the grievance occurring in the first place. Each district would have a District Grievance Redress Authority (DGRA) exercising appellate powers over the GRO, and an appeal against the DGRA would lie with the State or the Central Grievance Redress Commission.

Shekhar Singh of the NCPRI equated non-performance by a State functionary with corruption and said both needed reparative and punitive action.

Separate law hailed

Ms. Karat welcomed the idea of a separate legislation for grievance redress. However, she underscored the need to widen the ambit sufficiently to cover private service providers. “Public service is gradually getting incorporated into the private sector and in the name of choice and competition, private players are getting free play,” she said, adding that it was important to keep the future in mind while drafting a Grievance Redress Bill aimed at service providers. The second problem area, she said, was defining the eligibility of citizens getting a service. “Every citizen should be eligible for a public service. Targeting is iniquitous and undemocratic. A grievance redress law that does not address the fraudulent nature of the current practice of targeting eligibility would end up legitimising it.” She cautioned against designing a law with too many layers of supervision: “The more tiers we create, the more problems we create, leading to a bureaucratic maze.” .

* Aruna Roy: Effective grievance redress must be “decentralised, transparent”

* Brinda Karat: Redress Bill aimed at service providers must cover private service

The Hindu, 12 October, 2011, http://www.thehindu.com/todays-paper/tp-national/article2529918.ece


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