Raising a Stink over Toilets: Using RTI for Fixing Accountability in the Nirmal Gujarat Campaign
The Problem:
The Government of Gujarat spends several crores every year to improve toilet and sanitation facilities for the poorest families in the State. Under the Nirmal Gujarat Campaign launched in 2007 families below the poverty line (BPL) receive partial financial assistance from the government for constructing modern toilets. They are required to contribute a small amount from their own pocket as well. However the scheme is riddled with corruption and does not always work to the satisfaction of the beneficiaries. In March 2008 some of the beneficiaries of this scheme approached Nagarik Adhikar Kendra (NAK) Kalol, Panchmahals district, complaining that the contractor had collected excess amounts from them but had not done much to build functional toilets.
The 1st RTI Intervention:
NAK decided to file an application under the Right to Information Act to obtain copies of the scheme guidelines and records relating to the construction of toilets in Kalol. NAK drafted an RTI request seeking the following information from the Kalol Nagarpalika (municipal body):
1. Name of the nodal agency/department responsible for ensuring the implementation of Nirmal Gujarat scheme;
2. Name of the department/office responsible for actually implementing the scheme in Kalol;
3. Procedure for selection of the contractor/contracting agency responsible for constructing the toilets;
4. Names of the beneficiaries of this scheme and the places where the toilets were constructed;
5. Name and designation of the officer of Kalol Nagarpalika responsible for supervising the construction of toilets;
6. Copy of the no objection certificate (NOC) issued by the Kalol Nagarpalika which enabled the contracting agency to collect payments; and
7. A copy of the completion report submitted by the Kalol Nagarpalika to the Municipal Finance Board which provides funding for this scheme.
When Mr. Hanifbhai Waghela of NAK visited the Nagarpalika office to submit the application he faced resistance. The public information officer (PIO) demanded to know whether he had sworn to create nuisance for the Nagarpalika (NAK has been actively using RTI to hold public authorities accountable for their actions in Panchmahals since 2005). Hanifbhai said that his intentions were honest and he wanted to know about the manner in which the Nirmal Gujarat scheme was required to be implemented. He told him that as a public servant the PIO was required to receive the information request and make a decision regards disclosure. The PIO then threatened to call the police. Hanifbhai replied that police officers were public servants too and he would not feel threatened by their presence. In the end the PIO had little choice but to accept the application. Not doing so would have attracted a monetary penalty under the RTI Act.
Despite the passage of 30 days NAK did not get the information from the Nagarpalika. An appeal was filed before the Additional District Collector, the designated appellate authority (AA) under the RTI Act. The AA heard the matter and ordered that the information be disclosed within 10 days. Despite this order NAK did not receive any information. NAK filed the second appeal with the State Information Commission (SIC) in June. The matter has not been taken up by the SIC despite the passage of 14 months.
The 2nd RTI Intervention:
After submitting the second appeal to the SIC, NAK sent an RTI application to the Municipal Finance Board based in Gandhinagar seeking the same information about the toilet scheme. This Board is responsible for the disbursal of funds to local agencies working in urban areas. After 29 days NAK received a reply from the PIO of the Board who claimed that the requisite application fee of Rs. 20 (less than 50 US cents) had not been paid. This claim was wrong as NAK had filed an application on non-judicial stamp paper worth Rs. 20 - an approved mode of fee payment in Gujarat . NAK filed the first appeal before the AA of the Board and submitted proof of fee payment. The AA ordered disclosure of all information. NAK received all the records and documents 15 days later.
The verification process:
The records NAK received in August 2008 revealed that the government of Gujarat had appointed Manav Seva Khadi Gramodyog Vikas Sangh (MSKGVS), based in Khedbrahma, as the nodal agency for implementing the Nirmal Gujarat Programme. MSKGVS had subcontracted the task to an NGO named Kastruba Mahila Sayak Grih Udoyg Sahakari Sangh Ltd. based in Balasinore in Nadiad district. Armed with the names of beneficiaries contained in the NOC list, NAK started verifying the true state of affairs and captured some images on film. After an intensive door-to-door survey and NAK came up with astonishing findings:
1. Records showed that 150 toilets were required to be constructed in Kalol during the year 2008-09. The Chief Officer, Kalol Nagarpalika had issued a no objection certificate certifying completion of the work for 111 toilets. Payments had been made to the contracting agency.
2. NAK could not find a single instance where the construction work had been completed. In seven places the work had not even begun. In many places three walls had been constructed without a roof but not pit. Scheme guidelines require that a pit of 10ft x 5ft must be dug before the walls are built. The contracting agency claimed that this was a cost effective way of constructing toilets. However the construction work began in some places soon after NAK started the verification process.
3. 16 beneficiaries did not belong to the BPL category at all.
4. None of the toilets had been connected to a sewer.
5. Some of the beneficiaries claimed that their functional toilets had been demolished by the contracting agency in order to construct a fresh one but the work had not been completed. Some families used the half-built cubicle to store firewood.
6. According to the scheme guidelines each toilet was to be constructed at the cost of Rs. 4900. The beneficiary family was required to raise Rs. 900 while the remaining sum was paid by the government. The verification process showed that 74% beneficiaries had paid Rs.1200 and another 5% had paid Rs. 1000. Only 3% of the beneficiaries had paid 900 - the correct amount. 1% of the beneficiaries had paid Rs. 800 and another 13% had paid Rs. 600 only. Where beneficiaries had paid less than the required sum, the construction work had not even begun.
7. The scheme guidelines require that adequate publicity be given to the basics of the scheme so that potential beneficiaries may opt to participate in it. None of the beneficiaries contacted during the verification process said that the contracting agency had shared any information with them about the scheme.
The Advocacy Initiative:
In September 2008 NAK submitted its findings and photographs, illustrative of the poor state of work, to the authorities with a request to investigate the matter and take action against all guilty officials and agencies. Copies of the report were sent to the the Kalol Nagarpalika, Director, Nirmal Gujarat Programme, Shahri Vikas Nigam, the District Collector, the District Planning Committee, the Municipal Finance Board, the Chief Secretary, the Minister for Urban Housing and Development, the Leader of the Opposition, the Chief Minister, and the Governor. None of these authorities even bothered to acknowledge receipt of the report.
Later in October NAK submitted the report as a public grievance to the District Collector and District Magistrate under the Chief Minister Swagat Karyakram. This programme has been initiated for the purpose of handling people’s grievances about the functioning of the administration. The District Collector directed his Deputy to investigate the findings. The Deputy District Collector contacted NAK to assist him. NAK took him around Kalol showing the places where functional toilets were said to have been constructed on paper. The Deputy submitted his report at the monthly meeting of Swagat chaired by the District Collector. The Chief Officer of the Nagarpalika was also present. The Deputy stated openly that NAK’s report was a true statement of facts and he had nothing more to add. The District Collector sought an explanation from the Chief Officer warning him that he risked losing his job and going to jail for issuing NOCs without properly verifying the completion of the work. He had participated in and abetted a fraud. The District Collector ordered him to get all the toilets properly constructed within a month and submit a completion report to him directly.
The Results:
The contracting agency went back to Kalol and rebuilt all the toilets as per scheme norms. Sewer connections have been provided to all the toilets. The excess money collected from the beneficiaries has been returned to them. The government decided to transfer the Chief Officer out of Kalol.
However the Chief Officer continues to serve in the Kalol Nagarpalika as he pulled political strings to get the transfer order cancelled. The government has not moved an inch to fix accountability of any officer nor has the contracting agency been blacklisted.
The Chief Officer recently asked NAK whether it would be able to take up the contract for constructing toilets during the current financial year. Apparently, the previous agency has refused to take up the job this year as working according to the norms of the scheme is not profitable enough. NAK firmly believes in its role as a citizen watchdog over public authorities and has turned down the offer. This indeed is the expectation of the 11th five year plan document which encourages civil society organisations to take on a monitoring role and ensure proper implementation of plan schemes.
- Narrated by Hanif Waghela, Zakir Sheikh and Aslambhai Dewan for CHRI and NAK.
NAK may be contacted at :- Tel: +91-9979644265; email: nakkalol05@gmail.com
[CHRI has trained NAK to use RTI strategically to hold public authorities accountable for their decisions and actions. CHRI and NAK are collaborating to spread awareness about RTI in Gujarat and monitor compliance of public authorities with their transparency obligations under the RTI Act.]
The Problem:
The Government of Gujarat spends several crores every year to improve toilet and sanitation facilities for the poorest families in the State. Under the Nirmal Gujarat Campaign launched in 2007 families below the poverty line (BPL) receive partial financial assistance from the government for constructing modern toilets. They are required to contribute a small amount from their own pocket as well. However the scheme is riddled with corruption and does not always work to the satisfaction of the beneficiaries. In March 2008 some of the beneficiaries of this scheme approached Nagarik Adhikar Kendra (NAK) Kalol, Panchmahals district, complaining that the contractor had collected excess amounts from them but had not done much to build functional toilets.
The 1st RTI Intervention:
NAK decided to file an application under the Right to Information Act to obtain copies of the scheme guidelines and records relating to the construction of toilets in Kalol. NAK drafted an RTI request seeking the following information from the Kalol Nagarpalika (municipal body):
1. Name of the nodal agency/department responsible for ensuring the implementation of Nirmal Gujarat scheme;
2. Name of the department/office responsible for actually implementing the scheme in Kalol;
3. Procedure for selection of the contractor/contracting agency responsible for constructing the toilets;
4. Names of the beneficiaries of this scheme and the places where the toilets were constructed;
5. Name and designation of the officer of Kalol Nagarpalika responsible for supervising the construction of toilets;
6. Copy of the no objection certificate (NOC) issued by the Kalol Nagarpalika which enabled the contracting agency to collect payments; and
7. A copy of the completion report submitted by the Kalol Nagarpalika to the Municipal Finance Board which provides funding for this scheme.
When Mr. Hanifbhai Waghela of NAK visited the Nagarpalika office to submit the application he faced resistance. The public information officer (PIO) demanded to know whether he had sworn to create nuisance for the Nagarpalika (NAK has been actively using RTI to hold public authorities accountable for their actions in Panchmahals since 2005). Hanifbhai said that his intentions were honest and he wanted to know about the manner in which the Nirmal Gujarat scheme was required to be implemented. He told him that as a public servant the PIO was required to receive the information request and make a decision regards disclosure. The PIO then threatened to call the police. Hanifbhai replied that police officers were public servants too and he would not feel threatened by their presence. In the end the PIO had little choice but to accept the application. Not doing so would have attracted a monetary penalty under the RTI Act.
Despite the passage of 30 days NAK did not get the information from the Nagarpalika. An appeal was filed before the Additional District Collector, the designated appellate authority (AA) under the RTI Act. The AA heard the matter and ordered that the information be disclosed within 10 days. Despite this order NAK did not receive any information. NAK filed the second appeal with the State Information Commission (SIC) in June. The matter has not been taken up by the SIC despite the passage of 14 months.
The 2nd RTI Intervention:
After submitting the second appeal to the SIC, NAK sent an RTI application to the Municipal Finance Board based in Gandhinagar seeking the same information about the toilet scheme. This Board is responsible for the disbursal of funds to local agencies working in urban areas. After 29 days NAK received a reply from the PIO of the Board who claimed that the requisite application fee of Rs. 20 (less than 50 US cents) had not been paid. This claim was wrong as NAK had filed an application on non-judicial stamp paper worth Rs. 20 - an approved mode of fee payment in Gujarat . NAK filed the first appeal before the AA of the Board and submitted proof of fee payment. The AA ordered disclosure of all information. NAK received all the records and documents 15 days later.
The verification process:
The records NAK received in August 2008 revealed that the government of Gujarat had appointed Manav Seva Khadi Gramodyog Vikas Sangh (MSKGVS), based in Khedbrahma, as the nodal agency for implementing the Nirmal Gujarat Programme. MSKGVS had subcontracted the task to an NGO named Kastruba Mahila Sayak Grih Udoyg Sahakari Sangh Ltd. based in Balasinore in Nadiad district. Armed with the names of beneficiaries contained in the NOC list, NAK started verifying the true state of affairs and captured some images on film. After an intensive door-to-door survey and NAK came up with astonishing findings:
1. Records showed that 150 toilets were required to be constructed in Kalol during the year 2008-09. The Chief Officer, Kalol Nagarpalika had issued a no objection certificate certifying completion of the work for 111 toilets. Payments had been made to the contracting agency.
2. NAK could not find a single instance where the construction work had been completed. In seven places the work had not even begun. In many places three walls had been constructed without a roof but not pit. Scheme guidelines require that a pit of 10ft x 5ft must be dug before the walls are built. The contracting agency claimed that this was a cost effective way of constructing toilets. However the construction work began in some places soon after NAK started the verification process.
3. 16 beneficiaries did not belong to the BPL category at all.
4. None of the toilets had been connected to a sewer.
5. Some of the beneficiaries claimed that their functional toilets had been demolished by the contracting agency in order to construct a fresh one but the work had not been completed. Some families used the half-built cubicle to store firewood.
6. According to the scheme guidelines each toilet was to be constructed at the cost of Rs. 4900. The beneficiary family was required to raise Rs. 900 while the remaining sum was paid by the government. The verification process showed that 74% beneficiaries had paid Rs.1200 and another 5% had paid Rs. 1000. Only 3% of the beneficiaries had paid 900 - the correct amount. 1% of the beneficiaries had paid Rs. 800 and another 13% had paid Rs. 600 only. Where beneficiaries had paid less than the required sum, the construction work had not even begun.
7. The scheme guidelines require that adequate publicity be given to the basics of the scheme so that potential beneficiaries may opt to participate in it. None of the beneficiaries contacted during the verification process said that the contracting agency had shared any information with them about the scheme.
The Advocacy Initiative:
In September 2008 NAK submitted its findings and photographs, illustrative of the poor state of work, to the authorities with a request to investigate the matter and take action against all guilty officials and agencies. Copies of the report were sent to the the Kalol Nagarpalika, Director, Nirmal Gujarat Programme, Shahri Vikas Nigam, the District Collector, the District Planning Committee, the Municipal Finance Board, the Chief Secretary, the Minister for Urban Housing and Development, the Leader of the Opposition, the Chief Minister, and the Governor. None of these authorities even bothered to acknowledge receipt of the report.
Later in October NAK submitted the report as a public grievance to the District Collector and District Magistrate under the Chief Minister Swagat Karyakram. This programme has been initiated for the purpose of handling people’s grievances about the functioning of the administration. The District Collector directed his Deputy to investigate the findings. The Deputy District Collector contacted NAK to assist him. NAK took him around Kalol showing the places where functional toilets were said to have been constructed on paper. The Deputy submitted his report at the monthly meeting of Swagat chaired by the District Collector. The Chief Officer of the Nagarpalika was also present. The Deputy stated openly that NAK’s report was a true statement of facts and he had nothing more to add. The District Collector sought an explanation from the Chief Officer warning him that he risked losing his job and going to jail for issuing NOCs without properly verifying the completion of the work. He had participated in and abetted a fraud. The District Collector ordered him to get all the toilets properly constructed within a month and submit a completion report to him directly.
The Results:
The contracting agency went back to Kalol and rebuilt all the toilets as per scheme norms. Sewer connections have been provided to all the toilets. The excess money collected from the beneficiaries has been returned to them. The government decided to transfer the Chief Officer out of Kalol.
However the Chief Officer continues to serve in the Kalol Nagarpalika as he pulled political strings to get the transfer order cancelled. The government has not moved an inch to fix accountability of any officer nor has the contracting agency been blacklisted.
The Chief Officer recently asked NAK whether it would be able to take up the contract for constructing toilets during the current financial year. Apparently, the previous agency has refused to take up the job this year as working according to the norms of the scheme is not profitable enough. NAK firmly believes in its role as a citizen watchdog over public authorities and has turned down the offer. This indeed is the expectation of the 11th five year plan document which encourages civil society organisations to take on a monitoring role and ensure proper implementation of plan schemes.
- Narrated by Hanif Waghela, Zakir Sheikh and Aslambhai Dewan for CHRI and NAK.
NAK may be contacted at :- Tel: +91-9979644265; email: nakkalol05@gmail.com
[CHRI has trained NAK to use RTI strategically to hold public authorities accountable for their decisions and actions. CHRI and NAK are collaborating to spread awareness about RTI in Gujarat and monitor compliance of public authorities with their transparency obligations under the RTI Act.]
