Hoho says remarks were aimed at preventing misuse of RTI provisions, not curbing legal rights
Morung Express News
Zunheboto | May 22
A resolution adopted by the Sümi Kükami Hoho (SKH) regarding the filing of applications under the Right to Information (RTI) Act, 2005 has triggered widespread public debate and criticism in Nagaland’s Zunheboto district.
During a meeting held on May 16 in Zunheboto, the SKH resolved that individuals intending to file RTI applications should first inform or obtain consent from village and area chieftainship authorities.
According to the Hoho, the resolution was prompted by concerns over the alleged misuse of RTI provisions for personal motives and private interests.
The move, however, drew criticism from several quarters, with many arguing that no customary or community body has the authority to impose conditions on citizens exercising rights guaranteed under the RTI Act.
One citizen said that while RTI provisions may sometimes be misused, requiring prior approval from village chiefs before filing applications was “absurd”, maintaining that the RTI Act is a statutory law independent of customary regulations under Article 371A of the Constitution.
The individual further said such resolutions risked bringing unnecessary controversy upon the community.
Others also questioned the legality of restricting RTI-related procedures, contending that any attempt to limit access to information could undermine democratic principles and citizens’ rights.
Several citizens defended RTI as an important instrument for transparency and public accountability. Some observed that sincere and responsible officials should not fear scrutiny under the Act, while others stressed that vulnerable sections of society, including widows, widowers and economically disadvantaged individuals, must retain the freedom to seek information on matters involving alleged misuse of public funds, developmental projects, government schemes or village resources.
Critics also referred to Section 6 of the RTI Act, 2005, which permits any citizen to submit RTI applications directly to Public Information Officers either in writing or through electronic means, without requiring approval from village authorities or customary institutions.
Some further noted that while Nagaland enjoys constitutional protections under Article 371A, such provisions do not override parliamentary laws like the RTI Act. They argued that customary bodies may regulate traditional matters but cannot legally curtail statutory rights guaranteed under national legislation.
Responding to the criticism, some individuals associated with the SKH clarified that the intention was “not to ban RTI” but rather to encourage citizens to keep village and area authorities informed so they remain aware of issues arising within their jurisdictions.
Amid the growing debate, the Sümi Kükami Hoho later issued a clarification stating that the earlier remarks were never intended to “undermine, curtail, or override” democratic and legal rights guaranteed under the RTI framework.
According to the clarification, the concern centred on the increasing misuse of RTI mechanisms by certain individuals for “personal interests, pressure tactics, private settlements, intimidation, and activities that misuse legal provisions for personal gain while weakening the genuine purpose of transparency and public accountability”.
The SKH further clarified that references to consultation or guidance from the Hoho were intended to promote “responsibility, community accountability, and collective understanding,” and were not meant to serve as a mandatory condition on citizens exercising lawful rights.
Reaffirming its position, the Hoho stated that democratic rights should always be exercised with “integrity, responsibility, and genuine concern for public welfare rather than for personal or vested interests.”
