Abstract:

Information is an integral component of the daily routines of human beings and is inseparably connected with human flourishing throughout human civilization. The accuracy and credibility of such information must be guaranteed and therefore State intervention and recognition must be there as the entity that has been elected from the mandate of the people via representative democracy. Therefore, the right to information is recognized by governments to demonstrate the transparency of their decision-making process while recognizing the importance of good governance and civic engagement in public affairs. Right to Information Act No. 12 of 2016 is a remarkable initiative of the Sri Lankan legal system which came through the 19th Amendment to the Constitution of Sri Lanka in 2015. Though the Sri Lankan Right to Information regime is ranked the world’s fourth best mechanism, it suffers from several lacunas when it comes to practical implementation. Among these lacunas, the absence of disclosing information proactively is crucial. Therefore, this paper aims to examine the present status and proposes suitable recommendations for Proactive Disclosure in Sri Lankan Right to Information regime, which would help the citizens and State yield the benefits of effective realization of the Right to Information regime proactively. This article explains and analyzes the theoretical perspective and enforcement of statutory provisions of proactive disclosure based on literature relating to the Right to Information regime in Sri Lanka and at the international level in a comparative perspective with India. It is identified in this article, that responsible authorities should address the issues relating to proactive disclosure in the Sri Lankan Right to Information regime for the effective implementation and full realization of the Right to Information regime. Therefore, this article provides recommendations based on the research findings such as amendments to the Right to Information Act and initiating policy frameworks. In this connection, a comparative analysis is made with the Right to Information regime in India.