Right to Information Act

Introduction

Right to information is a part of fundamental rights under Article 19 (1) of the constitution. Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said that people can not speak or express themselves unless they know. India is a democracy and people are the masters. Therefore the masters have the rights to know how the Govts., meant to serve them, are functioning.

In Indian democratic system, the right of every citizen to know information is no doubt a revolutionary step. Since long the officials in the name of administrative secrecy hesitated to disclose information and there by kept in darkness to general public about important decision of Govt. & other administrative bodies. This has widened the path of corruption in manifold. The main aim of this act is to eradicate the existing practice of concealing facts & events and to empower every citizen to exercise their legal right in obtaining information under RTI Act’ 2005.

The ideal objectives of the RTI Act are to promote transparency and accountability in the working of public authority and to set up a practical regime for giving citizens access to information under the control of public authorities. A public authority may be described as a person or administrative body which works for the benefit of the public.

RTI Act’ 2005 was implemented in our country on 15^th June ’ 2005 and became operational on 12.10.2005. The act extends to the whole of India except the State of Jammu and Kashmir.

What Rights are available under RTI Act’ 2005.

Right to Information Act’ 2005 empowers every citizen to

F Ask any questions from the Government or seek any information.

F Take copies of any Govt. documents.

F Inspect any Govt. documents.

F Inspect any Govt. works.

F Take samples of materials of any Govt. work.

Coverage of the Act

The RTI Act covers all level of Govt. – Center, State, District and Local self Governing Bodies like Panchyat and Municipal bodies. It also covers NGOs –that are financed substantially with public funds provided by Govt.. Every citizen of India are empowered to seek information from public authority. Information must be shared for the interest of public as the purpose of this Act is to evolve an interface between public authority and citizen. Since the Act imposes liability on public authority, it should not be misinterpreted rather it makes the administration more responsive and removes sloth . Maximum possible information must be disclosed voluntarily. For this openness and change of attitude is required. The authority has to change the mind set and share the information suomoto for the interest of public through various means of communication like display of information in notice board, News paper, public announcements, media broadcasts, the internets or any other means including inspection of offices of any public authority so that public have minimum resort to the use of this act to obtain information. There must be no secrecy unless it is warranted from security point of view.

Who can apply and How

According to section 3 all citizens have the right to ask information. Here a citizen is a natural person. Under section 6 a person who desires to obtain information can apply for such information. In this case a person shall make a request in writing or through electronic means in English, Hindi or in the official language of the area in which the application is being made in Form- A to the Public Information Officer (PIO) / Assistant Public Information Officer (APIO) with the required fee i.e. Rs. 10/- (Ten) in shape of treasury challan / cash as specified in the schedule under appropriate head of account.

Provided that where such request can not be made in writing the PIO shall render all assistance to the person making the request orally to reduce the same in writing.

Provided that application fee shall not be payable in case of a person whose name appears in the latest list of persons below poverty line for which he/ she has to produce Below Poverty Line (BPL) card.

According to section 6 (2) an applicant making request for information shall not be required to give any reason or any other personal details except those that may be necessary for contacting him/her.

The PIO / any other officer authorized by him shall furnish the acknowledgement and after being satisfied with the identity of the applicant shall also intimate in Form – B as soon possible the amount of cost for providing information required to be paid in cash as mentioned in the schedule. Identity means an evidence to show the citizenship like an electoral photo ID card, a pass port or any other documents that satisfies the authority about the citizenship of the applicant.

The applicant may deposit the same amount within a period of 15 days from the date of receipt of such information failing which the application shall stand rejected.

Definition of Information

F Information means material in any form including Records, Documents, Memos, E-mails, Opinions, Advices, Press releases, Circulars, Orders, Log Books, Contracts, Papers, Samples, Models and Data material held in any electronic form.

F Information relating to any private body which can be assessed by a public authority and includes the right to inspection work, Documents, Records, Extracts or certified copies of documents or records and obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print out where such information is stored in a computer or in any other device.

Disposal of request

The PIO on receipt of request under section 6 shall as expeditiously as possible and in any case within 30 days of the receipt of the request either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section – 8 & 9. If APIO receives application it will be 35 days. PIO includes APIO.

Exemption from disclosure of information (Section 8, 9 & 24)

Section-8

a. Information that would prejudicially affect the sovereignty and integrity of India, the security, strategic , scientific or economic interest of the state, relation with foreign state or lead to incitement of an offence.

b. Information forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

c. Information the disclosure of which would cause a breach of privilege of parliament or the state Legislature.

d. Commercial and trade secret, intellectual property etc. that would harm the competitive position of a third party.

e. Information of fiduciary relationship (information shares between husband and wife, Doctor – patient, Client – lawyer, Landlord – tenant).

f. Information received in confidence from Foreign Government.

g. Information disclosure endangers life and physical safety of any person.

h. Information which would impede the process of investigation or apprehension or prosecution of offenders .

i. Cabinet papers including records of deliberation of the council of Ministers, Secretaries and other officers.

j. All exemptions subject to public interest override. If Public interest out ways protected interest then public interest shall be look into and information must be disclosed. The power to decide whether public interest is with the PIO or the appellate authority.

Section – 9

If information given infringes the copy right of any person other than the State.

Section – 24

The Organizations like Intelligence Bureau, Research and Analysis Wing of the Cabinet Secretariat, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards, Assam Rifles, Special Service Bureau, Special Brach (CID), Andaman and Nicobar, The Crime Branch C.I.C.-C.B. , Dadra and Nagar Haveli, Special Branch, Lakshadweep Police are exempted for disclosure of information under RTI Act..

But information relating to allegation of corruption and of human rights violation will be given only with the approval of the Central and State Information Commission – as the case may be. Time limit for the same is 45 days from the date of receipt of request.

Benefits of the Act

v Enhances transparency, credibility and legitimacy of public authority.

v Increases efficiency, vitality, alertness which are the major ingredients for smooth & effective functioning of public authority.

v Effective information flow helps citizen to secure their right and entitlement.

v Encourages public authority to be sensible and to make optimum use of limited fiscal resources.

v Reminds public authorities their power and duty including channels of supervision and accountability.

v Free flow of information can tackle any disaster there by enables sustained development and growth.