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Right To Information
Contains an outline of Right to information law with special reference to India
Date : 04/05/2017
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Uploaded by : Avantika
Uploaded on : 04/05/2017
Subject : Law
Right to Information Origins of openness More than two centuries ago, Sweden
passed the first freedom of information law in the world. It abolished
political censorship and provided public with an access to government
documents.Chinese emperors were expected to admit
their own imperfection as a proof for their love of the truth and in fear of
ignorance and darkness. Around the globe, people in a number of
Nations celebrate International Right-to Know Day on September 28 of
every year. The Day recognizes and promotes the worldwide proliferation of
government openness. This event is commemorated every year in order to
symbolize the global movement for promotion of the right to information. 180 years later, United Nations General
Assembly, in its first session in 1946, adopted Resolution 59 (I). It states,
Freedom of information is a fundamental human right and the touchstone of all
the freedoms to which the UN is consecrated .Article 19 of the Universal Declaration of
Human Rights of 1948 and Article 19 (2) of the International Covenant on Civil
and Political Rights of 1966 recognised Freedom of expression including
Freedom of Information and Free Press - a fundamental human right. Freedom of
Expression includes the right to seek, receive and impart information and right
to access information held by public authorities. Article 10 of the U.N. Convention against
Corruption of 2005 states: to combat corruption, each (Member State) shall,
in accordance with the fundamental principles of its domestic law, take such
measures as may be necessary to enhance transparency in its public
administration. Ever since the U.N. General Assembly
recognized freedom of information as a fundamental human right, many nations
started adopting laws assuring right to access information.India won freedom after centuries of struggle
as a result of sacrifices made by many heroes. We wrote our Constitution,
which, amongst other things, gave us freedom of speech and expression as a
fundamental right. Our Supreme Court, many times, declared that
we had freedom of information, which was part of freedom of expression
guaranteed by Article19 of the Constitution. Without freedom of information,
freedom of expression remains meaningless.However, governments have by and large been
opaque in terms of making information available in public domain. In this scenario, a mass-based organisation
called the Mazdoor Kisan Shakti Sangathan(MKSS) took an initiative. It lead the people
in a very backward region of Rajasthan Bhim Tehsil to assert their right to
information. They asked for copies of bills and vouchers and names of persons
who have been shown in the muster rolls.MKSS succeeded in getting photocopies of
certain relevant documents. MKSS has organized several public hearings (jan
sunwai). People s anger made one Engineer of the State Electricity Board to
return, in public, an amount of Rs.15,000 extracted from a poor farmer.
Rajasthan experience on demanding right to information was echoed in other
States.Now let us understand why these people needed
the Right to Information. A semi-literate lady in that village She said,
"When I send my son to the market with ten rupees, I ask for accounts. The
Government spends millions of rupees for the poor. Is liye - Mera paisa,
mera hisab My money, My accounts!The Government of India introduced the
Freedom of Information Bill, 2000 in the Lok Sabha on 25th July, 2000. The Bill
cast an obligation upon public authorities to furnish such information wherever
asked for. It was passed by the Parliament as the Freedom of Information Act
2002. However, the Act could not be brought into force because the date from
which the Act should come into force, was not notified in the Official Gazette.Later, the UPA Government decided to repeal
the FOI Act and enacted a new legislation, the Right to Information Act 2005.
This act provided an effective framework for effectuating the right to
information recognised under Article 19 (1)(a) of the Constitution of India.
The Parliament enacted the Right to Information Act to facilitate the people s
right to information, in the 56th year of the Republic.The most important historical event of pre
independent India is Satyagraha and surely the most revolutionary happening of
Post Independent era is the Right to Information Act, 2005.The way Satyagraha speaks about the strength
of truth and unites the entire india for our freedom, in that way this RTI Act,
2005 also espouses the cause of truth, transparency and of good governance on
one hand, and on the other hand makes way for people s participation in the
democracy, empowers them for an informed participation which is important for
true social development There are 9 principles behind this
legislation:PRINCIPLE 1. MAXIMUM DISCLOSUREFreedom of information legislation should be
guided by the principle of maximum disclosurePRINCIPLE 2. OBLIGATION TO PUBLISHPublic bodies should be under an obligation
to publish key InformationPRINCIPLE 3. PROMOTION OF OPEN GOVERNMENTPublic bodies must actively promote open
governmentPRINCIPLE 4. LIMITED SCOPE OF EXCEPTIONSExceptions should be clearly and narrowly
drawn and subject to strict harm and publicinterest testsPRINCIPLE 5. PROCESSES TO FACILITATE ACCESSRequests for information should be processed
rapidly and fairly and an independent review of any refusals should be
availablePRINCIPLE 6. COSTSIndividuals should not be deterred from
making requests for information by excessive costsPRINCIPLE 7. OPEN MEETINGSMeetings of public bodies should be open to
the publicPRINCIPLE 8. DISCLOSURE TAKES PRECEDENCELaws which are inconsistent with the
principle of maximum disclosure should be amended or repealedPRINCIPLE 9. PROTECTION FOR WHISTLEBLOWERSIndividuals who release information on
wrongdoing, that is the whistleblowers must be protected. Bringing Information to the CitizensRight to Information Act 2005 mandates timely
response to citizen requests for government information. It is an initiative
taken by Department of Personnel and Training, Ministry of Personnel, Public
Grievances and Pensions to provide a RTI Portal Gateway to the citizens for
quick search of information on the details of first Appellate Authorities, PIOs
etc. amongst others, besides access to RTI related information / disclosures
published on the web by various Public Authorities under the government of India
as well as the State GovernmentsObjective of the Right to Information
Act :The basic object of the Right to Information
Act is to empower the citizens, promote transparency and accountability in the
working of the Government, curb corruption, and make our democracy work for the
people in real sense .It goes without saying that an informed
citizen is better equipped to keep necessary vigil on the instruments of
governance and make the government more accountable to its people The Act is a
big step towards making the citizens informed about the activities of the
Government (rti.gov.in) RTI ACT FEATURES/ PROCESSWhat
is Information? Information is any material in any form. It
includes records, documents, memos. e-mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form. It also includes information relating to
any private body which can be accessed by the public authority under any law
for the time being in force.. A citizen has a right to obtain information
from a public authority in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through print-outs provided such
information is already stored in a computer or in any other device from which
the information may be e-mailed or transferred to diskettes etc.Information
to be provided: Exactly as asked for/ no change of
form can be made/ no research or no deducing any conclusion from any material
asked for. With respect to other laws inasmuch as the
provisions of the RTI Act would have effect notwithstanding anything
inconsistent therewith contained in the Official Secrets Act, 1923, and any
other law for the time being in force or in any instrument having effect by
virtue of any law other than th~ RTI Act.The
Act gives the right to information only to the citizens of India but not to any
legal entities other than citizens. It
does not make provision for giving information to Corporations, Associations,
Companies etc. which are legal entities/persons. but not citizens. Fee
for Seeking Information Along with the application, a demand draft/
or a banker`s cheque/ or an Indian Postal Order of Rs.10/- (Rupees ten),/ court
fee stamp payable to the Accounts Officer.The payment of fee can also be made by way of
cash to the Accounts Officer of the public authority or to the Assistant Public
Information Officer against proper receipt. Further
fee towards the cost of providing the
information, details of which shall be intimated to the applicant by the PIO as
prescribed by the Right to Information (Regulation of Fee and Cost) Rules,
2005. Rates of fee as prescribed in the Rules are
given below: (a) rupees two (Rs. 2/-)
for each page ( in A-4 or A-3 size paper) created or copied (b) actual
charge or cost price of a copy in larger
size paper (c) actual cost or
price for samples or models (d) for
information provided in diskette or floppy, rupees fifty (Rs.50/-) per diskette or floppy and 4 (e) for information provided
in printed form, at the price fixed for such publication or rupees two per page
of photocopy for extracts from the publication. Inspection
of records: No fees for the first hour but rupees five (Rs.5/-) for each subsequent
hour Applicant
belongs to below poverty line (BPL)
category, he is not required to pay
but should submit a proof in support of
his claim to belong to the below poverty line. Any application
not accompanied by the prescribed fee of
RS.10/- or proof at the applicant`s belonging to below poverty line, shall not be a valid application under
the Act. It may be pointed out that there is no bar on the public authority
to supply information in response to such applications. However, provisions of
Act would not apply to such casesFormat
of Application There
is no prescribed format of application for seeking
information. The application can be made
on plain paper. The application should, however, have the name and complete postal address of the
applicant Even in cases where the
information is sought electronically,
the application should contain name and postal address of the applicant.Information
exempted From Disclosure Sub-section (1) of section 8 and section 9 of
the Act enumerate the types of information which is exempt from disclosure.
Sub-section. (2) of section 8, however, provides that information exempted
under sub-section (1) or exempted under the Official Secrets Act, 1923 can be
disclosed if public interest in disclosure overweighs the harm to the protected
interest. 25. The information which, in nonnalcourse, is exempt from disclosure
under sub-section(1) of Section 8 of the Act. would cease to be exempted jf 20
years have lapsed after occurrence of the incident to which the information
relates. However, the following types of Information would continue to be
exempt and there would be no obligation, even after lapse of 20 years, to give
any citjzen~ (i) Information disclosure of which 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 (ii) information the disclosure of which would cause
a breach of privilege of Par1iament or State Legislature or (iii) cabinet
papers including records of deliberations of the Council of Ministers,
Secretaries and other Officers subject to the conditions given in proviso to
clause (i) of sub sectlon(1) of Section 6 of the ActAssistance
Available to the Applicant lf a person is unable to make a request in
writing, he may seek the help of the Public Information Officer to write his
application and the Public Information Officer should render him reasonable
assistance. Assistance to disabled Applicants:
Where a decision is taken to give access to a sensorily disabled person to any
document. the Public Information Officer, shall provide such assistance to the
person as may be appropriate for inspection. Time
Period for Supply of Information. In normal course,
information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If
information sought concerns the life or liberty of a person,
it shall be supplied within 48 hours.
In case the application is sent through the Assistant Public Information
Officer or it is sent to a wrong public
authority, five days shall be added to the period of thirty days or 48 hours,
as the case may be. ` AppealsIf an applicant is not supplied information within the prescribed time of thirty days
or 48 hours, as the case may be, or is
not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an
officer senior in rank to the Public Information Officer. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days
of supply of information is expired or from the date on which the information
or decision of the Public Information Officer is received.The appellate authority of the public authority
shall dispose of the appeal within a
period of thirty days or in exceptional cases within 45 days of the receipt of
the appeal.If
the first appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order
of the first appellate authority, he may prefer
a second appeal with the Central Information Commission within ninety days from
the date on which the decision should have been made by the first appellate
authority or was actually received by the appellant. Complaints If any person is unable to submit a request
to a Public Information Officer either by reason that such an officer has not
been appointed by the concerned public authority or the Assistant Public
Information Officer has refused to accept his or her application or appeal for
forwarding the same to the Public Information Officer or the appellate
authority. as the case may be or he has been refused access to any information
requested by him under the RTI Act or he has not been given a response to a
request for information within the time limit specified in the Act or he has
been required to pay an amount of fee which he considers unreasonable or he
believes that he has been given incomplete, misleading or false information, he
can make a complaint to the Information Commission. SUPREME COURT DEVELOPMENTSThere is now a threat from a different
direction. Parliament passes the law, and courts have the job of
interpreting them. RTI applicants have difficulty in getting a proper
interpretation of the law from government officers and information
Commissioners. All
information commissioners are selected without by any process and most have no
predilection for transparency. When these decisions go against the applicant
very few have the resources to challenge them in courts. On the other
hand when an important decision goes against the public authority the
department goes to court. In most of these cases the ability of applicants to
pursue these cases is not high and hence most incorrect denials get confirmed
by courts. Out of sixteen judgments given
by the Supreme Court on the RTI law in only in one was information ordered to
be provided. This judgment also had the following statement:...Indiscriminate
and impractical demands or directions under RTI Act for disclosure of all and
sundry information (unrelated to transparency and accountability in the
functioning of public authorities and eradication of corruption) would be
counter-productive as it will adversely affect the efficiency of the
administration and result in the executive getting bogged down with the
non-productive work of collecting and furnishing information. The Act should
not be allowed to be misused or abused, to to become a tool to obstruct the
national development and integration, or to destroy the peace, tranquility and
harmony among its citizens. Nor should it be converted into a tool of
oppression or intimidation of honest officials striving to do their duty.
The nation does not want a scenario where 75% of the staff of
public authorities spends 75% of their time in collecting and furnishing
information to applicants instead of discharging their regular duties.This was
without any basis and had no context with the case. RTI users were aghast at
their fundamental right being described as a potential tool to obstruct
national development, integration, peace, tranquility and harmony .... In Girish
Deshpande s Case the Supreme Court has given a judgment denying a RTI request
for copies of all memos, show cause notices, orders of censure/punishment,
assets, income tax returns, details of gifts received etc. of a public servant.
The court has ruled without giving any legal arguments that this is personal
information as defined in clause (j) of Section 8(1) of the RTI Act and hence
exempted. The only reason ascribed in this is that the court agrees with the
Central Information Commission s decision. Such a decision does not form a precedent
which must be followed.The Supreme Court
has the right to interpret the law, but it must do this with reasons and not by
overlooking the detailed provisions of the law. Conclusion:Practically, the
awareness level is still very low in general and even within the government
officials and these are due to the strong apathy of a particular section of
our respective state governments.But truly, a great change
has come in India in the last decade in the power equation between the
sovereign citizens of the country and those in power. This change is just the
beginning and if we can sustain and strengthen it, our defective elective
democracy could metamorphose into a truly participatory democracy within the
next one or two decades. But there are two big dangers to the RTI:A former Chief Justice of
India said in April 2012, The RTI Act is a good law but there has to be a
limit to it. I am amazed at the suggestion that there should be a limit to
RTI beyond what has been laid down in the law by Parliament in terms of
exemptions. Any interpretation of transparency, beyond what is written in the
law will be a violation of Citizen s fundamental right to information. We have
travelled some distance away from the statement made by a seven judge bench of
the Supreme Court of India in S. P. Gupta v. President of India & Ors. (AIR
1982 SC 149) There can be little doubt that exposure to public gaze and
scrutiny is one of the surest means of achieving a clean and healthy administration.
It has been truly said that an open government is clean government and a
powerful safeguard against political and administrative aberration and
inefficiency . 2. A greater danger comes
from the selection of Information Commissioners as a part of political
patronage. Most have no predilection for transparency or work. Their orders are
often biased against transparency and in many places a huge backlog is being
built up as a consequence of their inability to cope. Consequently, a law which
seeks to ensure giving information to citizens in 30 days on pain of penalty
gets stuck for over a year at the Commissions. Most of these Commissioners do
not work to deliver results in a time-bound manner and lose all moral authority
to penalise PIOs, who do not work in a time-bound manner. Commissioners are
slowly working less and less.In this kind of a situation,
eternal Vigilance is the price for democracy. We have a very useful tool to
make our democracy meaningful and effective. It will work and grow if we
struggle to ensure its health. We need to put pressure on various institutions
so that they restrain from constricting our right, ensure a transparent process
of selection for Commissioners and work for the adequate disposal of cases at
the Commissions. But to make this happen, all we need is Citizens who must wake
up from their slumber and be focused to give clear signals that they will not
tolerate tardiness from public Authorities, Public Information Officers or
Commissioners of Information.
This resource was uploaded by: Avantika