RIGHT TO INFORMATION ACT

By Robin Bhartia (#102)

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Sharath.C.George (#111) Shrividya.G (#119)

Swathi Manjunath (#128) Venkateswaran.V (#137)

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History of RTI Act

Supreme Court Ruling that the Right to information is implicit in the Right to freedom of speech article 19. Movement started in early 1990s by MKSS State RTI Act Rajasthan enacted in 2000. Others include the state governments of Tamil Nadu (1997), 4/15/12 Goa (1997), Rajasthan (2000),

Contd.

Demand for national law started under the leadership NCPRI. Shourie Committee draft law imbibed into the Freedom of Information Bill (FOI) 2000- passed in 2002 The RTI was enacted in 2005 in India Restricted by the hitherto Official Secrets Act 1923
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2006 pulling out of certain public

Highlights of RTI Act

RTI Act came into effect in 2005. Extends to the whole of India except J & K. Transparency and accountability in all levels of governance and all public authorities. The right of any citizen regardless of age, gender or location to request access to information and duty of the government to provide the information unless it is information exempted specifically in the 4/15/12 act.

Highlights of RTI Act

Public Information Officer (PIO) in every department/agency to receive requests & provide info. Assistant PIO at sub-district levels to receive applications and forward to PIO. Information to be provided within 30 days; 48 hours where life or liberty is involved;35 days where request is given to Asst. PIO; 40 days where third party is involved and 45 days for human rights violation information from security/ intelligence agencies listed under Schedule II. No action on application for 30 days is considered 4/15/12 as refusal to abide by the RTI act- sec 7(2).

Highlights of RTI Act

Reasonable fees as prescribed but not exceeding the cost of making the copy of information sought and Rs. 10 for administrative cost per request. No fee for BPL applicants. No need to specify reason for seeking information or personal details other than necessary for correspondence. Provision to reduce oral requests into writing. Provision to provide all required assistance, including to disabled persons. Information to be provided in local languages.
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What constitutes Information?

Information can be any material in any form.

It

includes

records,

documents,

memos, emails, opinions, advices, press

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releases,

circulars,

orders,

logbooks, contracts, reports, papers,

Right to information
An applicant has the right to access information held by or under the control of any public authority including the right to:Inspection of work, documents, records. Taking notes, extracts or certified copies of documents or records. Taking certified samples of material. Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.

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Public Authority
Any authority or body or institution of self- government established or constituted (a) by or under the Constitution (b) by any other law made by Parliament (c) by any other law made by State Legislature
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(d) by notification issued or order

Obligations of Public Authorities

1. 2. 3.

Maintain records Publish details Publish relevant facts while formulating policies Provide reasons for administrative decisions Disseminate information in manner easily accessible to the public Consider Cost effectiveness, local

4.

5.

6.

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Obligations of Public Authorities

7.

Designate Public Information Officers Receive requests and render assistance to seekers of information Seek assistance of any other officer

8.

9.

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Scope of complaints

The Central Information Commission is an autonomous body set up to inquire into complaints received from citizens .

You can complain that you have been refused access to information. You can also complain about how the public 4/15/12

Penalties
Penalties imposable by Information Commission on PIO or officer asked to assist PIO

For unreasonable delay Rs 250 per day up to Rs 25,000 For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. up to Rs. 25,000 fine Recommendation for departmental action for persistent or serious violations
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However, no criminal liability.

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Information Exempt From RTI

-Mentioned in subsection (1) of Sections 8 and 9

Information, disclosure of which would prejudicially affectsubtitle style Click to edit Master the sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead to incitement of an offense

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Information Exempt From RTI

Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court

Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature

Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information

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Information Exempt From RTI

Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information

Information received in confidence from foreign Government Click to edit Master subtitle style Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes

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Information Exempt From RTI

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

Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers

Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to Click to edit Master subtitle style the Parliament or a State Legislature shall not be denied by this exemption)

Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or commercial secrets protected by law" under this clause when read along with 8(1)(d)))

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Information Exempt From RTI

Without prejudice to Section 8 , CPIO or SPIO can reject a request where providing access would infringe copyright subsisting in a person other than the State

Not to apply to agencies under Schedule 2 IB, RAW,to edit MasterITBP, CISF, Assam Rifles, NSG, Click CRPF, BSF, subtitle style Special Branch (CID) Andaman & Nicobar, DRI, Special Branch of Lakshwadeep Police, Crime Branch CB-CID- Dadra and Nagar Haveli - However in Case of information being older than 20 years or in cases of corruption or human rights violations , information cannot be rejected

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Role of Central/State Govt.

Develop educational programmes for the public, especially disadvantaged communities on RTI. Encourage Public Authorities to participate in the development and organization of such program. Promote timely dissemination of accurate information to public.
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Role of Central/State Govt.

Train officers and develop training materials Compile and disseminate a User Guide for the public in the respective official language Publish names, destination, postal address and contract details of PIOs and other information such as notices regarding fees to be paid 4/15/12 remedies available in law if request is

Application Procedure

Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO). Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub-district levels to receive applications/appeals/ 4/15/12 complaints. Forward to appropriate

Application Procedure

Information to be provided within 30 days; 48 hours where life or liberty is involved; 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies under Schedule II.
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Application Procedure

No action on application for 30 days is a deemed refusal-sec 7(2) No fee for delayed response-sec 7(6)

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Appeals

Refusal or deemed refusal of application is appealable before Central Information Commission. First Appeal: First appeal to the officer senior in rank to the PIO within 30 days from the expiry of the time limit or from the date of receipt of the decision.

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Appeals

Second Appeal: To Central Information Commission or State Information Commission within 90 days of the receipt of the order of First Appeal.

3rd Appeal: Against PIOs decision within 30 days before first Appeal Authority and within 90 days of the 4/15/12 decision on the first appeal before

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An RTI success story

RTI

was

exercised

by

the

villagers of the Naraini block of Banda in UPs Bundelkhand region.

Over 14,000 villagers in the cluster of eight villages, 60

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km from Banda, were cut off

An RTI success story

On July 1st 2006, the villagers filed applications under the RTI Act to the district collectorate, commissioner,
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Banda

and to the office of the Chitrakoot division.

An RTI failure

Penalty no deterrent for RTI Act violators in Haryana [Indian Express, June 08, 2011] The offenders of the Right to Information (RTI) in Haryana not only delay provision of information, but are also tardy in paying the fine imposed on them. The Haryana State Information Commission imposed a penalty of about Rs 6 lakh in the last financial year, but till date only Rs 96,000 have been deposited, which means the compliance is just 15.86 per cent. Besides the monetary aspect, the number of cases 4/15/12 in which orders have been complied with is also

Positives of the RTI

Reduces corruption . Right to Information Act not only ensures democratic elements in administration but it is also expected to improve efficiency and increase promptness and speedy action in
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Shortcomings of the RTI in its existing form

Need to educate the public. PIOs do not have adequate training to deal with the RTI applications

First Appellate Authorities are almost defunct as decisions are usually not taken by them 4/15/12

Level of awareness: Knowledge levels of RTI Act across five states (% of people who responded YES to the questions)

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Level of awareness: Among women, rural population and the OBC/ST/SC category citizens

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THANK YOU

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