RTI is a weapon to stop corruption, bring out transparency,
make Government and Non-Government agencies more efficient and above all end
the bureaucratic exploitation of common citizens of India.
We often have to pay bribes in our interaction with government
departments - be it getting a license, passport, ration card, registering an
FIR etc. Sometimes even if bribe is not asked for, our work is still not done
due to complacency of public officials and bureaucrats which results in our
harassment and loss in cognitive energy. We all pay taxes. This money is taken
from us with an assurance from government that it will be used for our well
being. But nothing happens. Where does this money go? There is no water to
drink in a country which has large number of water resources. The condition of
the roads is so pathetic due to which many times people loose their lives. The
government hospitals have no medicines in their stock, patients are living in
insalubrious conditions and doctors are not present at the time of their duty.
During rainy season the drainage system doesn't work properly. Likewise every
department is deep involved in corruption and entire system has become rotten.
They perform their duty only when some VIP is on a visit and complete the work
in haste which is temporary.
So far people were helpless and could only curse the
inefficiency and ineffectiveness of the system and be a mute spectator. But
now, we have a right to question the government, inspect their work, inspect
their files, take copies of government documents and make them answerable for
every question shot at them. The Parliament of India has passed a law which
makes the common man of the country the ruler in the real sense. This law is
known as Right To Information.
Right To Information Act came into force on 12th October,
2005. This Act empowers the citizens of our country to actively participate in
the governance of the society and give a befitting reply to corruption. RTI Act
enables the common man to closely monitor the functioning of all the
departments under the purview of either the Central or State government or any
other body which is created as per Constitution of India or by an Act of
Parliament or Act of State legislature. Even the private organizations who are
not directly under the purview of the RTI Act have some obligations.
The organizations either private or NGO's which benefit
partly or substantially from the government are also under the purview of this
Act. There are some organizations who are not covered in this Act, but the
exclusion is not absolute and these organizations have an obligation to provide
information pertaining to allegations of corruption and human rights violation.
THE
RIGHT TO INFORMATION ACT, 2005
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
Whereas the Constitution of India has established democratic
Republic;
And whereas democracy requires an informed citizenry and
transparency of information which are vital to its functioning and also to
contain corruption and to hold Governments and their instrumentalities
accountable to the governed;
accountable to the governed;
And whereas revelation of information in actual practice is
likely to conflict with other public interests
including efficient operations of the Governments, optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive information;
including efficient operations of the Governments, optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting
interests while preserving the paramountcy
of the democratic ideal;
of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing
certain information to citizens who desire to have it.
Guide For the Information Seekers
Under the Right to Information Act, 2005
Object
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, contain corruption, and make our democracy work for the people
in real sense. An informed citizenry will be better equipped to keep necessary
vigil on the instruments of government and make the government more accountable
to the governed. The Act has created a practical regime through which the
citizens of the country may have access to information under the control of
public authorities.
What
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.
Right
to Information under the Act
- A citizen has a right to
seek such information from a public authority which is held by the public
authority or which is held under its control. This right includes
inspection of work, documents and records; taking notes, extracts or
certified copied of documents or records; taking certified samples of
material held by the public authority or held under the control of the
public authority.
- The public authority
under the RIT Act is not supposed to create information; or to interpret
information; or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions. Only such information can be had under
the Act which already exists with the public authority.
- A citizen has a right to
obtain information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through print-out provided
information is already stored in a computer or in any other device from
which the information may be transferred to diskettes.
- The information to the
applicant shall ordinarily be provided in the form in which it is sought.
However, if the supply of information sought in a particular form would
disproportionately divert the resources of the public authority or may
cause harm to the safety or preservation of the records, supply of
information in that form may be denied.
- The Act gives the right
to information only to the citizens of India. It does not make provision
for giving information to Corporations, Associations, Companies etc. which
are legal entities/persons, but not citizens. However, if an application
is made by an employee or office-bearer of any Corporation, Association,
Company, NOG etc. who is also a citizen of India, information shall be
supplied to him/her, provided the applicant given his/her full name. In
such cases, it will be presumed that a citizen has sought information at
the address of the Corporation etc.
1. What is the Application Procedure for requesting
information?
- Apply in writing or
through electronic means in English or Hindi or in the official language
of the area, to the PIO, specifying the particulars of the information
sought for.
- Reason for seeking
information are not required to be given;
- Pay fees as may be
prescribed (if not belonging to the below poverty line category).
2. What
is the time limit to get the information?
- 30 days from the date of
application
- 48 hours for information
concerning the life or liberty of a person
- 5 days shall be added to
the above response time, in case the application for information is given
to Assistant Public Information Officer.
- If the interests of a
third party are involved then time limit will be 40 days (maximum period +
time given to the party to make representation).
- Failure to provide
information within the specified period is a deemed refusal.
3. What
is the fee?
- Application fees to be
prescribed which must be reasonable.
- If further fees are
required, then the same must be intimated in writing with calculation
details of how the figure was arrived at;
- Applicant can seek
review of the decision on fees charged by the PIO by applying to the appropriate
Appellate Authority;
- No fees will be charged
from people living below the poverty line
- Applicant must be
provided information free of cost if the PIO fails to comply with the
prescribed time limit.
4.
What could be the ground for rejection?
- If it is
covered by exemption from disclosure. (S.8)
- If it
infringes copyright of any person other than the State. (S.9)
Exempted
Organisations
The List of 22 exempted organizations is given below:
- Intelligence Bureau,
Ministry of Home Affairs
- Directorate of Revenue
Intelligence, Ministry of Finance
- Central Economic
Intelligence Bureau, Ministry of Finance
- Directorate of
Enforcement, Ministry of Finance
- Narcotics Control Bureau
- Aviation Research Centre
- Special Frontier Force
- Border Security Force,
Ministry of Home Affairs
- Central Reserve Police
Force, Ministry of Home Affairs
- Indo-Tibetan Border
Police, Ministry of Home Affairs
- Central Industrial
Security Force, Ministry of Home Affairs
- National Security Guard,
Ministry of Home Affairs
- Research & Analysis
Wing of The Cabinet Secretariat
- Assam Rifles, Ministry
of Home Affairs
- Sashastra Seema Bal,
Ministry of Home Affairs
- Special Protection Group
- Defence Research and
Development Organisation, Ministry of Defence
- Border Road Development
Organisation
- Financial Intelligence
Unit, India
- Directorate General
Income Tax (Investigation)
- National Technical
Research Organisation
- National Security
Council Secretariat
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