RIGHT TO INFORMATION ACT, 2005 Sanjay Kumar Under Secretary, NHRC

“The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused ” Mahatma Gandhi

RTI Logo - A very simple and iconic logo. A sheet of paper with information on it, and the authority figure behind it – providing the information. The logo can also be related to ‘i’ for information. The bright blue color stands for transparency and purity (free from malpractices) of process.

RIGHT TO INFORMATION WHY? Democracy requires an informed citizenry. Transparency of information vital to its functioning. To contain corruption Re-define larger framework of Accountability, Democracy, Ethics and Rights. Under-pins administrative reforms. Enables Human Rights to be realized. Harmonize conflicting interests.

RIGHT TO INFORMATION ACT, 2005 The RTI bill was introduced in the Lok Sabha in December 2004. It was passed by both Houses of the Parliament in may 2005. The assent of the President was received on 15th June 2005 and act was notified in the Gazette of India on 21st June 2005. The RTI act has been operational on 12th October 2005 after completion of 120 days from the date of Presidential assent.

SALIENT FEATURES OF THE ACT Maximum Disclosures Duty to Publish Suo motu and web based disclosures Duty to Furnish PIO and Deemed PIO Exemption – As per section 8 and 9 of the Act. Covers Private Body & Third Party Information Penalty for defiance. Independent and Non-judicial appellate mechanism Empowerment of citizens

DEFINITION OF “INFORMATION” {SECTION 2 (f) & 2(j) of RTI Act, 2005} “Right to Information” means right to information accessible under this act which is held by or under the control of any public authority and includes the right to- Inspection of work, documents, records; Taking notes, extracts or certified copies of documents or records; Taking certified samples of material; Contd…

DEFINITION OF “INFORMATION” {SECTION 2 (f) & 2(j) of RTI Act, 2005} Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

What is a Public Authority? “Public Authority" means 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; (d)by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; A public authority has to fulfill certain obligations as per RTI Act – 2005.

ROLE OF PIO AND APIO Under the RTI act, Public Information Officers (PIOs) should be designated in all administrative units of every public authority in order to receive information requests from citizens. The RTI act requires that every public authority shall designate Assistant Public Information Officers. Under the act, every APIO has the duty and responsibility to receive information requests from the citizens and forward them to the PIO of the concerned public authority that is likely to have the information being sought by the applicant.

HANDLING NORMAL INFORMATION (Section - 7 of RTI Act, 2005) Provide information within 30 days of the request. If the information concerns life or liberty of a person, within 48 hours. Failure to provide information within specified time limit by PIO will be deemed refusal of request. If payment of further fees is required to provide information, PIO to intimate the requestor. Intervening period excluded from specified period of 30 days. Contd…

HANDLING NORMAL INFORMATION Fees prescribed for providing information in printed or any electronic format is as under:- i) A request for obtaining information under sub-section (1) of Section 6 shall be accompanied by and application fee of rupees ten by way of cash against proper receipt or by Demand Draft of Bankers Cheque payable to the public authority. Contd…

HANDLING NORMAL INFORMATION ii) Rupees two for each page (in A-4 or A-3 size paper) created or copied; iii) Actual charge or cost price of a copy in larger size paper; iv) Actual cost or price for samples or models; and v) For inspection of records, no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter. vi) For information provided in diskette or floppy rupees fifty per diskette or floppy; and Contd…

HANDLING NORMAL INFORMATION. vii) 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. No such fees for persons below poverty line. Info to be given free of charge (no fees) if not provided within specified time limit. Info to be provided in the requested format unless Disproportionately expensive. ii) Affects safety or preservation of the record.

WHAT IS NOT OPEN TO DISCLOSURE PIO may reject a request for info for any of the grounds mentioned in Sections 8 & 9 (within 30 days) Section (8) (1) {exemption from disclosure of information} a) National Security - Information , disclosure of which would prejudicially affect the Sovereignty and Integrity of India, the Security, Scientific or Economic interests of the State, relation with foreign state or lead to incitement of an offence; Contd…..

WHAT IS NOT OPEN TO DISCLOSURE b) Contempt of Court- 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; c) Parliamentary Privilege- information, the disclosure of which would cause a breach of Privilege of Parliament or the State Legislature; d) Trade Secrecy- 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; Contd….

WHAT IS NOT OPEN TO DISCLOSURE e) Fiduciary Relationship- 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; f) Foreign Government- Information received in confidence from Foreign Government; g) Safety of informer in Law Enforcement- 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 of security purposes; Contd….

WHAT IS NOT OPEN TO DISCLOSURE h) Investigation - Information which would impede the process of investigation or apprehension or prosecution of offenders; i) Cabinet Papers - Cabinet Papers including records of deliberations of the council of ministers, secretaries and other officers: j) Privacy - 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 unless the central public Contd….

WHAT IS NOT OPEN TO DISCLOSURE Powers of Public Authority Section 8(2) – Notwithstanding anything in Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section(1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

WHAT IS NOT OPEN TO DISCLOSURE Section 9: Infringement of copyright Without prejudice to the provision of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the state.

WHAT IS NOT OPEN TO DISCLOSURE Voluminous Information Section 7(9) may be used to disallow voluminous information.

Protection: Section 21 No suit prosecution or other legal proceeding shall lie against any person for anything which is done in good faith.

Overriding effect; Section 22 RTI Act shall 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 this Act.

Central Information Commission: Central Information Commission is an autonomous body set up to inquire into complaints received from citizens. One can complain that he has been refused access to information. He can also complain about how the public authority has handled his request.

RTI Act 2005 – Penalty/Compensation Provisions 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.

RTI Act 2005 – Penalty/Compensation Provisions Opportunity of hearing to be given. Commission can grant compensation for loss suffered by applicant due to non-provision of information.

Discernible Shifts contd.. Request Access to privileged few Opaque and unaccountable system Part of Right to Freedom of Speech & expression Command Open to Entire population Transparency, open and accountable system Part of constitutional guarantees under Fundamental Rules including Life and Liberty contd..

Discernible Shifts Tool to fight corruption & Arbitrary use of power Legal entitlement Arbitrariness From Information Flow of communication Inward Records as Storage Driven Tool to fight corruption & Arbitrary use of power Ethical & participative democracy To accountability & beyond Outward (citizens) Records as Retrieval Driven

Way Forward Improve Records Management Maximize disclosure Prepare list of information which is in need/demand. Demystification of Information

Way Forward Improve Decision Making Process Critically examine the existing operating procedures including channels of supervision and accountability Review operating Manuals Develop standards of performance/ norms Set up Documentation / Learning Resource Centers

Public Awareness and Educational Programmes Sec 26 Develop and organize educational programmes to advance the understanding of the public, particularly the disadvantaged, to exercise Right to Information. Government to: Encourage public authorities to participate in programmes; promote timely/effective dissemination of accurate info on activities. Train PIOs and produce relevant training materials - user guide and related matter.

THANKS