RIGHT TO INFORMATION ACT

Right to Information A Powerful Tool for A Powerful Tool for Strengthening Democracy and Strengthening Democracy and Enhancing Good Governance Enhancing Good Governance

Good Governance – Key Attributes  Transparency  Responsibility  Accountability  Participation and  Responsiveness (to the needs of the people  “Good governance creates an enabling environment conducive to the enjoyment of human rights and prompts growth and sustainable human development.” (UN Commission on Human Rights) (UN Commission on Human Rights)

The Problem – undue secrecy “Much of the common person’s distress and helplessness is traceable to lack of access to information and lack of knowledge of decision- making processes” Official Secrets Act, 1923 throws a veil of secrecy on Government procedures – Abid Hussain, IAS (retd.) former Member, Planning Commission of India

What is Right to Information? Right to Information  Asking for and being given information as a matter of right is called “Right to Information” Constitution of India  The Right to Information is a fundamental right under the Constitution of India Article 19 (1)(a)  Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a) Article 21  Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21

Status of RTI Laws on the Planet

Status of RTI Laws in India

An Introduction The Right to Information Act, 2005 (Passed by the Indian Parliament in May 2005)

COVERAGE Covers all of India except Jammu and Kashmir. Covers all of India except Jammu and Kashmir. Covers central, state and local governments, and  all bodies owned, controlled or substantially financed;  non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government (2(h)) Covers executive, judiciary and legislature (2(e) Includes information relating to private body which can be accessed by under any other law for the time being in force (2(f))

Definition of ‘Information’ [S.2(f)] Centre for Civil Society 10 "information" means any material in any form, including - Records - Documents - Press Releases - Circulars - Log Books - Papers - Memos - Opinions - Advices - Orders - Contracts - Samples - Models - s - Data in electronic form -info related to any private body

‘Information’ and ‘Right’ - Definitions to inspect works, documents, records Right to information whose disclosure is in the public interest to take notes, extracts or certified copies to take samples to obtain information in electronic form (Sec. 2)

‘Record’ - Definitions Any document, manuscript and file (Sec. 2) Any microfilm, microfiche and facsimile copy of a document Any reproduction of image or images embodied in such microfilm (whether enlarged or not) Any other material produced by a computer or any other device

OBLIGATIONS OF PUBLIC AUTHORITIES Maintain records catalogued and indexed-> computerization, networking Publish certain particulars within 120 days Publish relevant facts while formulating policies/ decisions affecting public Provide reasons for administrative/ quasi-judicial decisions to affected persons Suo moto provide information ->minimize need for resorting to RTI Form of dissemination- easily accessible In 100 days, designate PIOs and APIOs Info should be free or at cost of medium only

DISSEMINATION Notice boards Newspapers Public announcements Media broadcasts Internet Inspection of offices Other means

PARTICULARS TO BE PUBLISHED Particulars, functions and duties of the organization Powers, duties of officers & employees Procedure followed in decision making including channels of supervision Norms set for discharge of functions Rules, regulations, instructions, manuals, records used Statement of categories of documents held

PARTICULARS TO BE PUBLISHED (contd.) Details of arrangement of consultation/ representation of public in policy formulation or implementation Statement of boards, councils, committees constituted as its part Directory of officers and employees Their monthly remuneration Budget, plans, proposed expenditure Particulars of concession recipients Facilities available for obtaining information Name, designation, particulars of PIO (to be updated annually)

Application Process  Apply in person or electronically (Reasons for seeking information shall not be asked)  Time limit for giving information  If information concerns life and liberty of a person  If information is given by third party then invite objections if any  No action on application for 30 days request in English or local official language deemed refusal add 10 extra days must be given within 48 hrs 30 days [Sec. 6 & 7]

Role of PIO and APIO PIO  provides information to anyone requesting for it APIO  receives applications and forwards them to PIO

Functions of PIO Deal with requests for information Offer reasonable assistance to applicant Provide access-enabling assistance to sensorily disabled Seek assistance from any other officer as considered necessary For the purpose of contravention of this act, such other officer will be treated as PIO.

REQUESTS FOR INFORMATION Will be made to PIO To be in writing/ electronic means (if it can’t be in writing, PIO will assist to reduce oral request to writing) In Hindi, English, Official language of the area Accompanied by prescribed fee No reason required No personal details required except for contacting To be transferred to another public authority if pertains to them (in 5 days)  applicant to be informed

DISPOSAL OF RE QUESTS: TIME-FRAME In 30 days if direct to PIO In 35 days if through APIO In 48 hours if life & liberty at stake If redirected, in 5 days If not given in time, deemed refused If further fees required, period between dispatch of request and deposit of fees will not count

Centre for Civil Society 22 Exemptions c) Commercial confidence, trade secrets or intellectual property d) Information from a foreign government e) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries or prosecution of offenders f) Information which relates to personal matters, the disclosure of which has no bearing on any public activity or interest

Fees payable  Application fees prescribed by appropriate Govt. (Rs.10/-)  Cost of giving information may be charged on the requestor  Requestor may seek review of the fees from the Appellate Authority if it is unreasonable If information is not given within time limit it must be given free of cost (Details of fees and how the figure was arrived at must be given in writing)  Time between date of dispatch of intimation about fees and actual payment excluded while calculating 30 day time limit [Sec. 6, 7]  Rs. 2/- per page ; Rs. 50/- per floppy, others and samples - actual cost ; inspection – 1 st hour free, Rs. 5/ - every subsequent 15min  Must be reasonable. No fees for B elow P overty L ine applicant

Who is not covered? [Sec. 24(1) and Schedule 2] IB & RAWIB & RAW Directorate of Revenue IntelligenceDirectorate of Revenue Intelligence Central Economic Intelligence BureauCentral Economic Intelligence Bureau Directorate of EnforcementDirectorate of Enforcement Narcotics Control BureauNarcotics Control Bureau Aviation Research CentreAviation Research Centre Special Frontier ForceSpecial Frontier Force CRPF, ITBP, CISF, NSGCRPF, ITBP, CISF, NSG Special Service BureauSpecial Service Bureau Assam RiflesAssam Rifles Special Branch (CID) Andaman and NicobarSpecial Branch (CID) Andaman and Nicobar Crime Branch (CID) Dadra and Nagar HaveliCrime Branch (CID) Dadra and Nagar Haveli Special Branch Lakshadweep PoliceSpecial Branch Lakshadweep Police Matters relating to corruption and human rights violations covered by law must be given Information can be given only if concerned IC approves Time limit – 45 days and any other intelligence or security organisation established by State govts.

Central Information Commission: An autonomous body to inquire into complaints received from citizens. One can complain to the CIC if refused access to information or how the public authority has handled your requested, for instance; Failure to respond to your request within 30 working days or failure to explain why an extension is needed. Failure to give you proper advice and help within the stipulated time. Failure to give information in the form in which you asked for it. Failure to properly explain reasons for refusing your request, for instance if the public authority believes that giving you information would harm a criminal investigations.

Penalty Provisions  IC can penalise PIO Rs. 250/- per day up to a maximum of Rs. 25,000/- for - Refusal to receive applicationRefusal to receive application [Sec ] Not furnishing information within time limitNot furnishing information within time limit Malafidely denying informationMalafidely denying information Knowingly giving incorrect, incomplete, misleading informationKnowingly giving incorrect, incomplete, misleading information Destroying information which was the subject of requestDestroying information which was the subject of request Obstructing furnishing of information in any mannerObstructing furnishing of information in any manner Without reasonable cause For persistent violation of the law IC can recommend disciplinary action

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