The Right to Information Act (RTI) is completing five years of its implementation today on Tuesday, October 12, 2010. While the Act came into force on October 12, 2005 in rest of the country, it has been applicable to Jammu and Kashmir since 20 March 2009 under the title “J&K Right to Information Act, 2009” ,which was excluded earlier when its form.
With the help of the Right to Information Act, any citizen can request for information from a public authority, which is required to be replied within thirty days. According to the Act, every public authority has to computerise their records for wide dissemination of information. Below is the small introduction of act;
Why RTI, 2005?
• The Common man has the least perception about the governance at various levels.
• A citizen can’t be empowered unless she/he knows how the government functions.
• Corruption
o Accentuates the social hiatus between the rich and poor.
o Is the main cause of absences of political reforms.
o Alienates the citizenry against the government.
History of RTI
• Freedom of Information laws have existed since 1766, when Sweden passed its Freedom of the Press Act, granting public access to government documents.
• The US passed the Freedom of Information Reform Act in 1966.
How it started in India
• In 1996, the draft Bill was submitted to the Government of India.
• Tamil Nadu was the first State to introduce the Right to Information Act on April, 17th 1996 followed by Goa in 1997.
• Maharashtra Introduced the Right to Information Act in 2002.
• June 15th, 2005, President APJ Abdul Kalam gave his assent to the National Right to Information Bill 2005.
• The Act became operative from 12th October, 2005
The RTI Act is a tool helping to ensure rights already promised in the Constitution
• Article -19- Right to freedom of speech and expression
• Article -21- Right to life and liberty
Who is covered??
All of India
What is open to disclosure?
• A wide spectrum of bodies including
• The central and state governments,
• Panchayat raj institutions,
• Local bodies, and
• NGOs owned or substantially financed by the government.
What is NOT open to disclosure?
Any information which would prejudicially affect
• 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 offence.
What bodies are not open to disclosure?
Central Intelligence and Security agencies like;
IB, R & AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, and Special Service Bureau, etc.
*Exclusions are NOT absolute and they must provide information pertaining to allegations of corruption and human rights violations.
What does “Information” cover?
• Record
• Contracts
• Emails
• Samples
• Reports
• Opinions
• Documents
• Circulars
• Models
• Data Material in any electronic form
• Orders
• Log Books
• Advices
• Press Releases
• Memos
• Papers
Process of RTI
1. Identify the public authority which holds the information
2. Identify who to submit your application to within the public authority
3. Draft a clearly focused application
4. Submit your application
Application Procedure
• Specify in English, Hindi, or the official language of the area what particular information you are seeking.
• Stating the reason for seeking the information is NOT required.
• If you do not fall below the poverty line, you will pay a nominal fee as is prescribed for your particular region.
Application Form Information:
• Name of Applicant
• Address
• Particulars of Information required;
o Subject Matter of Information
o The Period to which information relates
o Description of the Information required
• Whether information required in person or by post?
• In case of Post, By Registered post/ordinary post?
• Whether applicant is below the poverty line
Where can I find one of these forms?
You can find RTI Applications online at;
• www.rti.gov.in
• www.righttoinformation.org
• www.righttoinformation.gov.in
Where do I submit it?
The forms have to be submitted to the appropriate Public Information Officers. If you don't know the Public Information Officer, make your application to the office concerned.
For example, if you would like to know the status of your tax refund in the income tax, you can make the application in the following way;
To,
The Public Information Officer.
Office of the commissioner of the Income tax
Aayakar Bhavan,Church gate,
Mumbai.
How much does an application cost?
Depends on the State – usually 10 to 20 rupees
How much does the information cost?
It depends on;
• The medium on which the information is held such as paper or a diskette
• Whether postal fees are necessary
• The State in which the information is being requested
NO fees will be charged from people living below the poverty line or if the PIO fails to comply with the prescribed time limit.
How long will it take to get my information?
• 30 days from the date of application
• 48 hours for information concerning the life and liberty of a person
• 5 days shall be added to the above response time if application is given to Assistant Public Information Officer
• 40 days if interests of a third party are involved
• Failure to provide information within the specified period is deemed refusal
RTI Act 2005 - Appeals
• First appeal with senior in the department
• Second appeal with Information Commission
• Appeal to be disposed of in 30-45 days
• Onus of proof on refuser/public authority
• Independent Central/State Information Commissions, as appellate/supervisory authority
