Transcript
RIGHT TO INFORMATION ACT
Presented By – Manoj Bisht Sudarshan Kashikar Amogh Joshi Deepanwita Banerjee Bhargav Padh
Presentation Flow• Chronology of the RTI Act & International Scenario
• The RTI Act, 2005 & its Scope
• Process of filing an RTI & Timeplan
• Cases, Exemptions & Penalties
• Problems and Possible Strategies
• Media & RTI
• Initiatives & General Awareness
Need For an RTI Act
• Mahatma Gandhi’s vision of ‘Real Swaraj’
• Provision in the Constitution of India
• Enforcement of Right to information
• Time-Bound and Defined Process to Access Information
Chronology of RTI
• FOI Law first enacted, Sweden, 1766
• Raj Narain vs. State of UP, India, 1976
• Mazdoor Kisan Shakti Sangathan (MKSS) movement in Rajasthan, India, 1990
• Freedom of Information Act, India, 2002
• Right to Information Act, India, 2005
International Scenario
• Commonly known as right to information to public bodies
• 13 countries in 1990
• 70 countries by 2009
• Under active consideration in 20-30 nations
• Access to Information Act, Canada
• Federal Transparency and access to Information law, Mexico
Status in India prior to RTI Act
Right To Information Act, 2005
• RTI Act - 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.
Scope of RTI Act
• Whole of India except the State of Jammu and Kashmir
• Bodies constituted under the Constitution or any law or any Government notification
• Bodies owned, controlled or financed substantially by Government.
• Non-govt. organizations substantially financed by the government directly or indirectly
Public Information Officer (PIO)
As and when an RTI Bill is action in a State –
PIO’s – Designated in each Public Authority at Administration Levels
Assistant PIO’s - Designated at Sub-Divisional or Sub- District Levels
Duties of a PIO
• Accept applications for information
• Give information in the format requested within the time limit
• Transfer Application to Correct PIO within 5 days
• Inform citizen in writing if application was transferred
• Refuse or Grant Disclosure
Process For Filing RTI
• Application may be in writing / electronic means
• English / Hindi or official language of area to be used
• No specific application format necessary
• Application may be sent by registered post /courier
• Meager Application Fee
• Apply to the ‘Public Information Officer’ (PIO)
Time-limit for Receiving Information
• 30 days if application is filed with PIO
• 35 days if application is filed with Assistant PIO
• 35 Days if Application Transfer was involved
• 48 hours if information affects life and liberty of individual
• 40 days if interests of third party are involved
Appeal Mechanism
• First Appeal to be made to Appellate authority
• Appeal to be made within 30 days
• Decision has to be given in next 30 days
• Second Appeal to be made to CIC
• Second appeal to be made within 90 days
• Second Appeal leads to penalization of the PIOs
Penalties
• Non-Performance of Officer
• Delay in providing information
• Providing incomplete or false information
• Rejecting application for malafide reasons
• The CIC imposes penalty of Rs 250 per day
• Maximum penalty is Rs 25,000
Partial Disclosure• In case of providing partial access to information:
– Reasons
– Names of PIOs who took the decision
• If third party treats information as confidential, then
– Give a written notice to the third party
– Third party gets 10 days to make a representation
Instances where RTI can be used
• Seek information on certain Government activities
• Reasons for certain Government decisions
• Seek information to prevent wrongdoings
• Suggest improvements once you have the information
• When bribes are sought from you
• Your complaints or FIR go unheeded
Cases Exempt from Disclosure
• Sovereignty, Integrity, Security of India in danger
• Forbidden by any court of law
• Received in confidence from Foreign Government
• Invasion of Individual Privacy
• Life of a person is put in danger
• Cabinet Papers
Power of RTI Act
• Facilitates information on Government actions
• Helps preserve democratic ideals
• Helps contain Corruption
• Holds government accountable
• Harmonizes conflicting public interests
Growing Importance of RTI
Perceived Problems & Possible Strategies
Perceived Problems - • Frivolous applications• Voluminous information• Long process• Bureaucracy Fears Strategies -• Generate Mass Concern• Digitalize the system
Actual Problems• Government records are not in proper shape
• Pending cases at the Second appeal stage
• Mismanagement of the Application filed
• Indian missions abroad
Media and RTI• Giving voice to the citizens
• Narrowing the democratic deficit
• Encourage debate and discourse among stakeholders
• Supplementing development activities in the context of RTI
• Catalyzing effective implementation of the Act
Obstacles Faced by Media
• Institutions and processes are inadequate
• Skewed Information flow within Government
• Bureaucratic delays in providing information
• Largely illiterate population
Awareness• Several laws passed, but how many are aware?
• If aware, are we really using it?
• Implications of unawareness among the masses.
• What can be done to make people aware?
• How can the NGOs and private companies contribute?
Initiatives
• Initiatives by RTI activists & Government
• Initiatives by NGOs & Private Companies
•Initiatives by the media viz. TV, Radio and Print
• Initiatives by the movie world
Outcomes
• Are always positive or negative
• Recognition of eminent RTI activist
• Victimization of whistle blowers
• Only 13% Rural and 33% Urban population aware
RTI Success Stories• To Pull up Fair Price Shops in Kalol, Gujarat
• Rajasthan villagers use RTI to end woes
• Official fined Rs. 40,000 by CIC, Chattisgarh
• RTI revives Panchayat Social Justice Committees in Gujarat
• Citizen uses RTI to get elusive pension
THANK YOU
Your RIGHT TO INFORMATION…
Questions Invited !!
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