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Right to Information Act,2005 An overview

Nayana Renukumar Centre for Good Governance

Flow of presentation

Need for access to information RTI- Key concepts Evolution of RTI in India Right To Information Act, 2005 -Provisions RTI and social accountability Good practices Positive impacts Key issues Recap

Need for access to information

Freedom of information, fundamental human right - UN General Assembly 1946

Informed citizenry instrumental for good govt. Promotes transparency and accountability Enables participation Protect civil liberties

Antidote to corruption
Court Justice Louis Brandeis

Sunlight is the best disinfectant - U.S. Supreme

RTI- Key concepts

Transparency & accountability in government

functioning

Right of citizen to seek information

Duty of govt. to meet requests and pro-actively

make information available

Responsibility on all sections :Public authorities,

CSOs, citizens, media

Evolution of RTI Act in India

Product of grassroots social movement by an NGO National Peoples Campaign for RTI, 1996

Freedom of Information Act, 2002

Passage of State level RTI Acts

Central government commitment to RTI - 2004

Central Act passed in June 2005

India is the 48th country to pass RTI

Right to Information Act, 2005

Came into being on 12th October, 2005 Applicable to:

Whole of India except Jammu & Kashmir Center, State and local governments Bodies owned/controlled/substantially funded by govt. Executive, judiciary and legislature

Right to Information
Information Records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data or material held in any electronic form

Includes the right to

Inspect public work, documents, records Take notes or certified copies of records

Take certified samples of material

Obtain information in electronic or print form

Institutional set up for RTI

Central Information Commission

Chief Information Commissioner

Information Commissioners (7)

Central Public Information Officers (CPIOs)

State Information Commission

Central Assistant Public Information Officers (CAPIOs)

State Chief Information Commissioner

State Public Information Officers (PIOs)

State Information Commissioners

State Assistant Public Information Officers (APIOs)

Pro-active disclosure

RTI mandates proactive disclosure

Make information readily available

Obligations of Public Authority

Maintenance of Records
Publishing relevant information Publishing facts related to decision-making Providing reasons for decisions to affected persons

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Exemptions
Information Related to Intelligence and security agencies Affecting sovereignty, security, special interests of country Affecting competitive position of third party: Trade
secrets, IP, Comm. Confidence, copyright

Forbidden by court /breaching privileges of legislature

Exemptions will be overridden if public interest in disclosure outweighs the need to protect special interests

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Appeals
Dissatisfaction with information from PIO

First appeal Officer higher in status over PIO Dissatisfaction with higher officials action State/ central information
Penalty Unreasonable delay Rs 250/day - Rs 25,000 IC PIO -to provide information or penalize directs Malpractice up to Rs. 25,000 if found Dept. faulty action No criminal liability

Second appeal commission

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Access to Information in India

Cheap: Fee for information: Rs.10, nil for BPL Simple: Application on a white paper Quick : Response within 30 days in normal case,
within 48 hours for life & liberty considerations

No need to give reason for seeking information Nodal officer in every department to provide information Appellate mechanism to monitor RTI

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RTI and social accountability

The RTI Act can be coupled with Social Audit to ensure the following:

Access to public records for audit Provide for the community to verify recorded information Facilitate a regime of transparency and accountability
Audit of records and documents Corrective actions Identifying gaps and lapses Public hearing based on audit

Social audit process Obtaining records to

be audited through RTI application

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Application of RTI

RTI to enhance PHC service delivery

Information related to functioning of the PHC:

Attendance of staff Field visits of PHC staff Stock registers Inventory of medicines No. of Outpatients treated No. of Surgeries Samples of medicines

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RTI Good practices

RTI call centre: File RTI application through phone

call

National RTI help line : Answer queries on RTI RTI help desks in government offices: Assist
citizens file application

National Convention on RTI Capacity Building for Access to Information (CBAI)

UNDP, GoI, CGG, YASHADA

Capacity building initiatives: Supply & demand side

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RTI Good Practices

Use of ICT for RTI

Online access to documents, files, orders & status of applications - CIC Online application and tracking APSIC National RTI portal - GoI Resource portal on RTI CGG
Public audits using RTI information Information dissemination on RTI using media Short documentaries & booklets on RTI

Civil society initiatives

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Positive impacts
Use of RTI To get basic entitlements and rights To get individual grievances resolved To monitor government works and services at community level Cases Exposes fraud in muster rolls of Employment Scheme Unearths corruption in public procurement RTI enabled monitoring of public distribution system, quality of education, implementation of social security schemes .

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Key issues

Low awareness about act Limited resources of Public Authorities Poor records management Poor proactive disclosure practices Backlogs in Information Commissions

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Summing up.

RTI is an important accountability instrument India has strived to make RTI citizen friendly

Cheap, simple, quick Minimum exemptions & proactive disclosures

Strong institutional mechanism

Proactive efforts from public authorities Success stories from all over the country

Too early to assess the impacts; long way to go