Right to Information: a

fundamental human right

Renu Vinod
Research Associate
Centre for Civil Society
New Delhi
What is RTI Act 2005?
Central legislation
Grants access to information held by a public
authority
Flows from two fundamental rights enshrined in
the Constitution:
Article 19-Freedom of speech and expression
Article 21-Right to life and liberty
Enacted: 15 June 2005 Enforced: 12 October 2005
What is information?
any material in any form:
records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data
material in any electronic form, information relating
to any private body which can be accessed by a public
authority
File notings: are accessible unless they fall under the
exempted category [Section 2 (f), (i) and (j)]
What is a record?
a) Document, manuscript, file
b) Microfilm, microfiche, fax
c) Reproduction of film or images
embodied in such a film
d) Any other material produced by a
computer or other electronic devise
Right to information means the
right to:
Inspect works, documents, records
Take notes, extracts, certified copies of documents
and records
Take certified samples of material
Access information in the following forms:
printouts, diskettes, floppies, tapes,
videocassettes and other electronic mode
[Section 2 (j)]
Who can you demand
information from?
Public Authority:
Any institution/authority/body of self-government
established or constituted:
By or under the Constitution
By any law made by Parliament
By any law made by State Legislature
Body owned/controlled/substantially financed; NGO
substantially financed by government [Section 2 (h)]
Electronic Management of Records
Every public authority shall –
maintain all its records duly catalogued and
indexed in a manner and the form which facilitates
the right to information under this Act and ensure
that all records that are appropriate to be
computerized are, within a reasonable time and
subject to availability of resources, computerized
and connected through a network all over the
country on different systems so that access to such
records is facilitated [ Section 4 (1)]
Section 4: the spirit of RTI 2005
“It shall be the endeavour of every public
authority…to provide as much information suo
moto to the public at regular intervals through
various means of communication…so that the
public have minimum resort to the use of this
Act to obtain information”
[Section 4 (1)]
http://petroleum.nic.in/rtiact2005.htm
Exempted Information
Section 8 of the Act deals with information that
cannot be disclosed unless the larger public
interest warrants the same
Information dating to event/matter twenty years
back shall be provided
Public interest in disclosure overrides restricting
that information
PIOs: Who are they and what are
their obligations?
Public Information Officers are designated in every
public authority to provide information to
requisitioners
Their Duties:
Respond to information requests
Render all reasonable assistance including
reducing requisition in written format
If requested information is with another PA, the
PIO will transfer the requisition within 5 days and
inform the requisitioner immediately
[Section 6]
Duties of PIO
Respond to a requisition within 30 days:
Provide information on payment of fee
Reject the requisition with reasons
If information concerns life or liberty of
requisitioner, respond within 48 hours
If the PIO fails to do any of the above within 30
days, s/he shall be deemed to have refused the
request
[Section 7]
When information is rejected:
The PIO will have to communicate to the
applicant:
The reasons for the rejection
The period within which the appeal should be
made
Particulars of the appellate authority
[Section 7 (8)]
Can you ask for partial
disclosure?
In case of providing partial access to information:
Reasons
Names of PIOs who took the decision
[Section 10 (1)]
If information has been supplied by a third party/ third
party treats the information as confidential, the PIO will:
Give a written notice to the third party within 5 days of
date of request to make a representation
Third party will get 10 days to make a representation
[Section 11]
Penalty
The CIC/SCIC shall impose a penalty of Rs 250/-
per day
Total amount will not exceed Rs 25,000
Not furnishing information in 30 days
Misleading the applicant
Providing wrong information
Not publishing information suo motu
Not computerizing data and uploading on website
[Section 18]
How do you request for
information?
Keep the questions short and specific
Details of IOs now available on website u/s 4(1)
(b)
Duty of PA to ensure that the application reaches
the correct PIO
No need to give reasons for making the requisition
No prescribed application format: some PAs have
their own form but cannot enforce compliance
Fee that you have to pay: Central
Rs 10 has to be deposited along with the application
form
Rs 2 has to be paid for every page of information
sought
Actual cost price for any samples or models
For inspection of records, no charge for the first hour:
but a charge of Rs 5 for every 15 minutes thereafter
Actual cost price for paper larger than A3 size
Rs 50 for information provided on a diskette
For information in printed form, the price fixed for
the publication
Fee: Delhi
Requisition to be accompanied by Rs 10 payable by
cash/demand draft/banker’s cheque to the Accounts
Officer:
Rs 2 per page created or copied
Actual cost or price for models or samples
For inspection of records, no fee for the first hour;
Rs 5 for each subsequent hour or fraction thereof
Rs 50 for information on diskette or floppy
For information in printed form, at price fixed for
publication or Rs 2 per photocopied extract
Appeals Process:
Format
Documents
Procedure in deciding the appeal
Service of notice by the Commission
Personal presence of appellant/complainant
Order of the Commission
CCS focus: DTP and ICTs for
RTI
Suggestions for suo motu disclosure of
information to DoPT
Duty to Publish Index: 37 points of compliance
Movement towards suo motu disclosure:
Publish frequently requested information
Publish information that has been disclosed under the
RTI Act