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RESEARCH PAPER

TOPIC:RIGHT TO INFORMATION ACT:A


STEP TOWARDS MORE DEMOCRATIC
INDIA

Table of Contents
ACKNOWLEDGEMENT .............................................................................. Error! Bookmark not defined.
JUSTIFICATION ........................................................................................................................................ 2
RESEARCH METHODOLOGY ................................................................................................................... 5
GOAL BASED ............................................................................................................................................ 6
Descriptive Research........................................................................................................................... 6
Exploratory Research .......................................................................................................................... 6
EXTENT OF INFORMATION...................................................................................................................... 7
Primary Research ................................................................................................................................ 7
Secondary Research ............................................................................................................................ 7
Quantitative Research ........................................................................................................................ 8
Qualitative Research ........................................................................................................................... 8
HYPOTHESIS ............................................................................................................................................ 9
INTRODUCTION ..................................................................................................................................... 10
LITERATURE REVIEW ............................................................................................................................. 16
ARTICLE 1: ......................................................................................................................................... 16
ARTICLE 2: ......................................................................................................................................... 16
ARTICLE 3: ......................................................................................................................................... 18
ARTICLE4: .......................................................................................................................................... 19
ARTICLE 5: ......................................................................................................................................... 20
ARTICLE 6: ......................................................................................................................................... 21
ARTICLE 7: ......................................................................................................................................... 21
ARTICLE 8: ......................................................................................................................................... 22
ARTICLE 9: ......................................................................................................................................... 23
ARTICLE 10:THE TIMES OF INDIA ...................................................................................................... 23
ARTICLE 11: THE TIMES OF INDIA ..................................................................................................... 25
ARTICLE 12: ....................................................................................................................................... 26
ARTICLE 13: ....................................................................................................................................... 27
ARTICLE 14: ....................................................................................................................................... 28
ARTICLE 15: ....................................................................................................................................... 29
QUESTIONNARE .................................................................................................................................... 31
ANALYSIS AND FINDINGS ...................................................................................................................... 34
CONCLUSION............................................................................................ Error! Bookmark not defined.
BIBLIOGRAPHY ......................................................................................... Error! Bookmark not defined.
ANNEXURE ............................................................................................................................................ 50

JUSTIFICATION
The Right to Information Act 2005 is unique and one its kind. It has
been enacted for the convenience of the citizens of the country and to
maintain the transparency between the government working and the
public who are the beneficiaries. As the Act aims at making the
government transparent and more accountable, the effective use of it
would, in a long run, curb corruption.
If we do not have information on how our Government and Public
Institutions function, we cannot express any informed opinion on it.
Democracy revolves around the basic idea of Citizens being at the
centre of governance. And the freedom of the press is an essential
element for a democracy to function. It is thus obvious that the main
reason for a free press is to ensure that Citizens are informed. Thus it
clearly flows from this that the Citizens Right to Know is of apex
importance.
Right to Information is a Fundamental Right and guaranteed as per
Article 19 and 21 of the Constitution of India. It is part of the
Fundamental Right to Freedom of Speech and Expression recognized
by the Constitution and various Supreme Court decisions. This act has
repealed the Freedom of Information Act, 2002. The Act does not
emphasize active intervention in educating people about their right to
access information- without widespread education and awareness
about the possibilities under the new Act; it could just remain on
paper. The Act also reinforces the controlling role of the government
official, who retains wide discretionary powers to withhold
information.
However it can be said without any hesitation that India has finally
woken up to realize that right to information is a key component in
the attainment of economic, social and political rights of an individual
as well as the community.

OBJECTIVE
The objective of the study is to give an overview of the right to
information act 2005. The act has been successful enough in making
India a more democratic country. The Right to Information Act 2005
is unique and one its kind. It has been enacted for the convenience of
the citizens of the country and to maintain the transparency between
the government working and the public who are the beneficiaries. As
the Act aims at making the government transparent and more
accountable, the effective use of it would, in a long run, curb
corruption.
The study gives us what this act is and its purpose and benefits to the
citizens of India.
RESEARCH METHODOLOGY

Methodology is a means or manner of procedure, especially a regular


and systematic way of accomplishing any research.
It refers to various ‘methods’ by which a research is taken out and
thus enables an in-depth study.
Methodology includes various types; in this research several
methodologies are selected.

 Goal Based-

Descriptive Research and Exploratory Research

 Extent of Information –

Primary Research and Secondary Research

 Property of Subject-

Quantitative Research and Qualitative Research

These methodologies will let us find various ways in which the study
can be done.
A detailed study with all methods will give us a thorough knowledge
of the long term as well as the short term impacts of the topic.
GOAL BASED

Descriptive Research

This type of research is conducted to study the behaviour or


characteristic of a group of people/ crowd.
The main goal of this type of research is to describe the data and
characteristics about what is being studied. The idea behind this type
of research is to study frequencies, averages, and other statistical
calculations.

Exploratory Research
As the term suggests, exploratory research is often conducted
because a problem has not been clearly defined as yet, or its real
scope is as yet unclear. It allows the researcher to familiarize
him/herself with the problem or concept to be studied, and perhaps
generate hypotheses (definition of hypothesis) to be tested.
This type of research is conducted to get an insight about the topic.
Thus is done to gain knowledge and awareness.
It is used to identify and obtain information on a particular problem or
issue.
EXTENT OF INFORMATION

Primary Research

A primary source is an original document, raw material or first-hand


information. Primary sources include eyewitness accounts, results of
experiments, pieces of creative writing, and art objects.

The most common primary research basically includes questionnaires,


surveys and various observations.

In respect to the topic, the primary data collection would help us to


know the behaviour or characteristic of different groups of people
through questionnaires.

Secondary Research

A secondary source is something written about a primary source.


Secondary sources include comments on, interpretations of, or
discussions about the original material. Secondary sources are
basically second-hand information.

These materials can be articles in newspapers or popular magazines,


book or movie reviews, or articles found in scholarly journals that
discuss or evaluate someone else's original research.

Thus, secondary resources that are used in this in-depth study are
internet data, television advertisements and other sources like
journals.
PROPERTY OF SUBJECT

Quantitative Research

Quantitative research generates numerical data or data that can be


converted into numbers. Objective of quantitative research is to
develop mathematical models and theories.
Quantitative data is any data that is in numerical form such as
statistics, percentages, etc. This means that the quantitative researcher
asks a specific, narrow question and collects numerical data from
participants to answer the question. The researcher analyzes the data
with the help of statistics.
Therefore, quantitative research deals with racial numbers, facts and
figures.

Qualitative Research

Qualitative research is used to explore and understand people's


beliefs, experiences, attitudes, behaviour and interactions. It generates
non- numerical data.
This data cannot be a theory or model, it relates to one’s own choices,
likes and dislikes. Qualitative researchers aim to gather an in-depth
understanding of human behaviour and the reasons that govern such
behaviour.
Therefore, qualitative research deals with preferences, emotions.
HYPOTHESIS

The right to information act has been a step towards


more democrartic india.
INTRODUCTION

Right to Information is a Fundamental Right and guaranteed as per


Article 19 and 21 of the Constitution of India. It is part of the
Fundamental Right to Freedom of Speech and Expression recognized
by the Constitution and various Supreme Court decisions. The Right
to Information Act 2005 (Act No. 22/2005)is a law enacted by the
Parliament of India giving citizens of India access to records of the
Central Government and State Governments. The Act applies to all
States and Union Territories of India, except the State of Jammu and
Kashmir - which is covered under a State-level law. Under the
provisions of the Act, any citizen (including the citizens within J&K)
may request information from a "public authority" (a body of
Government or "instrumentality of State") which is required to reply
expeditiously or within thirty days. The Act also requires every public
authority to computerize their records for wide dissemination and to
proactively publish certain categories of information so that the
citizens need minimum recourse to request for information formally.
The RTI Laws were first successfully enacted by the state
governments — Tamil Nadu (1997), Goa (1997), Rajasthan (2000),
Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya
Pradesh (2003), Assam (2002) and Jammu and Kashmir (2004).
The Maharashtra and Delhi State level enactments are considered to
have been the most widely used. The Delhi and J&K Right to
Information Acts are still in force. The first draft of the Right to
Information Bill was presented to Parliament on 22 December 2004.
After intense debate, more than a hundred amendments to the draft
Bill were made between December 2004 and 15 June 2005, when the
bill finally passed. The Act came fully into effect on 13 October 2005.
The Act covers the whole of India except Jammu and Kashmir. It is
applicable to all constitutional authorities, including the executive,
legislature and judiciary; any institution or body established or
constituted by an act of Parliament or a state legislature. It is also
defined in the Act that bodies or authorities established or constituted
by order or notification of appropriate government including bodies
"owned, controlled or substantially financed" by government, or non-
Government organizations "substantially financed, directly or
indirectly by funds" provided by the government are also covered in
the Act's ambit.
The ideal status the right to information deserves is that of a
fundamental right under our Constitution .With the Constitutional
guarantee to conform to, the Act could have been used as an
instrument constituting the requisite authorities, apart from laying
down the quintessential exceptions to granting information, such as
national security and parliamentary privilege.
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. The Act consists of six chapters and two schedules
– preliminary, right to information and obligations of public
authorities, the central Information commission, the state Information
commission, powers and functions of the Information Commissions,
appeal and penalties, and Miscellaneous.
The Right to Information Act basically has two Parts-(a) Substantive
law, and (b) Procedural law. Section 3 could coupled with some other
provisions like sections 8, 9, 18, 19 and 20 of the Act deal with
substantive law while section 6 along with some other provisions like
section 7 of the Act deal with procedural law. Thus the Act is a
completed Code in itself. The core of the enactment is that the citizen
can obtain such information he needed from public authorities. It is
the mandate of sections 3 and 4 of the Act to provide information to
the citizens.
Definition: Information
The Act defines information in sec. 2(f) as any material in any form,
including the records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, log books, contracts, reports, papers,
samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a
public authority under any law for the time being in force. Sec. 2(i)
defines the word ‘record’ as including (a) any document, manuscript
and file, (b) any microfilm, microfiche and facsimile copy of a
document, (c) any reproduction of image or images embodied in such
microfilm and (d) any other material produced by a computer or any
other device.
The information under this Act includes any mode of information in
any form of record, document, e-mail, circular, press release samples,
samples of electronic data, etc. The most welcoming feature of this
enactment is that the information can be obtained within a fixed time
frame of 30 days and if the information relates to life or personal
liberty, then it can be obtain within 48 hours. No such time frame
provision has been made in any Act or code till this date. There are
certain limitations or exemption under section 8 of the Act which
precludes the citizen getting such information. Subject to the
limitation narrated under section 8, every public authority is under an
obligation to provide the information on request both written and oral.
The Act made provisions for the Constitution of Central Information
and State Information Commissions for the respective States as the
appellate authorities and for monitoring the proper working of this
Act.
The Act provides for appointment of Public Information Officers in
each of the public authorities at different levels. They are appointed
by designation of their existing staff. Assistant Public Information
Officers are also similarly designated in every division and sub-
division of the administrative units.
The first step to be taken by the citizen seeking information is that he
may send the application for information to the Assistant Public
Information Officers who will transmit it within 5 days to the Public
Information Officer. The application so transmitted shall be attended
to and disposed of by the Public Information Officer within 30 days
of its receipt by him. Here disposal of application means a real and
substantial disposal. He should make available the full information in
the form it is requested. If the entire material is not available he must
make available so much of information as is available with him in the
first instance and transmit within 5 days, the rest of the application to
the concerned Public Information Officer for disposal who should in
his turn shall comply with the request within 30 days as originally
fixed. If the information is partly made available and the rest is
rejected, the Information Officer shall state the reasons thereof.
The next stage is that if the Public Information Officer refuses to
make the information either partly or fully or fails to respond or
respond in an unsatisfactory manner, the applicant for information
may file an appeal before the officer higher in status over the Public
Information Officer. This appeal before the higher officer is called the
First Appeal.
Second Appeal is the third stage. The authority to entertain the
Second appeal is the Central/State Information Commission. The
powers of Information Commission are very extensive. If the appeal
is allowed the Commission may direct the Information Officer to
furnish the information in the manner asked for. If the Commission
finds the Information Officer to be at fault, the Commission may levy
on him heavy penalties and may also direct initiation of disciplinary
proceedings against him to the original Appointing Authority. The
mechanism thus created for making the information available to the
citizen is four-tired commencing from Assistant Public Information
Officer, above him, the Public Information Officer, then Senior
Officer who is the Appellate Officer and finally the Information
Commission that is the Second Appellate Authority. In addition to
making the application for information, the Citizen has another right
to file a complaint to the Central/State Information Commission direct
if the services being provided under the above chain of officers are
found to be wanting in any respect. The Commission while disposing
of the complaint may in addition to granting the reliefs as applied for,
may further issue General Orders for rectifying the deficiencies in the
system complained against by the citizens. While that much is the
procedure to be followed by the citizens in obtaining the information
from public authorities, the Central/State Commissions, which are
independent statutory bodies, have overall control over the whole
system. The Commissions have power to supervise the work of
Information Officers and call from them the reports. The Commission
will prepare an Annual Statement of the work done, the number of
applications for information received and the method of their
disposal. The Commission while submitting its own report containing
the above particulars to the Government may also include the action
taken by the Commissions against erring officers.
The Act is complete code in itself as it is having penalty clause.
Section 20 of the Act authorized the Central/States Information
Commission to impose penalty of Rs.250 up to Rs.25,000, on erring
officials, by giving an opportunity to them. More so the commissions
are also authorized to recommend for disciplinary action against the
erring public authorities as well as for non-complying the provisions
of the Act, under the service rules applicable to them.
However, Central Intelligence and Security agencies specified in the
Second Schedule like IB, RAW, Directorate of Revenue Intelligence,
Central Economic Intelligence Bureau, Directorate of Enforcement,
Narcotics Control Bureau, Aviation Research Centre, Special Frontier
Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service
Bureau, Special Branch (CID), Andaman and Nicobar, The Crime
Branch-CID-CB, Dadra and Nagar Haveli and Special Branch,
Lakshadweep Police are excluded from disclosures. Agencies
specified by the State Governments through a Notification will also
be excluded. The exclusion, however, is not absolute and these
organizations have an obligation to provide information pertaining to
allegations of corruption and human rights violations. Further,
information relating to allegations of human rights violation could be
given but only with the approval of the Central or State Information
Commission.
Another anomaly that is noticeable is the omission in the statute that
the rule making power of the Competent Authority may be subject to
the approval or ratification by the Government. Here the power to
make rules is vested in the Supreme Court, High Court, Speaker or
Chairman of the Parliament/Legislatures. While the rules made by the
Government are subject to the rule of laying them on the Table of
Legislature, the rules made by the Competent Authority are not
required under this Act to be laid before the legislature nor are they
made subject to the supervisory control of the Central or State
Governments or the legislature. It is possible that the rules made by
Competent Authorities may sometimes conflict with those of others
made by the Central or State Governments. Hence it is suggested that
the rules that may be made by the Competent Authority shall be
subject to either prior permission or subsequent ratification by the
concerned Governments.
Another feature of this Act is that judicial intervention is prohibited
i.e. the Court has no power to entertain any suit or application or other
proceedings in respect of any order made under this Act. The Act
provides for rule making power to both Central and State
Governments and such rules that were framed shall be laid before
parliament in case of Central Govt. and State Legislature in case of
State Govt.

Objective of right to information act:


1. To promote transparency and accountability in working of every of
public authority
2. To preserve confidentiality of sensitive information
3. To contain corruption and to hold government and public
authorities accountable to public
LITERATURE REVIEW
ARTICLE 1:
.
Right to Information Act 2005 (Used or Misused)

THE PASSAGE of the Indian Right to Information Act 2005 replacing Freedom of
Information Act, 2002, is a landmark piece of legislation that could change the
relationship of the citizen with the state. It is one of the best-drafted RTI laws in
the world. (There are 55 countries that have comprehensive laws to protect the
citizens’ right to information.). The right to access information and dissemination
of such information will equip citizens to fight corruption, inefficiency, and the
arbitrary use of power in a democratic scenario.

Aim of RTI

It provides 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.

Benefits

The passing of the Right to Information Act has been welcomed from all quarters
of the society as it is a significant step towards establishing a regime that
guarantees citizens’ right to know. Provisions of the Act that assign specific time
limit for providing the information sought and serious penalties for non-
compliance would go a long way in increasing transparency and accountability in
the government departments.

RTI – an instrument to "settle scores" and “blackmailing”.

Just around two years after the act has come into effect; i feel that many for
serving vested interests are misusing the act.

BY:VINOD KURAOKOSE ARTICLES.COM

ARTICLE 2:
THE RIGHT TO INFORMATION ACT, 2005
MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st June, 2005/Jyaistha 31, 1927 (Saka)


The following Act of Parliament received the assent of the President
on the 15th June, 2005, and is hereby published for general
information:—

THE RIGHT TO INFORMATION ACT, 2005


No. 22 of 2005

[15th June, 2005.]

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.

WHEREAS the Constitution of India has established democratic


Republic;

AND WHEREAS democracy requires an informed citizenry and


transparency of information which are vital to its functioning and
also to contain corruption and to hold Governments and their
instrumentalities accountable to the governed;

AND WHEREAS revelation of information in actual practice is likely


to conflict with other public interests including efficient operations of
the Governments, optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive information;

AND WHEREAS it is necessary to harmonise these conflicting


interests while preserving the paramountcy of the democratic ideal
DEMOCRACY
ARTICLE 3:

Shailesh Gandhi

The Right to Information Act comes into force all over the
country on October 12. Citizens should make use of it to
ensure transparency and good governance triumph.

A SIMPLE yet very powerful example of the use of the Right to


Information (RTI) is of a slum dweller who applied for a new
ration card. He was told he would have to give a bribe of
Rs.2000 to obtain it. Our friend — an RTI-empowered citizen —
smiled, and just went ahead and applied for the ration card
without offering any bribes. His neighbours warned him he
would never get his ration card. They also told him how he
would now have to keep visiting the rationing office. Some well
meaning friends praised him for being courageous. They
suggested he should approach some non-governmental
organisation to take up his case, so that ultimately he would
get his ration card.

Our citizen had decided to become an enforcer of good


governance. He found out in how many weeks everyone who
paid bribes got their ration cards. He waited for an extra four
weeks after applying for his card, and then applied for
information under the RTI. Using the simple format with an
application fee of Rs.10, he delivered it to the Public
Information Officer of the Food and Supply office. He had asked
up to which date applications for ration cards had been cleared
and the daily progress report of his application. This shook up
the officials, since they would have to acknowledge in writing
that they had given ration cards to others who had applied
after him, which would be conclusive evidence that they had no
justification for delaying his card. Happy ending: the ration
card was given to him immediately.

No bribes, no endless visits. Our citizen was able to use the


might of the Right to Information. This story has been repeated
a thousand times to get a road repaired, an electricity
connection, admissions to educational institutions.

The Right to Information is derived from our fundamental right


of expression under Article 19. If we do not have information
on how our Government and public institutions function, we
cannot express any informed opinion on it. This has been
accepted by various Supreme Court judgments, since 1977. All
of us accept that the freedom of the press is an essential
element for a democracy to function. It is worthwhile to
understand the underlying assumption in this well entrenched
belief.

Why is the freedom of the media considered one of the


essential features of a democracy? Democracy revolves round
the basic idea of citizens being at the centre of governance —
rule of the people. We need to define the importance of the
concept of freedom of the press from this fundamental
premise. It is obvious that the main reason for a free press is
to ensure that citizens are informed. If this is one of the main
reasons for the primacy given to the freedom of the press, it
clearly flows from this that the citizens' right to know is
paramount. Also, since the government is run on behalf of the
people, they are the owners who have a right to be informed
directly.

ARTICLE4:

Right to Information Act, 2005

Right to information is more or less a universal concept. The concept of Right to


know and right to Information, and right to make a demand for certain documents
with the public authorities had been dealt with, and have been appraised. The idea
that governments withhold information for the public’s benefit has become
outdated. During the last decade, many countries have enacted legislations on
freedom of information, giving their citizens access to governmental information,
and thus, opening way to true democracy.

In India, the Official Secrets Act 1923 was enacted to protect the official secrets.
The new information law intend to disclose information, replacing the ‘culture of
secrecy’ in administration. It will promote public accountability which is a part of
governance. Where the accountability is exposed, the malpractice,
mismanagement, abuse of discretion, bribery etc are trimmed down.

The right to Know flows directly from the guarantee of free speech and expression
in Art 19(1)a of the Constitution of India. Yet, it requires fair and efficient
procedures to make the freedom of information work.

The first and most well known right to information movement in India was by the
Mazdoor Kisan Shakti Sangathan(MKSS) in Rajasthan during the early 1990’s.
MKSS’s struggle for the access to village accounts and transparency in
administration is widely credited and sparked off the right to information
movement in India.
The Right to Information Act, 2005 provides the procedure by which the public
can make requests for information held by the public authorities. It also provides
for the set up of Information Commissions to deal with complaints and appeals
arising in the information system. The Act provides for the openness of the
governmental activities and to publish regular information. The Act also provides
minimal exceptions to the right to information where national security, public
order, privacy etc are concerne.

BY:MJ KUDAVI

ARTICLE 5:
India: Right to Information Act, 2005

 prakashjm45
o
Posted By: Sun Dec 4, 2005 8:33 am |
o
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o
According to an article in the Hindustan Times,
Bombay, Nov. 3, the Indian navy has objected to being
included under the RIA and has asked for exemption.
The article states that the Army and Air Force are
also subject.

This article opens vistas to new ideas.

We can use the Indian RIA to gain information from the


Government of Maharashtra, successor to the Presidency
of Bombay and Bombay State which surrounded Goa on
three sides (Ratnagiri, Belgaum, North Canara) and
also Dadra & Nagar-Aveli, Damao and Dio.

At least, we can try.

Another interesting fact is the report of the Pandit


Sunderlal Commission set up by Nehru to investigate
the crimes of the Indian forces while invading and
subjugating the State of Hyderabad. According to
William Dalrymple, thousands of Muslim women were
systematically raped for over a week, and between
2,00,000 to 3,00,000 people were murdered by the
Indians
(http://www.travelintelligence.com/wsd/articles/art_832.html).

ARTICLE 6:
Right to Information Act needs to be used more effectively in
State: Misra.
Article from: The Hindu (English) | October 11, 2009 | Copyright
Byline: Staff Reporter
BANGALORE: Despite years of struggle for a law like the Right to
Information Act (RTI) 2005, activists and public officials agree that its
implementation, especially in the State, has been disappointing.
The s uo motu disclosure under Section 4 (1) (b) of the RTI Act, which
was supposed to have been implemented in 120 days of the Act coming
into being, has not taken place even after four years, members of
various civic and organisations pointed out at a review 'RTI: where do
we stand?' here on Saturday.
Among the civic agencies in the city, the Bruhat Bangalore Mahanagara
Palike (BBMP) has furnished the most details on its ..

ARTICLE 7:
Lacunae in the Right to Information Act, 2005

† “A rights-based enactment is akin to a welfare measure. [It] should receive a


liberal interpretation.[1]”
The Right to Information Act boosts transparency and eliminates exceptions
provided under the Freedom to Information Act, 2000 and the Official Secrets
Act, 1923 which take away accountability.Since its enactment in 2005, the RTI
Act has played a significant role in increasing transparency in government
offices.

It requires government officials to furnish information requested by citizens


and provides for computation of services[2]. It gives people the power
to exercise far greater control over corrupt and arbitrary power and thereby to
enforce transparency and accountability[3]. Indeed, the most effective check
on corruption would be where the citizen has the right to take the initiative to
inquire about the activities of the state. In a recent case the Under- Secretary
of the Finance Ministry Jagbir Sigh Phaugat said while deeming a settlement
between the Central Bank of India and a whistleblower, Abhijit Ghosh, illegal
that “The agreement debars Ghosh from his constitutional rights of freedom
of press and no one can debar A person form invoking the provisions of the
RTI Act.”

ARTICLE 8:
Sonia on activists' side, puts RTI changes on hold
TNN Mar 6, 2010, 03.17am IST

NEW DELHI: Plans to amend the Right to Information Act


have been put on ice, with the Congress leadership taking up
with the government the complaint of activists that the
proposed changes would lead to dilution of the information law.

Senior sources said the amendments will have to wait till the
time government has dispelled fears of rights activists of the
law being weakened.
ARTICLE 9:
SC refuses to give details of Dinakaran case under
RTI
TNN Mar 3, 2010, 02.09am IST

NEW DELHI: The Supreme Court has refused to disclose


details regarding the decision on elevating Karnataka High
Court Chief Justice P D Dinakaran to the apex court, which has
since been stalled following allegations of land grab against
him.

"I write to inform you that the information sought by you is


confidential and is exempted under section 8(1)(e) of the Right
to Information Act, 2005. You have no right to access the said
information under section 2(j) of the Right to Information Act,
2005," additional registrar Raj Pal Arora said in reply to an RTI
application seeking details and file notings of the decision to
elevate Dinakaran to the SC.

ARTICLE 10:THE TIMES OF INDIA


15 Oct 2011,19:47 IST
The national campaign for people's right to information (NCPRI) has
condemned the statement of PM Manmohan Singh that RTI was causing
inefficient functioning of bureaucrats. "We reject the suggestion that
transparency makes bureaucrats inefficient. The government has always been
inefficient. Papers accessed by us through RTI has proved this", said noted
activist Aruna Roy
10 Dec 2010,18:21 IST
The Department of Personnel & Training (DoPT), Government of India, has
invited proposals from professionals from the field of journalism, civil society
and research and training in the field of Right to Information (RTI) for grant
of five short-term fellowships.
19 Dec 2012,22:07 IST
Stating that the state government was sensitive to the needs of the
poor,fisheries minister, Avertano Furtado said that the Forest Rights Act
would be implemented in Goa by January 26, 2013.
22 Jul 2012,22:55 IST
The special gram sabhas held on Sunday under the forest rights Acr, while
inviting claims from the tribals - over ownership of land as well as community
rights - under the Act, have authorized the forest rights committees to accept
those claims. All claims are required to be submitted to the FRCs within three
months.
22 Jul 2012,22:53 IST
While FRCs were constituted in many panchayats of these talukas on Sunday,
the rest of the panchayats will do so at the gram sabhas to be held in the
coming days. The FRCs, as per the Act, should consist of 10 to 15 members, 1/3
rd of which should be from scheduled tribes and 1/3 rd women.
22 Jul 2012,22:52 IST
The process of implementing the Forest Rights Act by the state government
gathered steam on Sunday, as several village panchayats in the tribal-
dominated talukas of Sanguem, Quepem, Canacona and Dharbondara areas,
held special gram sabhas to elect forest rights committees (FRC) as required
under the Act.
21 Jul 2011,20:06 IST
Amravati: Hundreds of tribal farmers of Melghat, alleging injustice by the
administration and demanded that the Forest Rights Act be implemented in
Melghat region at the earliest. To make their voice heard, the tribal farmers
staged a demonstration in front of President Pratibha Patil's house in
Amravati.
15 Feb 2011,20:15 IST
Haryana Police has registered a case under Copy Right Act and section 420 of
the Indian Penal Code against two partners namely Bhagat Singh Mor and
Surender Kumar of Shiv Cable Network based at Vikas Nagar, Gohana and
recovered from their possession a large quantity of material used in cable
operation.
26 Mar 2013,21:30 IST
Irked by the state government's inability to take action on its
recommendation to shift a wine shop in the state capital, Madhya Pradesh
Human Rights Commission (MPHRC) has decided to file a petition in Madhya
Pradesh high court. The MPHRC had recommended shifting of wine shops
located in residential areas.
24 Mar 2013,21:17 IST
Madhya Pradesh Human Rights Commission (MPHRC) has recommended
that money spent on food provided to indoor patients in government hospitals
be raised. Currently, there is a provision of Rs 30 per patient per day, which
the commission has asked the government to raise to Rs 75.
20 Mar 2013,15:41 IST
Justice (retd) V K Jain, chairman of the Haryana Human Rights Commission
has stressed upon the need to sensitize cops towards Human Rights. Jain is
chairing the state level meeting of Human Rights in Chandigarh.
09 Mar 2013,19:02 IST
SDM Law College and Centre for Postgraduate Studies and Research in Law
has organised public debate on Right to Education act - 2009 at its premises in
Mangalore on March 12 at 10.30am.
18 Feb 2013,19:16 IST
Dr MV Shetty College of Social Work in association with National Human
Rights Commission has organised a seminar on "Youth for Human Rights
Advocacy" at its premises in Mangalore on February 19. Ashok G
Nijagannavar, principal district and session judge, Mangalore will inaugurate
the seminar.
08 Feb 2013,22:32 IST
Madhya Pradesh human rights commission (MPHRC) on Friday
recommended the state government to register FIRs against the engineers who
are issuing quality certificates to road contractors not complying with the
quality guidelines.
08 Feb 2013,15:30 IST
City Union Bank has completed its rights issue totaling Rs 258 crore.
&ldquoThe issue of shares is over and we have received half of the
amount,&rdquo N Kamakodi, chief executive officer, City Union Bank said.

ARTICLE 11: THE TIMES OF INDIA

4 cops provided security to Ram Kadam, 2 still guard Salvi TOI 28 Mar
2013, 02:09 IST
...in the city guard over 100 MPs, MLAs other politicians and their families,
according to details obtained under the Right To Information Act Overall,
around 316 cops provide cover to around 175 people including businessmen,
film personalities and builders....
Cops high on spending, poor on security TOI 26 Mar 2013, 07:00 IST
...department furnished details of Government Orders (GO), which were
marked confidential, under the Right to Information (RTI) Act recently. The
GOs reveal details of the money spent on training and procuring arms and
ammunition and also sophisticated equipment....
Police manual is not confidential, rules info chief TOI 26 Mar 2013, 04:52
IST
...police manual is confidential or otherwise. In a landmark order on Monday,
Gaikwad held that within the meaning of the Right to Information Act, the
police manual is not a confidential document and a copy of it should be
provided to applicant P K Tiwari. "The...
Murder of RTI activist in Bihar re-ignites calls for whisteblower
protection act TOI 25 Mar 2013, 17:28 IST
...The murder of yet another Right to Information (RTI) activist, this time in
Bihar, has re-ignited the calls for a national legislation to protect the rights of
whistleblowers. Ram Thakur (48), a member of the Bihar NREGA Watch (to
monitor the working of the...
Nobody's children: Report slams the state of juvenile justice in
conflict zones TOI 24 Mar 2013, 09:08 IST
...and be produced before the JJB, which invariably delays justice. In Assam,
replies received from JJBs under the Right to Information Act showed that not
a single review of the pendency of cases before the JJBs has been conducted by
the Chief Metropolitan Magistrate..
ARTICLE 12:
Saving the right to information miracle
VIDYA SUBRAHMANIAM

The HinduIn
this Nov. 14, 2009 photo, Magsaysay Award winner and Right To
Information activist, Aruna Roy and CPI leader D. Raja, along with others,
stage a protest against amendments to the RTI Act in New Delhi. File Photo:
Sushil Kumar Verma

The RTI juggernaut has begun to roll over Indian babudom. Let us
not turn the clock back.

Over the past week, there have been reports that the Prime
Minister's Office, responding to Sonia Gandhi's muscular
intervention, is backing off on the dreaded amendments to the
Right to Information Act, 2005.
On the other hand, it is worth remembering that the amendments
scare has never been too far away. It resurfaced as recently as April
30, 2010 — this time in the benign form of a friendly letter to an
RTI applicant. The letter, from the Department of Personnel and
Training (DoPT), was in response to his application seeking details
of the amendments under consideration, and it confirmed that far-
reaching changes were in fact under way.

And yet, whatever the outcome of this see-sawing confrontation


between the government and the growing band of RTI stakeholders
— activists, Information Commissioners, ordinary citizens — one
thing is clear. Almost against its will, official India

ARTICLE 13:

TOI 15 Oct 2011,19:47


The national campaign for people's right to information (NCPRI)
has condemned the statement of PM Manmohan Singh that RTI
was causing inefficient functioning of bureaucrats. "We reject the
suggestion that transparency makes bureaucrats inefficient. The
government has always been inefficient. Papers accessed by us
through RTI has proved this", said noted activist Aruna Roy
TOI 10 Dec 2010,18:21
The Department of Personnel & Training (DoPT), Government of
India, has invited proposals from professionals from the field of
journalism, civil society and research and training in the field of
Right to Information (RTI) for grant of five short-term fellowships.
TOI 19 Dec 2012,22:07
Stating that the state government was sensitive to the needs of the
poor,fisheries minister, Avertano Furtado said that the Forest
Rights Act would be implemented in Goa by January 26, 2013.
Neermarga GP secretary fined for RTI lapse TOI 2 hrs
ago
...panchayat in Mangalore taluk has been slapped with a fine of Rs
2,500 for failing to furnish information under the Right to
Information Act to an applicant, who sought the certified copy of an
internal audit report pertaining to the village. Applicant Prakash...
4 cops provided security to Ram Kadam, 2 still
guard Salvi TOI 2013-03-28 02:09:00
...in the city guard over 100 MPs, MLAs other politicians and their
families, according to details obtained under the Right To
Information Act Overall, around 316 cops provide cover to around
175 people including businessmen, film personalities and builders....
Cops high on spending, poor on security TOI 2013-03-
26 07:00:00
...department furnished details of Government Orders (GO), which
were marked confidential, under the Right to Information (RTI) Act
recently. The GOs reveal details of the money spent on training and
procuring arms and ammunition and also sophisticated
equipment....
Police manual is not confidential, rules info
chief TOI 2013-03-26 04:52:00
...police manual is confidential or otherwise. In a landmark order on
Monday, Gaikwad held that within the meaning of the Right to
Information Act, the police manual is not a confidential document
and a copy of it should be provided to applicant P K Tiwari. "The...
Murder of RTI activist in Bihar re-ignites calls for
whisteblower protection act TOI 2013-03-25 17:28:00
...The murder of yet another Right to Information (RTI) activist,
this time in Bihar, has re-ignited the calls for a national legislation
to protect the rights of whistleblowers. Ram Thakur (48), a member
of the Bihar NREGA Watch (to monitor the working of the.

ARTICLE 14:

Unfortunate Suggestion by J & K CIC


GR Sufi to weaken RTI Act
Misuse of RTI act can be checked: J&K CIC

10th/March/2013, Zee News

Aurangabad: Chief Information Commissioner of Jammu and


Kashmir GR Sufi on Sunday said that the misuse of RTI act can
be checked if a provision is made in the law that any
information or record would be open for access to public only
for three years.

GR Sufi, Chief Information Commissioner, J & K

Sufi was speaking at a meeting at Dr Rafiq Zakaria Campus


here today.

He said that the way out could be if information under RTI is


allowed to be accessed only for three years to public and later
only if there is judiciary requirement or any such important
reason.

http://zeenews.india.com/news/jammu-and-kashmir/misuse-of-
rti-act-can-be-checked-jandk-cic_834245.html

ARTICLE 15:
SUNDAY, AUGUST 09, 2009

Lacuna in the Right to Information Act


Since its enactment in 2005, the Right to Information
Act has been lauded as a significant measure for the
achievement of a more accountable and transparent
government and bureaucracy. In a guest post on this
blog recently, Yamini Aiyar has discussed the
infrastructural weaknesses and the mindset problems
which threaten the future of the RTI.

My own experience with using the RTI Act for


obtaining information has revealed a curious lacuna in
the law that to my knowledge has not been the subject
of discussion in the news media before. Section 6(1) of
the Act provides that any person who desires certain
information may make a request in writing to the
Central Public Information Officer (CPIO) or the State
Public Information Officer (SPIO) of the concerned
public authority. If the public information officer (PIO)
fails to provide the information within a period of
thirty days, then he is deemed to have refused to
provide the information. According to section 19(1) of
the Act, if the person requesting the information either
does not receive the PIO’s decision within the
stipulated time period of 30 days or is aggrieved by the
PIO’s decision, he can prefer an appeal (first appeal) to
an officer who is senior in rank to the PIO in the
concerned public authority. Section 19(6) stipulates
that such a first appeal must be disposed off within a
period of thirty (30) days of receipt of the appeal or
within an extended period not greater than forty five
(45) days of filing of the appeal. Section 19(3) provides
that a second appeal may be preferred against the
decision rendered under section 19(6) before the
Central Information Commission (CIC) or the State
Information Commission. However, unlike the first
appeal, there is no stipulated time frame for decision
by the CIC or the SIC of a second appeal .
QUESTIONNARE
Personal information:
Name:
Contact no:
Address:
Qualification:
Profession:
Age:
1. Below 18
2. 18-30
3. 30-45
4. 45-60
5. more than 60
Awareness and belief:
Q1.Have you ever heard of right to information act (RTI) ?
1. Yes 2.No
Q2.Please select which of the following policies/acts/legislations of
the government have you heard of
1.right to ask for information provided about anyorganisation
operating within the boundary of india
2.right to ask for information related to government bodies and public
sector enterprises
3.right to ask for information about the private sector
4.right to ask for information related to tv,newspaper,internet,radio
etc.
5.any other (please specify)
Q3.Please tell from where did you come to know about the RTI ?
1.television programmes/radio broadcasts
2.newspaper /printy/magazines
3.internet/website
4.word of mouth(friends ,relatives etc.
5.any other (please specify)
Q4.Are you aware of the issues or areas one can use the RTI for
oneself?
1.Yes 2.No
Q5.Which of these issues or areas have you?would like to use the RTI
act for?
1.education related information(school colleges marksheets,scrutiny
related information)
2.quasi judicial information(municipal bodies,civic
departments,pamnchayats etc..)
3.government
ministries/departments(fule,electricity,telephone,water,sales tax
,income tax)
4.business needs(licenses ,bank dealings)
Q6.How many applicants have you been in touch till date?
1. 1-5
2. 6-10
3. 11-15
4. 16-20
5. More than 20
Q7.Do you have any apprehensions in using this act?
1.i need more knowledge about the act
2.it rquires a lot of hassles and is long process
3.i will come into trouble asking government bodies
4.it would require a lot of visits to the concerned office for getting
desired information
Q8.You know you can file RTI application online?
1.Yes 2.No
Q9.You are aware to whom the application should address to and
where you have to submit ?
1. Yes 2. No
Q10.You are aware that you can file a first appeal within 30 days
from the day recovering the information,if the information provided
to you is incomplete or no information provoded at all ?
1.Yes 2.No
Q11.You are aware that you can file an appeal within 90 days from
the day of receveing the information afer filling the first appeal to the
concerned authorities,if the information provided to you is
incomplete?
1.Yes 2.No
Q12.What suggestions do you have to enable so that citizens make
use of it?
1.there should be a facilitation center explaining the details of the
process for filing an RTI application
2.there should a user guide present in every department where RTI
applications are filed
3.advertisements in prominent newspapers/televisions
4.prominent display in all government offices spreading awareness
about RTI
5.any other(please specify)
ANY OTHER EXPERIENCE YOU WOULD LIKE TO SHARE
REGARDING YOUR KNOWLEDGE ABOUT RTI:
ANALYSIS AND FINDINGS

SAMPLE SIZE : 50
SAMLING METHOD : RANDOM SAMPLING
Q1.Have you ever heard of right to information act (RTI) ?

YES
NO

All the people who were given the questionnaire had


an idea about the RTI.
Q2.Please select which of the following policies/acts/legislations of
the government have you heard of
1.right to ask for information provided about anyorganisation
operating within the boundary of india
2.right to ask for information related to government bodies and public
sector enterprises
3.right to ask for information about the private sector
4.right to ask for information related to tv,newspaper,internet,radio
etc.

OPTION 1
OPTION 2
OPTION 3
OPTION 4
OPTION 5
Q3.Please tell from where did you come to know about the RTI ?
1.television programmes/radio broadcasts
2.newspaper /printy/magazines
3.internet/website
4.word of mouth(friends ,relatives etc.
5.any other (please specify)

OPTION 1
OPTION 2
OPTION 3
OPTION4
OPTION5
Q4.Are you aware of the issues or areas one can use the RTI for
oneself?

YES
NO
Q5.Which of these issues or areas have you?would like to use the RTI
act for?
1.education related information(school colleges marksheets,scrutiny
related information)
2.quasi judicial information(municipal bodies,civic
departments,pamnchayats etc..)
3.government
ministries/departments(fule,electricity,telephone,water,sales tax
,income tax)
4.business needs(licenses ,bank dealings)

OPTION 1
OPTION 2
OPTION 3
OPTION 4
Q6.How many applicants have you been in touch till date?
1. 1-5
2. 6-10
3. 11-15
4. 16-20
5. More than 20

OPTION 1
OPTION 2
OPTION 3
OPTION 4
OPTION 5
Q7.Do you have any apprehensions in using this act?
1.I need more knowledge about the act
2.It rquires a lot of hassles and is long process
3.I will come into trouble asking government bodies
4.It would require a lot of visits to the concerned office for getting
desired information

OPTION 1
OPTION 2
OPTION 3
OPTON 4
Q8.You know you can file RTI application online?

YES
NO
Q9.You are aware to whom the application should address to and
where you have to submit ?

YES
NO
Q10.You are aware that you can file a first appeal within 30 days
from the day recovering the information,if the information provided
to you is incomplete or no information provoded at all ?

YES
NO
Q11.You are aware that you can file an appeal within 90 days from
the day of receveing the information afer filling the first appeal to the
concerned authorities,if the information provided to you is
incomplete?

YES
NO
Q12.What suggestions do you have to enable so that citizens make
use of it?
1.there should be a facilitation center explaining the details of the
process for filing an RTI application

2.there should a user guide present in every department where RTI


applications are filed
3.advertisements in prominent newspapers/televisions
4.prominent display in all government offices spreading awareness
about RTI
5.any other(please specify)

OPTION 1
OPTION 2
OPTION 3
OPTION 4
OPTION 5
CONCLUSION

This Act is designed to facilitate and further its end i.e.,


empowerment of public to know what is going on under the guise of
administration and should not be treated as an enactment providing
penalties and punishments. Without any hesitation it can be said that
this Act should be the voice of so called voiceless in our society.
Lastly, remind everybody that one should not be crazy about rights
only and one should also be mindful about ones duties. Rights and
duties are the two sides of a coin.
In recent years, there has been an almost unstoppable global trend
towards recognition of the right to information by countries,
intergovernmental organizations, civil society and the people. The
right to information has been recognized as a fundamental human
right, which upholds the inherent dignity of all human beings.
Moreover, the Right to Information Act is for the smooth functioning
of the government by maintaining transparency between the
government working and the public who are the beneficiaries. In
nutshell it can be said that this piece of legislation is unique in many
aspects. It entitled the citizen to know the details of governance
subject to certain limitations. It will further reduce the gap between
the rulers and ruled.
BIBLIOGRAPHY
1 .http://www.google.co.in/#hl=en&sclient=psy-
ab&q=right+to+information+act+lovely+professional+university&oq
=right+to+information+act+lovely+professional+university&gs_l=hp.
3..33i21.7173.21017.0.21355.55.40.0.6.6.3.1264.25259.4-3j14j14j
2. http://csmrs.nic.in/RTIACT.pdf
3. http://www.csi-sigegov.org/1/31_327.pdf
4.timesofindia e-newspaper
5. hindustantimes e-newspaper
6. Wikipedia/RTI
7. Right to information act – 2005, Delhi Law Times
8. http://www.rbi.org.in/scripts/righttoinfoact.aspx
9http://www.1888articles.com/right-to-information-act-2005-used-or-
misused-0mz9028qd6.html
10.http://www.passportindia.gov.in/AppOnlineProject/pdf/RTI.pdf
11http://www.caluniv.ac.in/Global%20mdia%20journal/WINTER%2
02010%20ARTICLES/Article%204.pdf
12. http://righttoinformation.gov.in/rti-act.pdf
13.http://www.hindu.com/2005/10/07/stories/2005100703631000.htm
14. http://colonelashok.blogspot.in/2010/09/right-to-information-act-
2005.html
15.http://www.hindu.com/2006/08/24/stories/2006082403461000.htm
16. http://articles.timesofindia.indiatimes.com/2010-03-
06/india/28126691_1_amendments-ncpri-information-act
17. http://articles.timesofindia.indiatimes.com/2010-03-
03/india/28144466_1_dinakaran-information-act-rti-act
18. http://timesofindia.indiatimes.com/topic/right-to-information-act
19. http://business.highbeam.com/437657/article-1G1-
209462837/right-information-act-needs-used-more-effectively-state
20. http://groups.yahoo.com/group/goancenter/message/896
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