Professional Documents
Culture Documents
net/publication/343263689
CITATIONS READS
0 4,640
1 author:
Rajat Bafna
Swaraj University
1 PUBLICATION 0 CITATIONS
SEE PROFILE
All content following this page was uploaded by Rajat Bafna on 30 July 2020.
RESEARCH ARTICLE
ABSTRACT:
The study seeks to give the perspective of Right To Information (RTI Act 2005) from the lens of Central Public
Information Officer (CPIO). Right to Information act is a fundamental human right of each individual. The
famous French philosopher Michel Foucault once pronounced, power is derived from knowledge and
information is the basic component of knowledge. Information makes men wise and it is competent enough to
cope up with the modern world. In this way, it is the obligation of government to illuminate subjects about
everyday happening whatever inside the government. The change from administration to great administration is
conceivable, if there is probability of expanding participation of individuals in administration and free access of
Information. By figuring it out this reality, Indian Parliament has passed Right to Information act, 2005 to make
government, responsible, capable, effective and straightforward. This paper tries to feature the essential rules of
RTI act, the connection between Right to Information Act 2005 and good governance and the issues relating to
RTI act. In closing part, the paper gives some suggestions for fruitful working of RTI act.
KEY WORDS: RTI Act 2005. Central Public Information Officer, Fundamental Right, Parliament, Right to
Information and Administration.
strengthen the system by resolving the problems not only New delivery channel to commence and be useful to
faced by the applicants but also addressing the problems masses, it is worthwhile to examine various components
faced by the various public authorities Central Public of its interface with payment systems, technology,
Information Officer (CPIO)/ Assistant Public security, regulatory aspects and functionality (Anil
Information Officer (APIO). Kumar Pathlavath, 2013).
To get the first-hand knowledge of how RTI works in the Rule 11 of The Central Civil Services (Conduct) Rules,
various department & what all are the problems CPIO 1964: No Employee of the Secretariat might, aside from
face, the researcher took interest and visited Central as per any broad or unique request of the Secretariat or
Information commission, New Delhi & Rajya Mahiti in the execution in accordance with some basic honesty
Aayog (Karnataka state information commission) under of the obligations appointed to him/her, convey,
the RTI cell of Department Of Legal Affairs and analyse straightforwardly or in a roundabout way, any official
the Problems faced by the CPIO with respect to record or any part thereof or data to any Employee of the
section/APIO and come up with the suitable suggestions Secretariat or some other individual to whom he/she isn't
and land mark decisions passed by CIC. Dialogue approved to impart such archive or data.
process of various stakeholders in the process makes
more evident (Pathlavath, 2018). Rule 9 of The All India Services (Conduct) Rules, 1968:
No individual from the Service should aside from as per
OBJECTIVE OF THE STUDY: any broad or uncommon request of the Government or in
The researcher aims to understand how lack of the execution in compliance with common decency of
awareness about RTI Act among citizens is causing obligations relegated to him, convey straightforwardly or
mental harassment to the CPIO/APIO and how lack of by implication any official archive or part thereof or data
amendments in act is been used as weapon to give to any Government worker or some other individual to
torture to the government officials. whom he isn't approved to impart such record or data.
to Information as without information the freedom of 2001: NCT Delhi get together passed a law on Right to
speech and expression cannot be fully used by the Information.
citizens.
2002: Report of Select Committee in mid 2002.
1990: Heading the National Front government, Prime
Minister V.P Singh, first legislator to lay accentuation on 2002: In September, Maharashtra Government passed
RTI, worried on the significance of Right to Information RTI Ordinance that overwrote the Maharashtra RTI Act,
as an administered right. He endeavoured to sanction 2000.
enactment in 1989-90. Be that as it may, because of the
political flimsiness at the time, the thought did not 2002: The Hon'ble Supreme Court of India, by its
emerge and V P Singh was expelled from office in 1990, request dated second May, 2002 in Civil Appeal No.
as his administration lost the certainty vote in Lok 7178 of 2001 (Union of India versus Relationship for
Sabha. Democratic changes and another) guided the Election
Commission to call for data on testimony by issuing vital
1994: MazdoorKisan Shakti Sanghatan (MKSS) began a request in exercise of its energy under Article 324 of the
grassroots battle for Right to Information – requesting Constitution of India from every hopeful looking for race
data concerning advancement works in provincial to Parliament or a state lawmaking body as a
Rajasthan. This development developed and the battle fundamental piece of his selection paper.
brought about the administration of Rajasthan instituting
a law on Right to Information in 2000. 2003: On 31st January MP Government passed MP RTI
Act.
1995: Draft Act was defined in a gathering of social
activists at the LBSNAA, Mussoorie, 1995. 2003: In August, Maharashtra Government changed over
its Ordinance into new RTI Act.
1996: National Campaign for People's Right to
Information (NCPRI), one among a few common society 2004:UPA Government came to control in 2004. The
gatherings, was established with the goal of getting National Advisory Council (NAC), otherwise called the
enactment on RTI passed. Because of the developing shadow government, was framed under Mrs. Sonia
interest for ideal to data, the Press Council of India under Gandhi. The fundamental target of the Council was to
direction of its Chairman Justice P B Sawant drafted a screen usage of government conspires and exhort
law which was later refreshed and changed at a government on strategy and law.
workshop and renamed "The Press Council– NIRD
Freedom of Information Act, 1997. 2004: NCPRI defined revisions to Freedom of
1997: Tamil Nadu turned into the main state in India to Information Act, 2002 and sent to the NAC. NAC
have passed a law on Right to Information. supported with minor changes and prescribed to the
Government (Prime Minister). There was hesitance
1997: The Madhya Pradesh Government issued official among government officials and civil servants in
requests to 36 divisions to actualize Right to Information embracing these progressions. There was an endeavour
which later expanded to in excess of 50 offices. made to re-tell the prior Freedom of Information Act;
This move confronted across the board dissents by
1997: Goa law making body established a law on Right subjects and common society.
to Information.
2004: Finally, on 23rd December 2004, UPA
1998: When the NDA came to control, Prime Minister Government tabled the RTI Bill 2004, pertinent just to
A. B. Vajpayee guaranteed the country that a Law on the Union Government. The common society was not
Right to Information should be ordered soon. content with this. A large portion of the data required by
the basic man was from state governments. The bill did
1999: Government controlled Ministers. not fill the need of the regular man. A few individuals
from the NAC too were miserable with this. After
1999: Union Urban Affairs Minister passed a regulatory overwhelming campaigning by NCPRI and different
request on straightforwardness in the Urban Affairs associations the Right to Information Act, 2005 was
Ministry. passed with 150 alterations. Bill is currently relevant to
States moreover.
2000: Freedom of Information Bill, 2000 was presented
in Parliament, and was alluded to a Select Committee of 2005: RTI Bill was passed in Lok Sabha on eleventh
Parliament. May 2005, and in Rajya Sabha on twelfth May 2005. It
57
International J. Advances in Social Sciences 7(3-4): July-December, 2019
got consent of President of India on fifteenth June 2005, The cases ignited the curiosity in the researcher as to
and was distributed in the Gazette of India on 21st June why the CPIO’S/APIO’S and the First appellate
2005. RTI Act, 2005 came into compel with impact from authority failed to furnish the information on time and
twelfth October 2005, and known as Right to that led to the second part of his research journey.
Information Act, 2005 (Act No. 22 of 2005). Above Through the contacts of commissioner, he got an
reviewed are some of most influential events that led to opportunity to visit the Ministry of Law and Justice,
the evolution of RTI Act 2005 in India. Shastri Bhavan, New Delhi and got an appointment to
interview the CPIO/APIO, the first Appellate Authority
METHODOLOGY: and also the government officials of various departments
Research methodology is a systematic process that in Shastri Bhavan. The visit to Shastri Bhavan helped
solves a problem and reaches to a precise solution as the him look at the other side of the RTI Act and how it has
formulation of problem is more important than the been used as a weapon by appellants to mentally harass
formulation of solution. Albert Einstein famously said the government officials, and this is an issue that the
that “If I had 20 days to solve a problem, I would take 19 researcher has analysed in detail. Efforts have been made
days to define it.” That’s how important formulation of a to explain the problems faced by particular sections of
problem is. the act. The field visit to the CIC and Shastri Bhavan,
New Delhi and the interactions with the government
The methodology adopted for this study is content officials helped him come up with the loopholes in the
analysis. A mixed method of both quantitative and act and the remedies to make the act free from loopholes
qualitative approach has been adopted and the one to one and make it more efficient.
indepth interview of Central Information Commisioner
Madbhushi Sridharacharyulu, Registar Babulaji, legal To overcome all the limitations to express their rights
assistants: Prasad sir, Mohendra , Srikanth, Richha, RTI and issues. The dialogue between the stakeholder gives
Activist Paras Jain, Subhaschandra Agarwal, K.G. Thang scope to share the problems and community people
CPIO, Lalitha.K Assiatant Public Information officer advised to rise on specific issues that concerned them
(APIO) of Department of Legal affairs, ministry of Law (Anil kumar Pathlavath, 2018).
and Justice, Government of India, L. Krishnamurthy
State Chief Information Commissioner Government of During his stay in Delhi, he also met a few RTI activist
Karnataka has been taken and has been analysed on the like Paras Jain of a blog called ‘Whistle for public
basis of each section of the RTI Act 2005 through the interest’ that is dedicatedly working on how RTI can be
CPIO’S perspective. Two prominent blogs and two used to expose the scams and bring transparency. He
social networking sites have also been analysed. The also met Subash Chandra Agarwal, an RTI activist who
reason why the researcher has adopted a mixed method suggested the researcher to refer and analyse the content
is that it has given him the realistic perspective of how on two blogs called RTIIndia blog and IndiaRTI blog to
RTI Functions at various government levels. The same get a theoretical knowledge about the functioning of
has been done by also by analysing the content of RTI RTI. Also, these activists have a great presence on social
Blogs and the online presence of RTI and the role played media and are addressing the query of appellants and are
in increasing awareness about RTI has also been helping them use the act more efficiently without mental
carefully looked at. harassment to public authority.
The researcher got an opportunity to go and study the Analysis and Discussion of the data
working of Central Information Commission under the Analysis of two prominent RTI Blogs from Web
guidance of central information commissioner journals: There are many websites that have discourses
Madbhushi Sridharacharyulu. He has witnessed the identified with RTI Act. For this exploration, two online
hearings for four days and got the first hand experience journals were taken for examination in light of the
from the commissioner about the history and functioning quantity of clients. The two most conspicuous sites
of RTI. He also got an opportunity to interview the legal rtiindia and Indiarti were picked as they had the greatest
assistants working at CIC, where he was introduced to number of guests. A concept is chosen for examination,
the real world of Right to Information. Later on, legal and the analysis involves quantifying and tallying its
assistants took him to the registrar and told him about the presence. The focus here is on looking at the occurrence
various appeals that come to the commissioner’s office. of selected terms like RTI Critic, RTI INDIA New
The researcher has also studied 100 cases pertaining to Features, RTI Success Story, My view point on RTI Act,
ministry of law and justice and these cases were RTI Application, RTI Replies, First Appeal, Second
considered to be landmark decisions passed by the Appeal, RTI Issues, Income Tax RTI Matter, Provident
commissioner. Fund, RTI Issue, Passport RTI Issue, Cooperative
Housing Society RTI Matter, Media and RTI, Central
58
International J. Advances in Social Sciences 7(3-4): July-December, 2019
Information Commission, State Information Commission Content taken for examination from the blog: The 30
etc. recent discussion are taken for analysis from the blog
RTIindia blog –This blog has classes in giving the data, Category of subjects in rtiindiablog. The blog has
and guests can read the data shared by the enrolled ordered the posts into following points
client. On the off chance that the guests need to share the • Media and RTI: RTI issues that are talked about in
data on RTI, they can likewise enlist and make account media
in this blog and offer data. The classifications in which • Provident store RTI issue: PF issues are examined and
the guest can get to data on the blog are My Experiences, there are questions raised by guests on the best way
landmark decisions of Central Information Commission, to utilize RTI for dealing with PF issue
RTI Critic, RTI INDIA New Features, This blog has a • RTI issue: The general RTI issues like filling RTI and
download called RTI toolbar, as other apparatus bar answer isn't acquired so the guest approaching how
which give simple access to joins, data. This toolbar to go for bid or the methodology to approach for
additionally set on the highest point of the website page court
give the client simple access on the blog and destinations • RTI application: guest raise inquiry on the most
identified with RTI. There is a committed connection proficient method to document RTI application
called ‘Media and RTI’ which covers issues in light of • Passport RTI issue: Passport issues are talked about
media and there are questions raised by guests on the best
way to utilize RTI for dealing with international ID
Indiartiblog –This blog contains data on the examples issue
of overcoming adversity, where the examples of • RTI faultfinder: Criticism on RTI
overcoming adversity clarify how the candidates utilized • RTI Act: The RTI Act itself is talked about for bringing
RTI for getting data and how they uncovered different issues to light
tricks. They additionally give data, for example, NGOs • Uncategorized: the various points talked about are
in RTI, RTI help lines, RTI Videos, Resources, Govt clubbed into this uncategorized gathering
sites, PIO and AA list, Rules, Text of the Act, IC sites,
Find volunteers in your general vicinity, Appeal rules, Table 2:
FAQs, Understanding RTI, RTI as an anticorruption Media and RTI 2 6.7
Provident fund RTI ISSUE 1 3.3
instrument, RTI examples of overcoming adversity. For Karira's experience 4 13.4
any guest they can make utilize this blog for RTI Issue 1 3.3
comprehension the RTI and encourages them to clear up RTI application 1 3.3
the inquiries they have. This blog likewise has chronicle Passport RTI Issue 2 6.7
of examples of overcoming adversity from Dec 2005 to RTI Critic 1 3.3
RTI Act 1 3.3
Feb 2012. Additionally this blog give the guest an office
Uncategorised 17 56.7
to buy in the post through the membership of the blog by (Category of topics in rtiindiablog.)
simply giving the email id of the guest the blog
proprietor is rtiindia, and the remarks are mostly given The class of the message posted is said in the blog.
by two RTI activists in particular Karira and Tarus. • Uncategorized means present that are connected on
RTI, a few presents related on customer mindfulness
and identified with instruction. This has the higher
Table 1:
level of 56.7 contrasted with different classes
Location Delhi Secunderabad Chennai
Total Posts 113 33505 2131 • Media and RTI and international ID RTI issue shares
Posts per day 0.07 17.37 1.24 just 6.7% each
Download of 1 42 10 • Experience from RTI, it can be either positive or
messages per day negative offers 13.4% of the posts
Upload of messages 39 70 0
per day
• Other classifications like provident store RTI issue,
Refferals 158 90 4 RTI issue, RTI application, RTI pundit, RTI Act
Helped in posting 6 80 5 shares 3.3% each
(Details of the frequent users of the rtiindia blog)
Category of points in indiartiblog: The blog has sorted
There are many individuals who visit the blog, rtiindia is the posts into following subjects Expose: This
blog proprietor, though Karira and Tarus are visit guests classification contains present that are connected on
and they are social activists who remark or answer to the presentation of tricks, or subsidizes remain unutilized by
questions posted by the blog guests. open experts Landmark choice: Decision made by the
State Information Commission (SIC) or Central
Information Commission on the interest made to them
59
International J. Advances in Social Sciences 7(3-4): July-December, 2019
60
International J. Advances in Social Sciences 7(3-4): July-December, 2019
Social change in Social Networking Sites (SNS) with on different features of the Right to Information Act
exceptional reference to Facebook and Twitter: in the school educational programs.
According to the exploration the social change in the VishweshwarRaste@VMRaste working of rti to data
SNS content is grouped into. in #india - #transparency in general society life/issues
• Awareness of RTI: Awareness that may help the guest is a MUST @PMOIndia sec 4 of the rti
to comprehend RTI and enable them in documenting demonstration says Right To Information Act has
RTI for looking for data them to require. From this revealed many scams. With more national activism,
the guest may get a plan to look for data through RTI thousands more will soon be uncovered.
and they can be a dependable national.
• Education identified with RTI: RTI utilized for CONCLUSION:
instruction reason. Acquiring a change the instructive We started this research paper identifying the problems
area will affect the future age for a social change. and the mental harassment faced by the government
• Information identified with RTI: Information on RTI officials due to the lack of awareness about RTI Act
cases that may help the guest to comprehend what is 2005 among the masses. The researcher has also taken
going on in the State Information Commission or efforts and analysed two prominent RTI blogs and their
Central Information Commission. This brings social presence on social media, the contribution of RTI on
change when individuals are given the possibility of social media is evolving as the digital infrastructure in
the interest methodology at SIC or CIC and the country is growing. Also, the digital activism by
furthermore they can likewise develop thought on karira is creating mass online awareness among the
documenting RTI for looking for equity appellants and helping them how to use RTI Act
• Exposure of Scams through RTI: Social Chang effectively. After the implementation of Right to
happens when the tricks are conveyed to the Information Act 2005, subjects have discovered a device
consciousness of individuals, consequently legislator to bring in transparency and responsibility at all levels of
or government authorities may have a dread that this administration.
Act may likewise bring them out on the off chance
that they include in debasement. There are different
Specifically, the Right to Information Act has a
dialogs on RTI done on this site. The substance of the
substantially higher effect on the personal satisfaction of
whole week is taken for examination. There are 214
poor people and underestimated area of the general
posts in the watched week (Jun 8-14). public. Notwithstanding, the energy of the Act is still to
be completely figured it out. The nationals, government,
In twitter there are 96 tweets found, for which the media and common society associations need to
examination was finished complete a great deal to achieve the expected target of
the Act and to address different issues and requirements
Table 5 in getting to the information under the Act. Right to
No. of % No. of %
posts posts
Information Act has satisfactory “teeth” to bring
Awareness of RTI 119 55.6 50 52.1 transparency and reduce corruption.
Education related RTI 17 7.9 29 30.2
Information on RTI 55 25.7 12 12.5 In the meantime it acknowledged that the Act has not yet
Discussions on scams 23 10.8 5 5.2 achieved the phase of execution which was imagined. In
(Discussions and posts on social change in Social Networking Sites)
any case, it is as yet a matter of pride that we have given
to ourselves, an instrument which can possibly introduce
At the point when the talks of the SNS are examined,
transparency, and reduce corruption. While the attention
• Awareness on RTI brought by Facebook and twitter is
to the significance of transparency has in reality
of 55.6% and 52.1% individually
expanded, framework should be worked around it to
• In expediting social change through dialog instruction
enable it to work better. In the meantime, the way to
identified with RTI was accomplished more by
expanding responsibility of open specialists lies in
twitter taking 30.2% while Facebook has just 7.9%
realizing attitudinal changes – which is something that
• Information on RTI, such as sharing data about the Act
requires some investment. The Right to Information Act
involves 25.1% by Facebook and twitter has 12.5%
of India plainly states in its exceptionally introduction,
• Discussions on tricks are examined vary by Facebook
"democracy requires an educated citizenry and
when contrasted with Twitter. They take 10.8% and
transparency of information which are essential to its
5.2% repectivelyRecent tweet exchanges are
working and furthermore to contain corruption and to
predominantly on the incorporation of RTI Act in the
hold governments and their instrumentalities responsible
school syllabus. A portion of the fascinating tweets
to the represented." Without data being made accessible
posted as of late are prameetdharamshi@PrameetD
to the general population, there can be no democracy.
The Center is thinking about presentation of lessons
The attributes of good governance incorporate centre
61
International J. Advances in Social Sciences 7(3-4): July-December, 2019
62