ICFAI LAW SCHOOL, DEHRADUN

PRE- MID TERM ASSIGNMENT

THE RIGHT TO INFORMATION (RTI) AND THE

TOPIC-
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
REPORT

SUBMITTED BY- SINDHUJA SINGH

ENROLLMENT- 19FLICDDN02199
SECTION- “D”
SUBJECT- RIGHT TO INFORMATION

SUBMITTED TO- Mr. SHEIKH SHADAB RANA

(FACULTY FOR RIGHT TO INFORMATION)

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ACKNOWLEDGEMENT

I would like to thank ICFAI UNIVERSITY DEHRADUN, for giving me the opportunity to
choose this topic and for providing me the creative freedom to go upon this project as I like.
I would also like to thank Ms. SHEIKH SHADAB RANA, who has been my mentor during
the project and, for providing this opportunity.

SINDHUJA SINGH
19FLICDDN02199

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Nature of RTI

RTI is based on three key principles.

1. State needs to understand that RTI is to be guided by maximum disclosure: Giving

information as much as possible, whenever possible.

Section 6 of RTIA 2016 is an example for this proposition, as even though the requested
information falls under section 5 of the Act and cannot be provided, but if the information is
reasonably severable, then information that can be provided has to be provided.

2. Necessity of proactive disclosure: Public Authority does not have to wait for a request
or an interference to disclose information.

Section 9 of RTIA 2016 mandates a Minister to provide all information available with him to
the public about initiation of projects, 03 months prior to their commencement. If it is an
urgent project, information has to be provided one week prior to the commencement of such a
project, and reasons for urgency have to be notified to the RTI Commission.

3. Preserve credibility: Provide surrounding information related to the public request.

Protection of honest officials who are accountable and transparent within the RTI framework
is important as RTI is not only about exposing corruption, it is also about protecting officers
who are doing their jobs right

How can RTI help in EIAs

Subject to the provisions of section 5 of this Act, every citizen shall have a right of access to
information which is in the possession, custody or control of a public authority according to
section 3 of RTIA 2016.

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 a. Definitions – Section 43 of RTIA 2016

RTIA 2016 defines ‘information’ as including any material recorded in any form and
provides examples. The definition of ‘public authority’ (PA) captures any governmental
institution (Ministry, Department, Public Corporation, Local Authority, certain companies, a
body created by a Provincial Council, Higher Education Institution), private entity or
organisation carrying out statutory or public function or service, private educational
institutions, non-governmental organisations substantially funded by the government or
international organisations and all courts and tribunals.
A ‘citizen’ is defined as including a body whether incorporated or unincorporated, if not less
than three-fourths of the members of such a body are citizens.
Therefore, it is clear how vast the accessible information is and the public needs to be
informed of their right to know and be assisted to reap the benefits of the process better.

The RTI Procedure

Section 24 onwards of the Act depicts the procedure for any citizen to obtain information
held by a PA. The request for information has to be in writing. The following graphic would
aid you to understand the process.

b. Why use RTI for EIA Process

As stated previously, the public can engage in effective decision-making regarding prescribed
projects only if they are provided with full and accurate information by the authorities. RTI
acts as a tool to bring the inaccessible information in the hands of PAs to the grasp of the
citizens, enabling the public to deliberate on the available information and request further
information where necessary.
Simply, it makes the project approval process of the Project Approving Agencies (PAA)
which are State Agencies that are also PAs, subject to public scrutiny. The public,
empowered by RTI, is not a mere party that comments, but a stakeholder that holds the PAAs
accountable and keeps check on their activities. Moreover, the ability of the public to engage
with the PAAs closely also makes the EIA process transparent and public-friendly. When the

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public is aware about the real circumstances of the projects, projected impacts and then
participates to comment, it will uplift the legitimacy of the decisions made.
However, grounds to deny access to information are stated under section 5 of RTIA 2016. A
few of them are: when the information which is requested is not for public interest and is a
violation of privacy, disclosure would undermine public security, would prejudice Sri
Lanka’s international relations, would prejudice the economy, would harm the competitive
position of a third party (unless PA is satisfied that the larger public interest warrants the
disclosure), would disclose confidential communications, would prejudice crime prevention,
would disclose identity of informants, would disturb the impartiality of courts, where it
would infringe Parliamentary or Provincial Council privileges, and where a cabinet decision
has not been taken on the related cabinet memorandum.
Despite the objections that the PA would resort to, the aggrieved citizen can use the appeal
procedure provided under Part VI of the Act which strengthens the ability of the citizens to
obtain information without facing bureaucracy and arbitrary information denials by public
officers.

Few Challenges faced by RTI

Developing countries in the Post-Pandemic world are hardly surviving due to many reasons
including lack of foreign revenue sources and Sri Lanka is no exception. With the
government’s idea of a booming industrialised and developed country as soon as their plans
could be rushed into motion, holding the PAs accountable for the environmental damage and
their massive development projects would be difficult. Similarly, availability of information
would depend on the political will of the governing bodies.
Likewise, firstly, preserving the independence of the RTI Commission is a challenge itself.
‘The law was drafted so that it setup an independent oversight agency that does not operate
through executive fiat or executive will. Members were appointed not solely through political
appointments through the Executive bill but through a nomination process. There were civil
society organisations making nominations, media and the Bar Association. It was the
nominees from those organisations that were listed and then sent to the President who then
made the appointments.’

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But the Twentieth Amendment to the Constitution, ‘basically vested all powers in the
Presidency’ and how this would affect the nomination of commissioners when the terms of
current commissioners expire in September 2021 is yet to be seen.
Secondly, a conflict of interest lies in the fact that the nodal agency, the Ministry of Mass
Media channels money to the RTI Commission even though it is a PA under the Act and is
subject to the oversight of the RTI Commission. Lack of adequate independent resources to
the RTI Commission is hence a problem.
Thirdly, the RTI Commission is not empowered to impose penalties for a PA’s non-
compliance. Section 39 of the RTIA 2016 empowers the RTI Commission to file suit in
Magistrate’s Court against any personnel who does not comply with the law and the court
could impose a monetary fine and or imprisonment. Scholars argue that when the Department
of Customs and Department of Inland Revenue etc, could impose penalties, why the same
powers cannot be given to the RTI Commission. Furthermore, it would also increase
efficiency in the RTI process than piling up cases in courts.

Conclusion

‘The fact that 85% of the Right to Information Commission’s decisions from 2017-2019 has
been to release information, in full or in part, has been noted by UNESCO in its global 2020
report to the United Nations’ is praiseworthy as it upholds the democratic rights of the
citizens.

‘Right to access information, participation in decision-making, and access to justice are found
in both environmental and human rights instruments, and have been interpreted under both
regimes to provide broad protections for environmental interests.’ Therefore, fortifying and
enforcing RTI is imperative if Sri Lanka is to achieve sustainable development, backed with
public approval and well-calculated EIAs; enhancing the rule of law and environmental
conservation.