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A Fundamental Human Right

The RTI Act


Enacted: 15 June 2005 Enforced: 12 October 2005
Grants access to information held by a public authority

public authority to computerize their records for wide distribution


Applies to all States and Union Territories of India

except the State of Jammu and Kashmir- Statelevel law

Information means:
Works, documents, records
notes, extracts, certified copies of documents and records

certified samples of material


Access information in the following forms:
printouts, diskettes, floppies, tapes, videocassettes and

other electronic mode [Section 2 (j)]

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]

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

Penalty
The CIC 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]

Fee: Delhi
- Rs 10 payable by cash/demand draft/bankers cheque to the Accounts Officer - Further fee towards cost of providing information:
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

The Act specifies that citizens have a right to:


Request any information (as defined). Obtain copies of documents. Inspect documents, works and records. Take certified samples of materials of work.

IMPORTANCE OF RTI:
Allows the common man to participate in the democratic process Provides vigilance over the governance process Vigilance by the citizenry would lead to good governance Protects the fundamental right of the people : Right to freedom (speech and expression) To minimize corruption and inefficiency in public offices

To make access to information a reality for every citizen

To make operational the fundamental right to information.

To set up systems and mechanisms that facilitate easy access to

information.

To promote transparency and accountability and enable peoples participation in governance.

Why we have the Right To Information:

This information relates to and concerns the PUBLIC

This information is generated with PUBLIC money


This information is held by the PUBLIC servant Public servants are paid from taxes collected from PUBLIC

Why is the Right to Information the need of the hour???


Citizens run from pillar to post for legitimate day to day services as the system is not transparent. Citizens pay speed money to officials as there is no accountability for delay Citizens pay taxes honestly but their money is misused on wasteful expenditure or personal gain because there is no social audit Citizens live with outdated practices and procedures as vested interests do not want changes in the ongoing systems

"VIJNANENA ATMANAM SAMPADAYET" "SAMPADITATMA JITATMA BHAVATI" IT MEANS EQUIP YOURSELF WITH WORDILY KNOWLEDGE

OBLIGATIONS OF PUBLIC AUTHORITIES 1.THE PARTICULARS OF ITS ORGANISATION,FUNCTIONS AND DUTIES 2. THE POWERS AND DUTIES OF ITS OFFICERS AND EMPLOYEES 3.THE PROCEDURE FOLLOWED IN THE DECISION MAKING PROCESS,INCLUDING CHANNELS OF SUPERVISION AND ACCOUNTABILITY 4.A DIRECTORY OF ITS OFFICERS AND EMPLOYEES

PROCEDURE FOR MAKING APPLICATION


1.SHOULD MAKE A REQUEST IN WRITING OR THROUGH ELECTRONIC MEANS 2.IN ENLISH OR HINDI OR IN THE OFFICIAL LANGUAGE OF THE AREA IN WHICH THE APPLICATION IS BEING MADE 3.PAY FEE AS PRESCRIBED 4.APPLICATION SHALL BE ADDRESSED TO CPIO/SPIO 5.APPLICATION SHOULD SPECIFY THE PARTICULARS OF INFORMATION BEING SOUGHT

MINORS CANNOT USE THE RTI ACT


MINORS CANNOT SEEK INFORMATION UNDER THE RTI ACT A NINE YEAR OLD AISHWARYA SHARMA APPROACHED THE CHIEF MINISTER'S OFFICE WITH A HANDWRITTEN COMPLAINT ON A NOTEBOOK PAGE ABOUT A GARBAGE DUMP IN FRONT OF HER SCHOOL.SEEING NO INITIAL ACTION ,SHE SENT HER RTI APPLICATION SEEKING TO KNOW RULES UNDER WHICH GARBAGE DUMPS CAN'T BE ALLOWED IN FRONT OF SCHOOLS (WWW.DNAINDIA.COM/INDIA/REPORT)

THE HARYANA RIGHT TO INFORMATION RULES,2009 THEY SHALL COME INTO FORCE FROM1.1.2010

APPLICATION FOR OBTAINING INFORMATION

A PERSON, WHO DESIRES TO OBTAIN ANY INFORMATION ADMISSIBLE UNDER THE THE ACT, SHALL MAKE AN APPLICATION PREFERABLY IN MODEL FORM A TO THE STATE PUBLIC INFORMATION OFFICER AND IN HIS ABSENCE TO STATE ASSISTANT PUBLIC INFORMATION OFFICER ALONG WITH A FEE

SECRECY WITHOUT A GOOD REASON IS NO LONGER AN OPTION

The Right to Information Act, 2005

CHALLENGES IN IMPLEMENTATION
Open Coverage of Time,Depth,Subject
Automation necessitated-how far & how much? Exemptions Security,Defence and restricted? Relevance and need of the petitioner? Time of answer: Complexity,Depth,multi years?
- RTI IMPLEMENTATION CHALLENGES IN GOVERNANCE SPACE

ROOT CAUSE FOR FORMATION OF RTI ACT

UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS(2002) 5 SCC 294- the court recognised the citizens fundamental right to information and even went to the extent of saying that such a right should be recognised and fully effectuated [Right to know the antecedents of the contesting candidates]

ARUNA ROY Vs. UNION OF INDIA,AIR 2002 SC 3176- THE S.C. located the right to information under article 21 (composite code theory of the SC in MANEKA GANDHI V. UNION OF INDIA)

CONSUMER EDUCATION & RESEARCH CENTRE Vs. UNION OF INDIA,AIR 1995 SC 922-The right of the workers( asbestos) to know the details of the mandatory medical examination, held to be valid by the S.C.
ONKAR LAL BAJAJ Vs. UNION OF INDIA (2003) 2 SCC 673articles 21 & 14 right to information- allotment of retail outlets, distributorships and dealerships of petroleum products political patronage for allotment was alleged by the press under such circumstances, the public in general has a right to know under what basis their elected representatives got such allotments

ANNA HAZARE
HE ONCE CONTEMPLATED SUICIDE,WROTE TWO PAGE LETTER ABOUT THE REASON WHY HE WANT TO END HIS LIFE...HAVING NO ANSWER TO THE PURPOSE OF HUMAN EXISTENCE......

BUT
ONE DAY AT NEW DELHI RAILWAY STATION,HE CHANCED UPON A BOOK ON SWAMI VIVEK ANAND AND THEN DERIVED THE MEANING OF HIS LIFES MOTIVE IN SERVICE TO HIS FELLOW HUMANS......

ANNAS 1sT SUCCESS OF RTI IMPLEMENTATION


In the Maharashtra State, a campaign was started demanding for the Right to Information.

The first campaign was organized at the Azad Maidan, Mumbai, in 1997.
Finally, with zeal of do-or-die, Mr. Hazare went on fast-unto-death on August 9, 2003 at Azad Maidan, Mumbai. He decided that unless the Act is passed by the Government, he will not end his fast; rather he will sacrifice his life for peoples rights. The Government of Maharashtra felt that his resolution is firm and He would not step back from his decision of do-or-die. On the 12th day of his fast, the Government of Maharashtra got the Bill signed by the President of India and enacted the law of Right to Information in Maharashtra. The Act on Right to Information is a revolutionary step towards strengthening democracy

1. In Ghara Katara village of Shankar Garh block in Allahabad, daily wagers had a tough time arranging a proper meal as they were not receiving rations on their cards. On December 19, 2006, some 21 villagers prepared RTI applications and questioned the administration. The very next day all the ration card holders got their rations.

2.Sidhakahna Jot Keshav village in Bahraich district of Uttar


Pradesh is one such example. Five inspired residents of the village filed RTI applications and questioned the district administration about the conditions of the village roads and drains. They also raised questions as why there were no allotments under the Indira Awaas Yojna.

RECOMMENDATIONS FOR INDIAN GOVT.


Awareness programmes for villagers can be started so that they come to know about RTI Act. 2. Procedure for application filing can be simplified and duration after which information is provided can be reduced so that the information can be easily transferred to those citizens who are willing to have that information.
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IMPACT ON INDIAN SOCIETY.


Greater Accountability:

It means that the Govt. is required or expected to justify actions or decisions which it is taking. If anyone isnt getting the benefits which come under the Govt. policies then he/she can make use of RTI Act.

BIBLIOGRAPHY
Introduction-www.rtigov.in
RTI ACT-www.rtigov.in www.wikipedia.com

Times of India,date-12feb2009
Examples n cases-www.google.com ,25aug2011,6pm

THANK YOU!!!!

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