Right to Information Act :

EMPOWERMENT Through

INFORMATIONKartick chandra BarmanAssistant professor of history

Krishna chandra college

THE RTI ACT & YOUR

EMPOWERMENT•You can ask for (almost) any information from the Public Authority

•You won’t have to give reasons for asking

•Redress of delay or non delivery, as that has to be acknowledged through information

RTI- UNIQUENESS• It has emerged from the grassroots

-- not imposed from above• Involvement of Active Citizenry and

Civil Society Movement behind this Act

•You won’t have to go to Court for its implementation, every office needs to be geared up for this Act.

RTI-Information

is Power

InformationWith

People

True Democracy

Power of People

RTI

RTI- THE FOUNDATION

The real Swaraj will come not by the acquisition of authority by a few but by the acquisition ofcapacity by all to resist authority when abused.-Mahatma Gandhi

RTI- THE FOUNDATION• Information is power and it

belongs to people.• In democratic polity every person

is capable of governing itself and sovereignty lies in people.

•Supreme Court interpreted “Right to Know” as integral part of “Right to Freedom of Speech and Expression”.

State of U.P. vs. Raj Narain (AIR 1975 SC 865) - Justice K.K.Mathew

‘The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. The right to know which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security. To cover with veil of secrecy, the common routine business, is not in the interest of the public’.

RTI- THE FOUNDATION‘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’ - Right to Information Act 2005

RTI- THE FOUNDATION“I believe that the passage of this Bill will see

the dawn of a new era in our processes of governance, an era of performance and efficiency, an ear which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.” : Dr. Manmohan Singh, Prime Minister of India

Speech in Lok Sabha on 11 May 05 on introduction of the Bill

RTI ACT •Enacted on 15 June 2005.

•Came into force on 12 October 2005

RTI ACT- BASIC PURPOSE

- Informed Citizenry- Transparency in Governance- Practical Regime of RTI- Secure Access to Information in Public Authority- Prevention of Corruption

RTI- THE PROVISIONSRight to Information – Right

Shall Publish – MandatoryWithin reasonable time , subject to availability of

resourcesSuo moto publication – minimum use of ActConsider local language, cost effectiveness,

effective mode of communication100 days to designate PIONo bar in appointing APIO in sub district and

sub divisional level

RTI- THE PROVISIONS• Request in writing or electronic form – English ,

Hindi, Official Language• Reasonable assistance for oral request• Do not ask for reason for request• Transfer application within 5 days• Give information within 30/35 days• In case of life , liberty within 48 hours• Not giving info within time – deemed to be

refused

RTI- THE PROVISIONS•Fee to be reasonable , no fee for BPL•Public interest overweigh private interest•Liability for negligence•Penalty for not giving information”•Act done in good faith – no legal

proceeding.•Overrides Official Secret Act and other laws•No civil court’s jurisdiction

RTI- ACTION PLAN• Have you appointed PIO/ APIO• Have you made documentation ready• Have you classified documents according

to your convenience• Have you notified information regarding

PIO• Have you made proforma ready

RTI- ACTION PLAN• Application for information• Money receipt • Record of request for information• Supply of information• Refusal of information• Transfer of request for information• Third party information• Appeal

RTI- INFORMATIONInformation means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, datamaterial held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time beingin force -

RTI- RECORDSEvery public authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated

RTI- RIGHTSIt includes the right to -i. inspect works, documents, records.ii. take notes, extracts or certified copies ofdocuments or records.iii. take certified samples of material.

• iv. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts

RTI- PUBLIC AUTHORITY• "public authority" means any authority or body or

institution of self- government established or constituted— (a) by or under the Constitution;(b) by any other law made by Parliament;(c) by any other law made by State Legislature;(d) by notification issued or order made by the appropriate Government, and includes any—

(i) body owned, controlled or substantially financed; (ii) non-Government organization substantially

financed,directly or indirectly by funds provided by the appropriate Government

RTI- EXEMPTIONS a) forbidden by any court of law or

tribunalb)breach of privilege of Parliament

or the State Legislaturec) affects the sovereignty and

integrity of Indiad) information related to agencies

mentioned in the Second Schedule of the Act

RTI- EXEMPTIONSe) Commercial confidence, trade

secrets or intellectual propertyf) Information from a foreign

governmentg) Cabinet papers including records of

deliberations of the Council of Ministers, Secretaries or prosecution of offenders

h) Information which relates to personal matters, the disclosure of which has no bearing on any public activity or interest

RTI- NEED OF THE HOURWhat can you do now

•Create Awareness•Proactive use – File Application seeking Information

Thank You