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8/4/2019 Final Proj Rti
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4/17/12
RIGHT TOINFORMATION ACT
Presented By
Manoj Bisht
Sudarshan KashikarAmogh Joshi
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Presentation Flow
Chronology of the RTI Act & InternationalScenario
The RTI Act, 2005 & its Scope
Process of filing an RTI & Timeplan
Cases, Exemptions & Penalties
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Need For an RTI Act
Mahatma Gandhis vision of Real Swaraj
Provision in the Constitution of India
Enforcement of Right to information
Time-Bound and Defined Process to AccessInformation
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Chronology of RTI
FOI Law first enacted, Sweden, 1766
Raj Narain vs. State of UP, India, 1976
Mazdoor Kisan Shakti Sangathan (MKSS)
movement in Rajasthan, India, 1990
Freedom of Information Act, India, 2002
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International Scenario
Commonly known as right to informationto public bodies
13 countries in 1990
70 countries by 2009
Under active consideration in 20-30
nations
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Status in India prior to RTIAct
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Right To Information Act,2005
RTI Act - An Act to provide for setting out
the Practical Regime of right toinformation for citizens to secure access to
Information under the control of publicauthorities, in order to promoteTransparency and Accountability in theworking of every public authority, theconstitution of a Central InformationCommission and State InformationCommissions and for matters connectedtherewith or incidental thereto.
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Scope of RTI Act
Whole of India except the State of Jammuand Kashmir
Bodies constituted under the Constitutionor any law or any Government notification
Bodies owned, controlled or financedsubstantially by Government.
Non-govt. organizations substantially
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Public Information Officer(PIO)
As and when an RTI Bill is action in a State
PIOs Designated in each Public Authorityat Administration Levels
Assistant PIOs - Designated at Sub-Divisional or Sub- District Levels
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Duties of a PIO
Accept applications for information
Give information in the format requestedwithin the time limit
Transfer Application to Correct PIO within 5days
Inform citizen in writing if application wastransferred
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Process For Filing RTI
Application may be in writing / electronicmeans
English / Hindi or official language of areato be used
No specific application format necessary
Application may be sent by registeredost /courier
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Time-limit for ReceivingInformation
30 days if application is filed with PIO
35 days if application is filed with AssistantPIO
35 Days if Application Transfer wasinvolved
48 hours if information affects life andliberty of individual
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Appeal Mechanism
First Appeal to be made to Appellateauthority
Appeal to be made within 30 days
Decision has to be given in next 30 days
Second Appeal to be made to CIC
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Penalties
Non-Performance of Officer
Delay in providing information
Providing incomplete or false information
Rejecting application for malafide reasons
The CIC imposes penalty of Rs 250 per day
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Partial Disclosure
In case of providing partial access toinformation:
Reasons
Names of PIOs who took the decision
If third party treats information asconfidential, then
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Instances where RTI can beused
Seek information on certain Governmentactivities
Reasons for certain Government decisions
Seek information to prevent wrongdoings
Suggest improvements once you have theinformation
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Cases Exempt fromDisclosure
Sovereignty, Integrity, Security of Indiain danger
Forbidden by any court of law
Received in confidence from ForeignGovernment
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Power of RTI Act
Facilitates information on Governmentactions
Helps preserve democratic ideals
Helps contain Corruption
Holds government accountable
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Growing Importance of RTI
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Perceived Problems &Possible Strategies
Perceived Problems -
Frivolous applications
Voluminous information
Long process
Bureaucracy Fears
Strategies -
Generate Mass Concern
Digitalize the system
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Actual Problems
Government records are not in propershape
Pending cases at the Second appeal stage
Mismanagement of the Application filed
Indian missions abroad
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Media and RTI
Giving voice to the citizens
Narrowing the democratic deficit
Encourage debate and discourse
among stakeholders
Supplementing development
activities in the context of RTI
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Obstacles Faced by Media
Institutions and processes areinadequate
Skewed Information flow withinGovernment
Bureaucratic delays in providinginformation
Largely illiterate population
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Awareness
Several laws passed, but how many are aware?
If aware, are we really using it?
Implications of unawareness among the masses.
What can be done to make people aware?
How can the NGOs and private companies contribute?
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Initiatives
Initiatives by RTI activists & Government
Initiatives by NGOs & Private Companies
Initiatives by the media viz. TV, Radio and Print
Initiatives by the movie world
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Outcomes
Are always positive or negative
Recognition of eminent RTI activist
Victimization of whistle blowers
Only 13% Rural and 33% Urban population aware
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RTI Success Stories
To Pull up Fair Price Shops in Kalol,Gujarat
Rajasthan villagers use RTI to end woes
Official fined Rs. 40,000 by CIC,
Chattisgarh
RTI revives Panchayat Social JusticeCommittees in Gujarat
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THANK YOU
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Your RIGHT TO
INFORMATION
Questions Invited !!