Final Proj Rti

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    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 !!