INTRODUCTION:
September 28 is celebrated internationally as right to know Day. Inspite of the fact that India has won its battle of
independence in 1947 making democracy its weapon, unfortunately, the truth was
something else. The power was handed over to the politicians and democrates ,
not to the common man then. In India, following a nationwide campaign led by
grassroots and civil society organizations, the Government passed a landmark Right To Information Act in 2005. It is
an Act “ to provide for setting out the practical regime of right to
information for citizens ”. RTI mandates timely response to citizens’ requests
for Government information. It is a initiative taken by Department of Personnel
and Training, Ministry of Personnel , Public Grievances and Pensions to provide
a RTI portal Gateway to citizens for quick search of information.
The idea
that Government withhold information for the public has become outdated. During
the last decade, many countries have enacted legislations on freedom of
information. In India, the Official Secrets Act 1923 was enacted to protect the
official secrets. The new law intend to disclose information replacing the ‘
culture of secrecy ‘. It will promote public accountability which will trim the
malpractices, mismanagement, abuse of discretion and bribery etc.
OBJECTIVES: The object of RTI is to empower the
citizens , promote transperancy and accountability in the working of the
Government. The Act is a big step towards making the citizens informed about
the activities of the Government. Social Activist Aruna Roy has described
India’s RTI as “ the most fundamental law this country has seen .”
EFFECT OF RIGHT TO
INFORMATION: While the debate on corruption in the country rages on,
the RTI Act is fast growing as an effective anti- corruption tool.
Jan Lok Pal Bill gain tremendous public support with
citizens coming out on the streets of Delhi, Banglore and other cities to voice
their anger over corruption. Where RTI has been used by journalists and the
media, the law has a broad base of
users. Earlier right to freedom of speech and expression is granted under
Article 19(1) of Constitution, but it requires fair and efficient procedure to
make the freedom of information work .
In the first three years, 2 million RTI requests were filed. The first
and well known movement was by Mazdoor Kissan Shakti Sangathan (MKSS) in Rajasthan for the access
to village accounts. Case studies and media reports shows that RTI is being
used to redress individual grievances, access entitlements such as Ration Cards
and pension. The RTI has paved way for informed citizenry which would
strengthen the democratic Government of India. With this Act, we can use our
right to speech and expressions and control the Government activities
effectively. The idea of open Government is becoming a reality with the
implementation of RTI Act. The RTI can be called a success only if the
bureaucracy accepts that they have constitutional to serve into.
PROVISIONS OF RTI:
Section 3 says all citizens shall have right to
information. The Act enforces a duty upon the public authorities to disclosed
all information. In V.S.Lee V. State of
Kerala[i]..
the remedy provided by Parliament is that wherever there is substantial financial support, the
People, have the right to know or information. Section 4(2) states that every
public authority shall take constant steps to provide information suo moto to
the public. Thus, the authorities have to give information voluntarily so that
the public have minimum resort to use this Act. The public authorities also
have to disseminate (making known or communicated the information to the public
through notice boards, newspapers, public anouncements, media broad casts,
internet and inspection of offices of public authority) information widely in
any form which is easily accessible to the public. Information can be obtained
by request in writing or through electronic means in English or Hindi or in
official language of the area U/S 6. Here, the person has to give fees, and if
request can’t be made in writing, the Central PIO and State PIO shall render
all assistance to make request in writing form. If the information has been
provided correctly or within time, it may be made available by appeal or
complaint to the Information Commission U/S (8(a) 1). In The Registrar General V. K.U.Rajasekar[ii],
it was held that Section 8 of RTI specially deals with the cases of
exemption from disclosure or information when such information affects
prejudicially the sovereignty and security of India etc. Section 5 says every
public authority shall within 100 days
of enactment of the Act, designate as many as officers as the Central
Public Information Officers or State Public Information Officers.
Section 6 permits person to obtain information in English or Hindi or in
the official language of the area from the designated officers. The person need
not to give any reason for the request. Section 7 requires the request to be
disposed of within 30 days provided where information sought for concerns the
life or liberty of a person, the same shall be provided within 48 hours.
Section 7(7) before taking any decision for furnishing the information, the
designated officer shall take into consideration the representation made by the
third party U/S 11. Section 7(9) exempts granting information where it would divert
the
Resources of the public authority or would be detrimental to
the safety and preservation of the record in record. U/S 8 ,it is important to
note that the Act specifies that intelligence and security organisations are
exempted from the application of the Act. However, it is provided that in case
the demand for information pertains to allegation of corruption and human
rights violations, the Act shall apply even to such institutions.
RIGHT TO
INFORMATION AS A FUNDAMENTAL RIGHT: The RTI is a fundamental
right as in Article 19(1)(a) of the Constitution is now a well settled
proposition. It has been discussed by Supreme Court in Number of cases, it has
been read into Article 14.(Right to equality), 19(1)(a) freedom of speech and expression
and Article 21 (Right to life) through cases such as Bennet Coleman V. Union Of India, Tata Press Ltd. V. Maharashtra
Telephone Nigam Ltd[iii].
Etc. The same Articles were also interpreted in Kharak Singh V. State of U.P[iv].,
Govind V. State of M.P[v].
ETC. to include within their scope a right to privacy.
A
plain reading of Section11 suggests that for the section to apply the following
three conditions must be satisfied (i) if the PIO is considering disclosing the
information (ii) the information relates to the third party (iii) the third
party treated the information to be confidential , the third party to be
consulted and a notice to be sent to that party . Section 19 provides two tier
system of appeals- First appeal and Second appeal. Any person who is aggrieved
by the decision of the Central PIO and State PIO within 30 days can prefer
First appeal before the First Appellate Authority. This authority shall be an
officer who is senior in rank to the Central PIO and State PIO. An appeal can
also be made by third party. The Second appeal lies before the State or
Central Information Commission against
the decision of the First Appellate Authority. It has to be filed within 90
days . As per Section 19(7), decision of Central or State Information
Commission is final. The Information Commissioners shall be persons of eminence
in public life with wide knowledge and experience in law, science and
technology, social service, management, journalism, mass media and governance.
In Nirmal Singh Dhiman V. Financial
Commissioner Revenue[vi],
Section 23 says that no court shall entertain any suit , application or other
proceeding in respect of any order and no order shall be called in question,
otherwise than by way of an appeal. In case, the complainant was aggrieved
against the non-supply of information by the Public Information Officer.
CRITICISM: The
Act has been criticized on several grounds. It provides for information on
demand, but does not sufficiently stress information on matters related to
food, water, environment and other survival needs. It does not emphasize active
intervention in educating people about their rights to access information.
Another thing is allowing for file notings except those related to social and
development projects to be exempted . File
notings are very important when it comes to the policy making of the
Government.
CONCLUSION: By
enacting the RTI, India has moved from opaque and arbitrary system of
Government to the beginning of an era where there will be greater transperancy
and to a system where the citizen will be empowered. The real Swaraj will come
not by the acquition of authority by a few but by the acquition of capacity by
all to resist authority when abused.
“KNOWLEGDE IS POWER, INFORMATION IS POWER, THE SECRETING OF INFORMATION
MAY BE AN ACT OF TYRANNY COMUFLAGED AS HUMILITY.”
COMPILED BY:
VANITA BANSAL(ADVOCATE)
B.A.LL.B
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