- Sorry after Long time-
RIGHT TO INFORMATION ACT 2005 (RTI)
The basic duty of a journalist is to provide his readers with the correct and detailed information. In order to discharge his duty effectively, he has to gather information that enlightens and informs his readers. Apart from journalists, individuals involved in social, political and cultural activism also need information from time to time.
However, more often than not, it is difficult to get or dig out information from those in power or the government authorities. This is because there is always reluctance on the part of the authorities to part with information. It is especially the case when the information is damaging to them or puts them in bad light. In a democracy, the affairs of the government need to be transparent, and suppressing information is like suppressing the truth.
Journalists, activists and interested individuals, who would find it difficult to get relevant information from the government authorities, can now invoke (use) the Right to Information Act to get the information they need. Until recently, the government authorities would do everything within their means or come out with all kinds of excuses to give information. But now under the RTI, it is compulsory for them to do so. However, there are certain modalities and procedures that have to be followed under this law.
The RTI was enacted by the Parliament in June 2005 and came into effect on October 13, 2005. It applies to all states except Jammu and Kashmir (which has a separate law). Till then, disclosure of information was restricted under the Official Secrets Act (OSA) of 1923. The OSA still exists, but the RTI relaxes some of its provisions. According to the OSA, no information can be disclosed by the government authorities in matters relating to security of the State, sovereignty of the country and friendly relations with foreign states.
The RTI Act is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in it. The law is not applicable to private bodies/institutions unless they are financed by the central or state government.
Under the Act, every public authority has to computerize records so that it reaches all cross sections of people. It specifies that citizens have a right to:
A) Request any information (only that info defined under the Act)
B) Take copies of documents
C) Inspect documents, works and records
D) Take certified samples of materials of work
E) Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes 'or in any other electronic mode' or through printouts.
WHAT HAS TO BE DONE TO GET INFORMATION
The Act specifies that all authorities covered must appoint their Public Information Officer (PIO). Individuals seeking information have to submit a request to the PIO in writing. The PIO is under obligation to provide information to (only Indian) citizens. If the request concerns another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within five days. While making the request, citizens need not disclose any information except their name and contact particulars. The Act specifies time limits for replying to the request.
A) If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
B) If the PIO transfers the request to another public authority, the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
C) Information concerning corruption and Human Rights violations by Security agencies (those listed in the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission. However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.
It must be noted that the information has to be paid for and cannot be obtained for free.
If information is not provided within the period specified above, it is treated as refusal. If the refusal is with or without reasons, citizens can file an appeal or complaint. Information not provided in prescribed time, has to be provided free of charge. There is a fee of Rs 10 for filing the request, Rs 2 per page of information and Rs 5 for each hour of inspection after the first hour.
WHAT CONSTITUTES INFORMATION
Under the Act, information has been defined as any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body
WHAT CANNOT BE DISCLOSED
• Information which would adversely affect the sovereignty (independence) and integrity of India, the security, strategic, scientific or economic" interests of the country, relations with foreign nation or lead to incitement of an offence;
• Information which has been forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• Information including commercial confidence, trade secrets or intellectual property, unless the authority is satisfied that larger public interest calls for the disclosure of such information;
• Information received in confidence from foreign government;
• Information which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• Information which would obstruct or stop the process of investigation or apprehension or prosecution of offenders;
• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• Personal information which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual.
[Note:I have wrote this article (Act) just to share some off my knowledge about RTI if any things miss out or is not up-to-date plz late me know ]
