Little Explanation on Right To Information act,2005

Object behind the enactment of RTI Act, 2005:-

Maladministration, mismanagement, corruption and delays are some of the melodies plaguing the public offices which a common person has to face in his daily life. With a view to curb corruption and mal-administration etc. in the public offices and to promote transparency and accountability amongst the public officers, the Parliament enacted a new legislation in the year 2005 namely, The Right To Information Act, 2005. Prior to the passage of the RTI Act, 2005 and because of the stringent provisions contained in the Official Secrets Act, 1923, it was almost impossible for a citizen to obtain any information regarding the official working and performance of a public officer holding a public office. The RTI Act, 2005 not only promotes transparency and accountability amongst the public servants regarding their performances in their public offices but also ensures that the concept of rule of law is not subverted and foiled. This new legislation has brought about the sense of devotion towards duty and tendency to adhere to the laws and norms amongst the public servants in discharge of their official duties as they have been made to realize under this Act that any willful breach of the laws, norms and the official duties on their part may invite punitive action against them under the provisions of the RTI Act, 2005.

Provisions of RTI Act, 2005 

1. Every public authority has to provide to the citizen the right to information within a prescribed time limit. Public Authorities has been ascertained by the Act itself, which includes the office of the President, Vice-President, Prime Minister, Chief Justice of India, the Parliament, State Legislatures, the Supreme Court, High Courts, constitutional bodies such as CAG (Comptroller and Auditor General), Election Commission etc. It also includes all the departments, Ministries, Boards, PSUs (Public Sector Undertakings), Agencies of Central Government, State Governments & Local Governments.

2. It is mandatory for a public authority to create a separate office called as PIO (Public Information Officer), with an objective to provide information within a prescribed time limit of 30 days. If the information is related to life and personal liberty than the information should be provided within 48 hours.

3. If any citizen is not satisfied with the content, context or subject matter of any information or the information is not provided within a prescribed time limit of 30 days than an appeal can be filled before 1st level Appellate Authority (i.e. the Joint Secretary of the respective department) and against the adjudication of 1st level Appellate Authority the appeal can be filed before the 2nd Appellate Authority (i.e. CIC- Central Information Committee & SIC- State Information Committee).

4. This Act also prescribes/describes the term Information in a comprehensive manner. Information means any material in any form including records, documents, e-mails, opinions, advices, orders, law books, contracts, samples etc.

5. RTI Act also determines some exceptions under which the public authorities have no obligation to give any official information to any citizen. These exceptions are as follows:- 

a. Information relating to integrity, security, sovereignty and strategic, economic & scientific interest if the State.

b. Information which has been expressly restricted by any court of law to be published.

c. If disclosure will cause a breach of privilege of Parliament or State Legislature.

d. Information including IPR (Intellectual Property Rights) & trade secrets.

e. Information received in confidence from any foreign government.

f. Information the disclosure of which would endanger the life or physical safety of any person.

g. Information related to the process of investigation and prosecution.

h. Cabinet papers including records of deliberation of Council of Ministers and other high level officials.

i. Personal information, disclosure of which has no relationship with nay public activity or interest.

Recently a study was performed by PWC (PricewaterhouseCoopers - a multinational professional services firm) to identify issues and constraints in the implementation of the Act. According to the study main emphasis needed to be given to the Supply Side Issues & the Demand Side Issues. 

(Important Sections of the RTI:-

(i) Section 3 of the RTI entitles a citizen Right to Information.
(ii) Section 4(2) of the RTI obliges the public authority to disclose the information to common people.
(iii) Section 2(n) defines the Third Party
(iv) Section 11(1) explains the procedure to access third party information. )

The Supply Side Issues listed by PWC were as follows:- 

1. Purpose Clause: Under RTI Act it is being provided that without any purpose, qualification or objective a citizen can take any information from a public authority. Apart from this free of cost information is provided to persons who are Below Poverty Line. According to PWC survey because of both these clauses government spend approximately Rs 10,000 in the disposal of one case and on an average Rs 25,000 petitions are filed in different PIOs working at different levels of government.

2. 30 Days Clause: This clause does not include administrative exceptions such as public holidays, staff leave and administrative assignments like election, census, disaster management etc. Situation becomes much more impractical when information is as old as 20 years.

3. Appeal & Complaint Clause: It has been observed that citizen groups & media are directly filing complaints in spite of appeal, it leads to extraneous pressure on public functionaries and affect the motivation of public servant and motive of this Act.

4. Any PIO Clause: Under this clause a citizen can ask any information from any PIO whether the PIO is possessor of that information or not. In the disposal of such cases lots of time and energy is wasted due to administrative hierarchy. Situations becomes much more difficult when 30 Days Clause is enforced with Any PIO Clause. 

The Demand Side Issues can be listed as follows:-

1. Language Clause: Under this clause the PIO should provide information to the appellant in administrative language. It should be noted that administrative language has its own terminology, abbreviations and complexity which is not possible for a citizen to understand.

2. Designation Clause: It has been observed that the designation of the PIO and public authority of similar types of departments is different in different States. Apart from this the process by which a petition can be filed and the procedure by which adjudication is done also differ in different States.

3. Issues related to Legal & Political Rights: In our education system there is no separate curriculum which make people aware about their legal and political rights. Awareness of rights such as Environment Protection Act, Forest Conservation Act, Consumer Protection Act, Domestic Violence Act and RTI Act is required for every citizen to make the administration or government more accountable and responsible.

  

Recent Issues on RTI:-

1. When Rakesh Nayak, NGO, filed a plea for the information about the pellet guns used by Paramilitary forces and their efficiency in maintenance of the peace, the Central Public Information Officer (CPIO) of the OFB(Ordinance Factory Board,Kolkatta based) turned down the RTI request under section 8 (1) (a) of the RTI Act, which exempts sensitive defence information. Also invoked was section 8 (1) (d) of the Act, which exempts trade secrets, intellectual property or commercial confidence that could “harm the competitive position of a third party” from disclosure.


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