The Right to Information Act, 2005.

‘No man is good enough to govern another man without that other’s consent.’ Abraham Lincoln.

 

The Right to Information Act, 2005 is a part of fundamental rights under Article 19(1) of the Constitution, which says that every citizen has freedom of speech and expression. The people cannot express themselves unless they know what’s happening in the systems that govern them. We were governed by a very old law namely ‘Official Secrets Act’ which says that everything with the government should be confidential. This Act existed in India till the passing of the RTI Act in year 2005. “Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed” says the preamble of the Act.

But it is quite unfortunate that the Government authorities are still hesitant to part with the information under their control. The officials as well as the political administrators see this progressive legislation as a spot in their eye and they are slowly trying to bring out amendments weaken the legislation. As stated in the preamble, the Act envisages a transparent governance. The Act covers not only the Executive, but the judiciary and the legislature also. It extends to all central, state and local government systems including those bodies owned, controlled or substantially financed by government and also those Non-government organizations substantially financed, directly or indirectly by funds provided by government. Information relating to any private body that can be accessed by a public authority also comes under the ambit of RTI Act, 2005. So the entire system is against the Act. The appeal case against the orders that the Act applies to Supreme Court is a matter of discussion.

Section 4(2) of the Act says that “it shall be the constant endeavor of every public authority to provide as much information suo motu to the public at regular intervals through various means of communication, including internet, so that the public shall have minimum resort to the use of this Act to obtain information“. The aim is the change of mindset from maintenance of Official Information in Secret to Maximum Voluntary disclosure of information. The public authority means all the above institutions.

The RTI Act defines “Information” as any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in any electronic form. “Right to Information” also covers Inspection of work, documents, records; taking notes, extracts, or certified copies of documents or records; and taking certified samples of material. It implies that any citizen can exercise his right to even insist that a particular civil work be performed in his presence.

Every Public Authority shall designate as many Public Information Officers (PIO) in all the administrative units or Offices under it as may be necessary to provide information to persons requesting information”. PIO is also required to help any person making the request orally to reduce the same in writing. The Act further stipulates that “every public authority shall designate an Officer at each sub-divisional or other sub-district level as Assistant Public Information Officer (APIO) to receive the applications for information or appeals under this RTI Act for forwarding the same forthwith( within five days) to the respective PIO or 1st Appellate Authority or Information Commission. The Burden of proving that PIO/APIO has acted reasonably and diligently in discharge of his functions or obligations under RTI Act will be on the respective PIO/APIOPIO may seek assistance of any other Officer as he or she considers it necessary for the proper discharge of his or her duties. Section 5(5) of RTI Act says that such Officer will be deemed as PIO for the purposes of providing the information requested. The Burden including liability for Penalty on defiance of information will stand transferred to the Deemed PIO. This particular clause indicates the joint responsibility to be kept by each Public Authority.

The Request for information has to be submitted to PIO or APIO in writing or through electronic means in English, Hindi or local language of the area with a Fee of Rs. 10/-. (There is no fee for persons Below Poverty Line). PIO can demand additional sum of Rs. 2 for each page created or copied for giving it as information to the requester or Rs. 50/- per diskette/floppy if the same is given in electronic form. Incase if Inspection of work is requested no fee is chargeable for the first hour, but Rs. 5/- each for every subsequent hours. This fee is also exempted for the persons of BPL group. Section 6(2) of RTI Act makes it clear that a person requesting information shall not be required to give any reason for requesting the information or any other personal details.

The Act mandates that the PIO shall provide the requested information as expeditiously as possible, but in no way later than 30 days. However the public authorities can take 5 days more to part with the information sought, if such request is made through APIO. But in any case where the requested information involves the question of “life or liberty”, such information should be given within 48 hours. Where the information relates to a “third party” as defined under the Act, the maximum time is forty days. However the act again says that non furnishing within the above stipulated period shall be deemed as refusal.

Though the Right to Information Act aims at complete transparency in the governmental system, it is also equally important that the strategic information pertaining to the State and any personal information devoid of larger public interest be exempted from disclosure. Accordingly Section 8 (1) of the RTI Act bars the disclosure of the following information.

a)      Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offense;

b)      Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

c)       Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

d)      Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, (unless larger public interest warrants the disclosure of such information);

e)      Information available to a person in his fiduciary relationship, (unless the larger public interest warrants the disclosure of such information);

f)        Information received in confidence from foreign Government;

g)      Information, the disclosure of 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;

h)      Information which would impede the process of investigation or apprehension or prosecution of offenders;

i)        Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers. (However, after the decision is taken and the matter is complete or over, the decision, the reasons thereof and the material leading to the decision shall be made public);

j) Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless larger public interest demands its disclosure

Further, Section 9 of the Act insists that any information that infringes the copyright of any person other than the State should not be disclosed.

The third party should be heard before any information pertaining him is given. He has a right to appeal against the decisions of the PIO.

This Act is very brief that it contains only thirty plus sections and two schedules. But this can be termed as the most powerful and self contained Act that the Independent India has brought out.

Even though five years have elapsed after passing the Act, we are facing a lot of challenges in the implementation. Few are narrated below for discussion and for our vigilance.

1. The real information stake holders-the deprived masses are not educated and they are more concerned in their basic fight for survival than how the benefits of RTI Act can be made to reach them.

2. Appointment of information commissioners-persons with impeccable integrity should be appointed. It is difficult for a bureaucrat who has guarded information till now to cope up with the new requirement overnight.If the appointment of the commissioner is not made properly the very spirit of the act will be defeated. In Kerala the Government appointed an active office bearer of a Ruling political party as the State Information Commission.

3. Attitude of authorities and personnel in public life has not changed.

4. The citizens are not well trained to use this powerful weapon in the proper way. No serious efforts are being taken by the governments to educate the citizens. Now there are so many unnecessary and silly applications made by ill educated. By projecting these applications, the government the legislature,judiciary and the executive are making attempts to make amendments in the Act.

It is the duty of all the responsible citizens to be vigilant against such attempts.