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The document discusses India's Right to Information Act and its key aspects such as its objectives to empower citizens and promote transparency and accountability in governance. It outlines the scope of the Act, the process of suo moto disclosure by public authorities, and the method citizens can use to seek information, including first and second appeals if the initial request is denied. The Act aims to make the government more open and accessible to the people it governs.
The document discusses India's Right to Information Act and its key aspects such as its objectives to empower citizens and promote transparency and accountability in governance. It outlines the scope of the Act, the process of suo moto disclosure by public authorities, and the method citizens can use to seek information, including first and second appeals if the initial request is denied. The Act aims to make the government more open and accessible to the people it governs.
The document discusses India's Right to Information Act and its key aspects such as its objectives to empower citizens and promote transparency and accountability in governance. It outlines the scope of the Act, the process of suo moto disclosure by public authorities, and the method citizens can use to seek information, including first and second appeals if the initial request is denied. The Act aims to make the government more open and accessible to the people it governs.
Unit 3: INFORMATION LAWS AND RTE (10) • Right to Information Act, 2005: Objectives of the RTI Act, Scope, SuoMoto disclosure, Method of seeking information, Eligibility to obtain information, Authorities under the Act,. • Right to Education Act: Objectives of the RTE Act – Salient Features. Indian Citizens • ‘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’ What does Right to Information mean? Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens and replaces the previous Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The first application was given to a Pune police station. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES • -(1) Every public authority shall– (a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this Act,-- • (i) the particulars of its organization, functions and duties; • (ii) the powers and duties of its officers and employees; • (iii) the procedure followed in the decision making process, including channels of supervision and accountability; • (iv) the norms set by it for the discharge of its functions; • (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; • (vi) a statement of the categories of documents that are held by it or under its control; • (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; • (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; • (ix) a directory of its officers and employees; • (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; • (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; • (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; • (xiii) particulars of recipients of concessions, permits or authorisations granted by it; • (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; • (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the public Information Officers; (xvii) such other information as may be prescribed, and thereafter update these publications every year; (c) publish all relevant facts while formulating important policies on announcing the decisions which affect public; (d) provide reasons for its administrative or quasi judicial decisions to affected persons. (2) It shall be a constant Endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide a means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. Objective of the Right to Information Act : • The basic object of the Right to Information Act is to empower the citizens. • Promote transparency and accountability in the working of the Government. • Curb corruption. • Make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance. • Make the government more accountable. • The Act is a big step towards making the citizens informed about the activities of the Government. Scope of RTI • The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. • It covers 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" SuoMoto disclosure Suo Moto Law and Legal Definition • Suo moto is a Latin term meaning "on its own motion". It is used in situations where a government or court official acts of its own initiative. • It is a special power of High Courts and the Supreme court of India to initiate a hearing by itself without anybody filing any appeal or writ petition or PIL. When court feels that a matter requires serious and immediate legal intervention, it acts Suo Motu. • "Suo Motu" is a the term give to the action taken by an authority on its own will. The Judiciary usually takes action once a case or cause is brought before it by a party. For example I file a case against a hospital that they did not admit a case of accident due to which the patient died.
• But if suppose the court comes to know about a news report
where a hospital is exposed for its illegitimate practice of not admitting emergency patients then the court may take action on its own and call for the management of the hospital to answers as to why they are doing so.
The court usually takes suo motu action in case of gross
negligence on part of public authorities and government. Or in case where it thinks that it is necessary to do so. • Suo Motu Disclosure – • The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the particulars of its organization, functions, duties etc. • as provided in section 4 of the Act. Besides, some public authorities under the Central Government have published other information and have posted them on their websites. Exemptions from Disclosure. • The right to seek information from a public authority is not absolute. Sections 8 and 9 of the. Act enumerate the categories of information which are exempt from disclosure. • At the same time Schedule II of the Act contains the names of the Intelligence and Security Organizations which are exempt from the purview of the Act. The exemption of the organizations, however, does not cover supply of information relating to allegations of corruption and human rights violations. • The applicants should abstain from seeking information which is exempt under Section 8 and 9 and also from the organizations included in the Second Schedule except information relating to allegations of corruption and human rights violations. Method of seeking information A citizen who 'desires to obtain any information under the Act, should make an application to the Central Public Information Officer (CPIO) of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through a Central Assistant Public Information Officer appointed by the Department of Post at sub- divisional level or other sub-district level. First Appeal - Not received response within in prescribed 30 days or 48 hours/Not Satisfied - officer senior in rank to the CPIO Appellate authority – Has to Disclose information with in 30 days or 45 days in exceptional cases
Second Appeal - Not received response within in prescribed
30 days or Not Satisfied from Sr.Officer of CPIO you can make an appeal to Central Information commission (Within 90 days) Step 1: Identify the public authority which holds the information The first thing you will need to do is identify which public authority holds the information you want. If you are not certain who that is, make a list of the possible public authorities who you think might deal with the information and then consider the one most likely to have it. For example: If you want to know how much money was allocated to construct a bylane in your colony/neighbourhood, you would need to submit an application to the local municipal corporation responsible for roads and public works in your area Step 2: Identify who to submit your application to within the public authority • Once you have identified the public authority that holds the information you want, you will need to decide who to submit the application to. You should be able to get a list of Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) appointed in each department from the relevant department website or by contacting the department directly and asking them for guidance Step 3: Draft a clearly focused application • You can make a written or electronic application in English, Hindi or in the official language of your area.32 When writing out your application, it is important that you draft your request in a clear and concise way. It is absolutely essential that you make your request as specific as possible so that you get the information you want and avoid getting loads of documents you do not want and which you may have to pay for. It is important to draft your application in specific terms so that the PIO cannot return it on the grounds that it was too vague or difficult to understand. Step 4: Submit your application • After completing the application, you need to send it to: The PIO in the public authority which has the information you want; or The APIO located at the sub-district or sub- divisional level near you, who is then under a duty to forward your application to the relevant PIO. You can submit your application in person or send it by post, fax or email. If you are sending your application by post you should send it by registered post or under certificate of posting (UCP) so that you have proof of postage and the PIO cannot deny that he/she never received the application. If you are submitting your application in person, always make sure to ask for a receipt for the application. The acknowledgment should indicate the time and date when the application was received, where it was received and who received it. (People who are “Below the Poverty Line” pay no fees) Step 5: Wait for a decision • Once the PIO receives your application, complete with the application fee, he/she is required to process it as fast as possible but no later than 30 days from the date on which he/she receives the application.37 If an APIO passed the application on, another 5 days gets added to this timeline.38 However, where the information requested is vital to ensuring the life or liberty of a person, a decision has to be made within 48 hours.39 For example, if a person is picked up by the police without an arrest warrant or an arrest memo, his family, friends or even a concerned third person can ask for his whereabouts from the PIO of the police department and a response must be made within 2 days. Where such an application is made, it is good practice to include in the application an explanation as to why you think the application relates to “life or liberty” so the PIO does not delay assessing your application. Fee for Seeking Information • 15. The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the CPIO as prescribed by the Right to Information(Regulation of Fee and Cost) Rules, 2005. • 16. If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act and therefore, does not entitle the applicant to get information. First Appeal If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the CPIO. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the CPIO is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal Second Appeal If the appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. The appeal made to the Central Information Commission should contain the following information (i) Name and address of the appellant; (ii) Name and address of the Central Public Information Officer against the decision of whom the appeal is preferred; (iii) Particulars of the order including number, if any, against which the appeal is preferred; (iv) Brief facts leading to the appeal; (v) If the appeal is preferred against deemed refusal, particulars of the application, including number and date and name and address of the Central Public Information Officer to whom the application was made: (vi) Prayer or relief sought; (vii) Grounds for prayer or relief: (viii) Verification by the appellant; and (ix) Any other information, which the Commission may deem necessary for deciding the appeal. 6. The appeal made to the Central Information Commission should be accompanied by the following documents: (i) Self-attested copies of the orders or documents against which appeal is made; (ii) Copies of the documents relied upon by the appellant and referred to in the appeal; and (iii) An index of the documents referred to in the appeal. Eligibility to obtain information • In summation, information can be sought under the Act, by - - a citizen of India as a person - OCI or PIO card holder - any functionary in his personal capacity - a person representing a group of individuals like an association, HUF etc Eligibility to obtain information • Any citizen can ask for information under these laws.The Act extends to the whole of India except the State of Jammu and Kashmir. OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) card holders can also ask for information under the RTI Act. • For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy/Consulate/High Commission and they will inform you regarding the amount of application fee in local currency as well as the mode of payment. • Irrespective of the nature of the job a person may be performing as far as a person is a citizen of India he/she shall have the right to information subject to the provisions of RTI Act. ALL citizens are entitled for information under RTI, which included employees. Same is clear from S. 6(1). It starts with non obstinate clause 'A person'. So it is the person matters not the employability or employee. • The application/ appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituting as a body or otherwise is to be accepted and allowed. Kolkata high court has allowed use of post box in filing RTI which shall enable contact of a user with the authority without revealing personal details of the information seeker. You do not need to worry about your safety when Post Box is there. Authorities under the Act • The RTI act lays down that all ‘public authorities’ have to provide information to the Citizen. Public authority has been defined by Section 2 (h) of the act as follows: “h) public authority means any authority or body or institution of self government established or constituted,— (a) by or under the Constitution ; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any-- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;” Effectively a) , b) and c) and d) mean any authority or body which we consider as Government in common parlance- all Ministries and their departments, Municipal Bodies, Panchayats, and so on. This also includes Courts, Universities, UPSC, Public Sector Undertakings like Nationalised Banks, LIC, and UTI amongst others. All Stock Exchanges and SEBI are Public authorities and subject to RTI. Important Web-sites 29. Given below are the addresses of some important web-sites which contain substantial informatipn relevant to the right to information: (i) Portal of the Government of India (http://indiaimage.nic.in). (ii) Portal on the Right to Information (www.rti.gov.in). (iii) Website of the Central Information Commission (http://cic.gov.in). THE RIGHT TO EDUCATION ACT • The Right of Children to Free and Compulsory Education Act' or 'Right to Education Act also known as RTE', is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010 • The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. The Act has the following major provisions • Every child between the age of six to fourteen years, shall have the right to free and compulsory education in a neighborhood school, till completion of elementary education. • For this purpose, no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. • Where a child above six years of age has not been admitted to any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age. • For carrying out the provisions of this Act, the appropriate government and local authority shall establish a school, if it is not established, within the given area, within a period of three years, from the commencement of this Act. • The Central and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act This Act is an essential step towards improving each child's accessibility to secondary and higher education. The Act also contains specific provisions for disadvantaged groups, such as child laborers', migrant children, children with special needs, or those who have a disadvantage owing to social, cultural, economical, geographical, linguistic, gender or any such factor. With the implementation of this Act, it is also expected that issues of school drop out, out-of-school children, quality of education and availability of trained teachers would be addressed in the short to medium term plans. Salient Features of the Right to Education Act, 2009
• Every child in the age group of 6-14 has the
right to free and compulsory education in a neighborhood school, till the completion of elementary education • Private schools will have to take 25% of their class strength from the weaker section and the disadvantaged group of the society through a random selection process. Government will fund education of these children. • No seats in this quota can be left vacant. These children will be treated on par with all the other children in the school and subsidized by the State at the rate of average per learner costs in the government schools (unless the per learner costs in the private school are lower). • All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfill these standards within 3 years will be allowed to function. All private schools will have to apply for recognition, failing which they will be penalized to the tune of Rs 1 lakh and if they still continue to function will be liable to pay Rs 10,000 per day as fine. Norms and standards of teacher qualification and training are also being laid down by an Academic Authority. Teachers in all schools will have to subscribe to these norms within 5 years. • No donation and capitation fee is allowed. • No admission test or interview either for child or parents. • No child can be held back, expelled and required to pass the board examination till the completion of elementary education. • There is provision for establishment of commissions to supervise the implementation of the act. • A fixed student and teacher ratio is to be maintained. • All schools have to adhere to rules and regulations laid down in this act, failing which the school will not be allowed to function. Three years moratorium period has been provided to school to implement all that is required of them. • Norms for teachers training and qualifications are also clearly mentioned in the act. • All schools except private unaided schools are to be managed by School management Committees with 75% of parents and guardians as members. Who is Monitoring RTE • The National Commission for Protection of Child Rights (NCPCR) has been mandated to monitor the implementation of this historic Right. A special Division within NCPCR will undertake this huge and important task in the coming months and years. A special toll free helpline to register complaints will be set up by NCPCR for this purpose. NCPCR welcomes the formal notification of this Act and looks forward to playing an active role in ensuring its successful implementation • NCPCR also invites all civil society groups, students, teachers, administrators, artists, writers, government personnel, legislators, members of the judiciary and all other stakeholders to join hands and work together to build a movement to ensure that every child of this country is in school and enabled to get at least 8 years of quality education.
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