RIGHT TO INFORMATION ACT

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Presented By Sudarshan Kashikar

4/17/12Amogh

Manoj Bisht

Joshi

Presentation Flow

Chronology of the RTI Act & International Scenario The RTI Act, 2005 & its Scope Process of filing an RTI & Timeplan Cases, Exemptions & Penalties
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Need For an RTI Act

Mahatma Gandhis vision of Real Swaraj Provision in the Constitution of India Enforcement of Right to information Time-Bound and Defined Process to Access Information
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Chronology of RTI

FOI Law first enacted, Sweden, 1766 Raj Narain vs. State of UP, India, 1976 Mazdoor Kisan Shakti Sangathan (MKSS) movement in Rajasthan, India, 1990 Freedom of Information Act, India, 2002
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International Scenario

Commonly known as right to information to public bodies 13 countries in 1990 70 countries by 2009 Under active consideration in 20-30 4/17/12 nations

Status in India prior to RTI Act

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Right To Information Act, 2005

RTI Act - An Act to provide for setting out the Practical Regime of right to information for citizens to secure access to Information under the control of public authorities, in order to promote Transparency and Accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
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Scope of RTI Act

Whole of India except the State of Jammu and Kashmir Bodies constituted under the Constitution or any law or any Government notification Bodies owned, controlled or substantially by Government.
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financed

Non-govt.

organizations

substantially

Public Information Officer (PIO)

As and when an RTI Bill is action in a State PIOs Designated in each Public Authority at Administration Levels Assistant PIOs - Designated at SubDivisional or Sub- District Levels

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Duties of a PIO

Accept applications for information Give information in the format requested within the time limit Transfer Application to Correct PIO within 5 days Inform citizen in writing if application was 4/17/12 transferred

Process For Filing RTI

Application may be in writing / electronic means English / Hindi or official language of area to be used No specific application format necessary

Application may be sent by registered 4/17/12 post /courier

Time-limit for Receiving Information

30 days if application is filed with PIO 35 days if application is filed with Assistant PIO 35 Days if Application Transfer was involved 48 hours if information affects life and 4/17/12 liberty of individual

Appeal Mechanism

First Appeal to be made to Appellate authority Appeal to be made within 30 days Decision has to be given in next 30 days Second Appeal to be made to CIC
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Penalties

Non-Performance of Officer Delay in providing information Providing incomplete or false information Rejecting application for malafide reasons The CIC imposes penalty of Rs 250 per day

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Partial Disclosure

In case of providing partial access to information:

Reasons Names of PIOs who took the decision information as

If third party treats confidential, then

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Instances where RTI can be used

Seek information on certain Government activities Reasons for certain Government decisions Seek information to prevent wrongdoings Suggest improvements once you have the information

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Cases Exempt from Disclosure

Sovereignty, Integrity, Security of India in danger Forbidden by any court of law Received in confidence from Foreign Government
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Power of RTI Act

Facilitates information on Government actions Helps preserve democratic ideals Helps contain Corruption Holds government accountable
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Growing Importance of RTI

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Perceived Problems & Possible Strategies

Perceived Problems

Frivolous applications Voluminous information Long process Bureaucracy Fears

Strategies

Generate Mass Concern Digitalize the system

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Actual Problems

Government records are not in proper shape Pending cases at the Second appeal stage Mismanagement of the Application filed Indian missions abroad
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Media and RTI

Giving voice to the citizens Narrowing the democratic deficit Encourage debate and among stakeholders discourse

Supplementing development activities in the context of RTI 4/17/12

Obstacles Faced by Media

Institutions inadequate

and

processes

are

Skewed Information Government Bureaucratic information

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flow

within

delays

in

providing

Largely illiterate population

Awareness

Several laws passed, but how many are aware? If aware, are we really using it? Implications of unawareness among the masses. What can be done to make people aware? How can the NGOs and private companies contribute? Click to edit Master subtitle style

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Initiatives

Initiatives by RTI activists & Government Initiatives by NGOs & Private Companies

Initiatives by the media viz. TV, Radio and Print Initiatives by the movie world Click to edit Master subtitle style

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Outcomes

Are always positive or negative Recognition of eminent RTI activist Victimization of whistle blowers Only 13% Rural and 33% Urban population aware Click to edit Master subtitle style

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RTI Success Stories

To Pull up Fair Price Shops in Kalol, Gujarat Rajasthan villagers use RTI to end woes Official fined Chattisgarh Rs. 40,000 by CIC,

RTI revives Panchayat Social Justice Committees in Gujarat

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THANK YOU

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Your RIGHT TO INFORMATION Questions Invited !!

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