The Order of the Crutch

Right to Information Act (India)

Summary

Many of us have wondered many a times as to how different things would have been if only people answered. Whenever you have had the lousy answer at a broke ass government office, where an officer had given you the most ridiculous excuses or rubbish for a process that you were trying to get through, a document that you were trying to obtain.

Well its all about responsibility isn’t it? That’s precisely where the ‘Right to Information’ act comes into play in the much needed hour. It’s the hell horn that is here to sound into the dead ears of the irresponsible officers and authority that have rotten this nation like cancer from inside for all these years.

In the next few pages we will try and break down methodically who can utilize this and how and what kind of difference it makes in our daily lives.

What is the RTI Act?

Basically it’s a set of rules and regulations anyone in public authority must conform to when any sort of information is requested upon by a citizen of the country. It’s applicable to any officer of any State or Central Government who faces the public, the citizen of the Indian country.

In plain words it means a question should be answered and the answer should be tangible and legible and no bullshit is accepted. It was formulated in 15^th June 2005 and it comes into existence from the 120^th day of its conception which means that it is in place from 12^th October 2005.

Who does it cover?

Everyone who is an Indian citizen with the exception of the State of Jammu and Kashmir

What Kind of Information are we talking about here?

Information means 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 which can be accessed by a public authority under any other law for the time being in force.

What does Right to Information mean?

It includes the right to -

1. Inspect works, documents, and records.
2. Take notes, extracts or certified copies of documents or records.
3. Take certified samples of material.
4. Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts

Who should provide information?

Government servants or in other words public information officers should provide information to the public when in need. Public Information Officer’s are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

How do we request for information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
2. Reason for seeking information is not required to be given.
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).

It does not end with this…

The time limit to provide such requested information is as given below.

1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5. Failure to provide information within the specified period is a deemed refusal.

How much does it cost me?

1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at.
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority.
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

Can the Information I request be denied?

Yes, on grounds of exemption from disclosure i.e., if the party owning the information has special provisions in the law to keep the information confidential then it may be refused. Also if it infringes copyright of any person other than the State

Conclusion

The Right to Information Act was brought out with the intention of bringing in more transparency into the Indian judicial and administrative system. It is quite comprehensive and straight forward and pretty much self explanatory to the point of being very direct on what it tries to achieve.

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