RIGHT TO INFORMATION ACT,2005

PRESENTED BY GROUP 6 ANAHITA DOTIVALA-42 KUNAL GALA-44 KOPAL AGRAWAL-46 KSHITIJ SHEH-48 PRATIKSHA SHETTY-50 COLLIN RODRIGUES-52 RAHUL TIWARI-54 NITESH JAIN-56 TEJAL JOSHI-58 POOJA VANJANI-60

No. 1 2 3 i. ii. iii. iv. Introduction

Title 3 6 8 8 11 13 14 17 17 17 19 20 22 24 25 26 28 33 47 49 50 51 Terminologies & Important Definitions Important Sections Sec 3 Obligation of public authorities (Sec4) Request for obtaining information (Sec 6) Disposal of request (Sec 7)

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v. Exemption from disclosure of information (Sec 8) vi. vii. viii. 4 5 6 7 8 9 10 11 12 13 14 15 Grounds for rejection to access in certain cases (Sec 9) Third party information (Sec 11) Criteria For Appointment And Removal Of SCIO & SIC (Sec 15 & 17) When Can person make second appeal Powers and Functions of information commission Penalties Amendments to be introduced Recent Gazette Notifications Comparative study Case Studies RTI & impact on stakeholders Questionnaire Survey Conclusion And Recommendations Bibliography

RIGHT TO INFORMATION ACT, 2005 INTRODUCTION The Right to Information Act, 2005, gives the citizens the right to obtain information from the government and government controlled organizations. In a democracy, the government is accountable to the people. The people can make government accountable to them only if they have adequate information on its functioning and that of its organizations. The objectives of the Act, thus, are tied to the principles of democracy, accountability and governance.

Right of the citizen Right to Information

Duty of the Public Authority

The Act gives you the right to access: information held by a public authority, information under the control of a public authority and includes the right to: Inspect work, documents, records; take notes, extracts or certified copies of documents or records; take certified samples of material; obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. Importance Of RTI We, The People of India, resolved to secure ourselves. Liberty of thought, expression through the preamble to our Constitution, 56 years ago. Article 19(1) guarantees the right to freedom of speech and expression and as recognized by the Supreme Court this also implies a full right to information. The Right to Information Act, 2005 (the Act) has established the necessary practical regime of right to information. Right to information can empower citizens to take charge by participating in decision-making and by challenging corrupt and arbitrary actions at all levels. With access to government records, citizens can evaluate and determine whether the government they have elected is delivering the results that are expected. RTI is thus a tool that can change the role of the citizens from being mere spectators to that of being active participants in the process of governance.

Salient features of the Act Universal access to information held by the public authorities- all citizens have access to information, pertaining to any period, in any form, in official language. Right to information includes inspection of records, works and taking certified samples of material. 'Information' broadly defined-includes: records, e-mails, samples and models Applies to all public authorities, NGOs, private bodies subject to provisions Public Information Officers (PIO) to provide information PIO has the duty to assist requesters and transfer the request to proper public authority, if required. No need to give reasons for requesting information but PIO should provide reasons for rejection of the request Information to be provided expeditiously, within 30 days of receipt of request

Benefits of the Act: Citizen can seek information about applications or complaints regarding ration cards, electricity connections, water connections and so on, pending with the public authorities &force them to redress grievances quickly without any need of paying bribes. The Long title of the Act states that this Act promotes transparency and accountability in the working of every public authority.

Act Application It extends to the whole of India except the State of Jammu and Kashmir. The Act gives you the right to access to information held by public authorities which includes

authorities, bodies, institution of self government The Act shall not apply to central intelligence and security agencies specified in the Second Schedule,

and other agencies excluded by the State Governments through a Gazette Notification. However, one can seek information in respect of allegations of violations of human rights from the excluded organizations. They may provide the information within 45 days with the approval of the Information Commission concerned.

Private Bodies covered Private bodies are not directly covered. But all the information relating to private bodies which can be accessed by a public authority can be accessed by you.

Non-Government organizations covered One can access information from non-Government organizations substantially financed directly or indirectly by Government funds.

Fee for Seeking Information A person who desires to seek some information from a public authority is required to send, along with the application, a demand draft or a bankers cheque or an Indian Postal Order of Rs. 10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. Rates of fee as prescribed in the Rules are given below: (a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or copied; (b) for information provided in diskette or floppy, rupees fifty (Rs. 50/-) per diskette or floppy; and (c) for information provided in printed form, at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication. (d) For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs. 5/-) for each subsequent hour (or fraction thereof) shall be charged. (e) If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee Case let: The trend of asking for information under the Right to Information (RTI) Act is growing among Mohali residents with each passing month, giving sleepless nights to the police. Asking for details about how many police personnel were posted at each police station and how many complaints are being investigated by each police inspector, the district police have received a total 2,250 RTI queries from various sections of society in Mohali district during the period of January to August this year. A total of 1,850 queries have been disposed off, while details about other queries are being compiled by different wings of the district police including traffic, security and CID. Interestingly, the last three months saw a rise in the number RTI queries when between 250 and 275 people approached the district police, filing various queries related to their pending applications. Gaganpreet Singh of Phase-VIII said, "He filed an RTI query for ascertaining the status of his complaint, which was filed in connection with a theft case, and received the status of investigation within 20 days. Though the investigation is still pending, police failed to recover my stolen property." The RTI branch of district police is headed by SP (headquarters) Mandhir Singh. Police sources said though some of the complaints are baseless including how many fans were installed in one police station, some queries were related to other districts and were forwarded to the districts concerned for replies. Mandhir Singh said, "Replies of around 400 pending RTI queries are being prepared and there are some
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queries, which became pending, when applicants were not satisfied with the submitted responses and they dragged the RTI wing to the office of Chief Information Commissioner (CIC), Chandigarh." The usual fee of filing RTI application is Rs 10 and there is an additional fee which is charged on the basis of per page reply.

Terminologies & Important Definitions 1) "Competent authority" meansi. The Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; ii. iii. iv. v. The Chief Justice of India in the case of the Supreme Court; The Chief Justice of the High Court in the case of a High Court; The President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; The administrator appointed under article 239 of the Constitution;

Competent Authority Current: Speaker Meira Kumari House Of People Chief Justice Of India - Shri SH Kapadia Supreme Court (Justice Altamas Kabir will be the new Chief Justice of India and will assume charge Sep 29)

2) "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; Public Authority refers to self government, formed under constitution or law made by Parliament or State Legislature. It can also be considered if the notification is issued by public government if the nongovernment is financed by public authority for which any sort of proof can be accepted.

3) "Record" includes(a) Any document, manuscript and file; (b) Any microfilm, microfiche and facsimile copy of a document; (c) Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) Any other material produced by a computer or any other device;
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4) "Right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to(i) Inspection of work, documents, records; (ii) Taking notes extracts or certified copies of documents or records; (iii) Taking certified samples of material; (iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

5) CIC/SIC: The Central Information Commission/State Information Commission decides the appeals and

complaints and conveys its decision to the appellant/complainant and first appellate authority/ Public Information Officer. The Commission may decide an appeal/complaint after hearing the parties to the appeal/complaint or by inspection of documents produced by the appellant/complainant and Public Information Officer or such senior officer of the public authority who decided the first appeal. If the Commission chooses to hear the parties before deciding the appeal or the complaint, the Commission will inform the date of hearing to the appellant or the complainant at least seven clear days before the date of hearing. The appellant/complainant has the discretion to be present in person or through his authorized representative at the time of hearing or not to be present.

Important Section of Right to Information Act 2005 Sec 3: Subject to provisions of this Act, all citizens shall have the right to information.

Sec 4: OBLIGATIONS OF THE PUBLIC AUTHORITIES The Public authorities shall publish the below within one hundred and twenty days of the enactment (by end October 2005): The particulars of its organization, functions and duties; The powers and duties of its officers and employees; The procedure followed in its decision making process, including channels of supervision and accountability; The norms set by it for the discharge of its functions; The rules, regulations, instructions, manuals and records used by its employees for discharging its functions; A statement of the categories of the documents held by it or under its control; The particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof; A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public; A directory of its officers and employees; The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; The manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes; Particulars of recipients of concessions, permits or authorizations granted by it; Details of the information available to, or held by it, reduced in an electronic form; 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; The names, designations and other particulars of the Public Information Officers

DUTIES OF PUBLIC AUTHORITY

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CASELET CJI vs Subhash Chandra Agarwal An RTI request, filed by Agrawal at Supreme Court on November 10, 2007, started a legal process that set off the ongoing debate on whether or not judges of Supreme Court and High Courts should be made to publicly disclose information about their assets and liabilities. Agarwal ("the applicant") made an application to the CPIO on 10th November, 2007 under the Act making two-fold request: (i) to furnish a copy of the 1997 resolution of the Full Court of the Supreme Court, and (ii) information on any such declaration of assets etc. ever filed by Honourable Judges of the Supreme Court and further information if High Court Judges are submitting declaration about their assets etc. to respective Chief Justices in States. The first request was granted by the CPIO and a copy of the 1997 resolution was made available to the applicant. The CPIO, however, on 30th November, 2007 informed the applicant that the information sought under the second head was not held or under the control of the registry (of the Supreme Court) and, therefore, could not be furnished and is exempt from disclosure under RTI. The applicant preferred an appeal before the nominated appellate authority. Here again the applicant got no response for the second request. However the Agarwal moved with the request to the CIC and then the matter went further to the Delhi High Court. In a landmark judgement, the Delhi High Court ruled that the office of the Chief Justice of India (CJI) is a public authority and hence it comes within the purview of the Right to information Act (RTI). The court ruled that the CJI must make public the disclosure of assets of Supreme Court (SC) judges made to him on the official website of the apex court. This judgement was only to depict that the level of transparency and accountability that needs to be maintained in the RTI Act. Higher the judiciary, higher is the accountability towards the public at large.

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Sec 6: REQUEST FOR OBTAINING INFORMATION (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to The CPIO or SPIO of the concerned public authority; The Central Assistant Public Information Officer or State Assistant Public Information Officer

specifying the particulars of the information sought by him or her. (In case the request cannot be made in writing, the CPIO or SPIO shall render all reasonable assistance to the person making the request orally to reduce the same in writing) (2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. (3) Where an application is made to a public authority requesting for information which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer. This should be done within five days from the date of receipt of the application. CASELET IT returns of Political parties The Association for Democratic Reforms (ADR) is a group which works to improve governance and strengthen democracy by continuous work in the area of Electoral and Political Reforms. They used the RTI Act to demand disclosure of income tax (I-T) returns of political parties, resulting in a landmark decision of the Central Information Commission (CIC), which held that such a disclosure was in public interest and so must be allowed. ADR filed an RTI request in February 2007 at Central Board of Direct Taxes (CBDT), seeking information as to whether 21 major political parties of the country were filing their I-T returns for the last five assessment years.It also wanted to know the PANs of the 21 parties and requested copies of their I-T returns and corresponding I-T assessment orders for the last five years. Predictably, the request was turned down by various I-T commissioners except those with jurisdictions over PDP, AGP and BJD. ADR then appealed to the CIC. After long hearings and filing of protracted submissions by all the parties, information commissioner A.N. Tiwari ruled in April 2008 that information, which is otherwise exempt, can still be disclosed if the public interest so warrants. ADR finally received the copies of I-T returns filed by political parties.

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The CIC decision was a breakthrough in the quest to impose transparency and accountability on unwilling political parties. RTI Application Process
STEP 1 Consider your problem frame a question identify the public authority and PIO you think has the information.

STEP 2 Draft and submit your application with application fee of Rs. 10/- to PIO. (Produce identity proof of BPL as there is no fee for BPL) STEP 3 Obtain acknowledgment/ receipt of your application and the application fee from the PIO. (time limit starts from the date of receipt of your application by the PIO)

STEP 4 PIO has 30 days to approve or reject your application

If information is not available with the public authority, PIO shall transfer the application to relevant public authority within 5 days and inform you in writing about such transfer

OPTION 1 Application is accepted

OPTION 2 Application is rejected.

PIO to notify you in writing of: additional fees(cost of information) to be paid; information concerning your right to review the decision, fees, form o access, details of Appellate Authority and relevant forms to make an appeal.

PIO has to notify you in writing: reasons for the rejection; period in which any appeal can be made; Details of the Appellate Authority.

PIO provide you the information. (Information will be provided free if provided after the time limits.)

APPEAL 1. If you are not satisfied with the information. 2. If information is not provided within the time limits.

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Sec 7: DISPOSAL OF REQUEST (1) The CPIO or SPIO, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of the fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9. (In case the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request). (2) If the CPIO or SPIO, fails to give decision on the request for information within the period specified under sub-section (1), the CPIO or SPIO, shall be deemed to have refused the request. (3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the CPIO or SPIO, as the case may be, shall send an intimation to the person making the request, giving The details of further fees representing the cost of providing the information as determined by him. Information concerning his or her right with respect to review the decision as to the amount of fees

charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms. (4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the CPIO or SPIO, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection. (5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay the fee as may be prescribed. (6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1). (7) Before taking any decision under sub-section (1), the CPIO or SPIO, shall take into consideration the representation made by a third party under section 11. (8) Where a request has been rejected under sub-section (1), the CPIO or SPIO, shall communicate to the person making the request, The reasons for such rejection; The period within which an appeal against such rejection may be preferred; and The particulars of the appellate authority.

(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
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Sec 8: EXEMPTION FROM DISCLOSURE OF INFORMATION (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen any of the below: Disclosure of information 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 offence; Disclosure of 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; Disclosure of information which would cause a breach of privilege of Parliament or the State

Legislature; Disclosure of information including commercial confidence, trade secrets or intellectual property, the

disclosure of which would harm the competitive position of a third party. Disclosure of information available to a person in his fiduciary relationship. Disclosure of information received in confidence from foreign Government; Disclosure of information which would endanger the life or physical safety of any person. Disclosure of information which would impede the process of investigation or apprehension or

prosecution of offenders. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other

officers. Disclosure of information which relates to personal information, which has no relationship to any public

activity or interest, or which would cause unwarranted invasion of the privacy of the individual (the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person).

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section.
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Exempted Organizations Intelligence Bureau, Ministry of Home Affairs Directorate of Revenue Intelligence, Ministry of Finance, Enforcement, Ministry of Finance Central Economic Intelligence Bureau, Ministry of Finance Narcotics Control Bureau Aviation Research Centre Special Frontier Force Border Security Force, Ministry of Home Affairs Central Reserve Police Force, Ministry of Home Affairs Indo-Tibetan Border Police, Ministry of Home Affairs Central Industrial Security Force, Ministry of Home Affairs National Security Guard, Ministry of Home Affairs Research & Analysis Wing of The Cabinet Secretariat Assam Rifles, Ministry of Home Affairs Sashastra Seema Bal, Ministry of Home Affairs Special Protection Group Defence Research and Development Organisation, Ministry of Defence Border Road Development Organisation Financial Intelligence Unit, India Directorate General Income Tax (Investigation) National Technical Research Organisation

CASE STUDY: The Respondent, an architect, made an application under the RTI Act before the Central Public Information Officer (CPIO) of DMRC seeking all the structural drawings and other design related information of the Metro Pillar No. 67 (information), which collapsed on July 12, 2009 killing seven people. The CPIO of DMRC declined to disclose the information on the ground that it was the intellectual property of DMRC and maintained that such disclosure was exempted under Sec. 8 (1) (d) of the RTI Act, which protects disclosure of confidential information.2 The Respondent appealed before the Appellate Authority of DMRC, which concurred with the CPIO. Respondent filed the next Appeal before the Central Information Commission (CIC).

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Before the CIC, DMRC relied on the following exclusions under the RTI Act, to prevent disclosure of the information sought: (i) That disclosure of information would prejudicially affect the sovereignty and integrity of India, security, strategic, scientific or economic interests of the State (Section 8(1)(a) of RTI Act); (ii) The design of the said pillar is the intellectual property of DMRC and therefore disclosure of information would affect the competitive position of third party (Section 8(1)(d) of RTI Act). To further support its stand DMRC placed before the CIC a letter of the Commissioner of Police stating that since criminal investigations were pending in relation to the collapse of the aforementioned pillar, the disclosure of the information may hamper the investigation and therefore the information should not be disclosed under Section 8 (1)(h) of the RTI Act. CIC rejected DMRCs claim of exemption from disclosure of information as follows: (i) Re Section 8 (1)(d): CIC referred to Section 9 of the RTI Act3 and held that since the DMRC was State within the meaning of Article 12 of the Constitution of India as well as Section 9 of the RTI Act, it cannot deny information under Section 8 (1)(d) of the RTI Act. (In our view this was not an appropriate interpretation of the provisions) (ii) Re Section 8 (1) (a) : CIC held that disclosure of the information pertaining to the particular pillar could not be held to prejudicially affect the sovereignty and integrity of India or its security and strategic interests; and (iii) Re Section 8 (1) (h) of the RTI Act: It was noted by CIC that the Head of Crime Branch of Delhi Police had informed the CIC that the police investigations were not likely to be adversely affected by the disclosure of the information sought. In view thereof, this exemption was not considered by the court.

Sec 9: GROUNDS FOR REJECTION TO ACCESS IN CERTAIN CASES Without prejudice to the provisions of section 8, a CPIO or a SPIO, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

Sec 11: THIRD PARTY INFORMATION Third party" means a person other than the citizen making a request for information and includes a public authority. This means an NRI requesting the information regarding the public authority.

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(1) Where a CPIO or a SPIO, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the CPIO or SPIO, shall, within five days from the receipt of the request, give a written notice to such third party of the request and that it intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information(except in the case of trade or commercial secrets protected by law). (2) Where a notice is served by the CPIO or SPIO, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the CPIO or SPIO shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing

Sec 15 & Sec 17: Criteria for appointment and removal of SCIO & SIC Sec 15 (5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

Sec 17 (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed. Sec 17 (3)

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The Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be is adjudged an insolvent; or has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or engages during his term of office in any paid employment outside the duties of his office; or is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner. Case let: Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005 was terminated from service. Section 15 of the Right to Information Act-2005 states that minimum qualification for a candidate who shall be appointed as State Chief Information Commissioner should have eminence in public life. Government of Karnataka has been directed by Honble High Court of Karnataka to File criminal cases against Shri.K.K Misra and prosecute him on charges of Perjury and Withholding documents in the Rs 2,250 Crores Bangalore Mysore Infrastructure Corridor Project Case. Honble High Court of Karnataka also directed the Registrar General to file a complaint in this regard under section 388 Cr.PC. A person who Lies and Cheats to Honble High Court of Karnataka as above cannot be called as a Person of Eminence In Public Life.

Sec 18: Powers and functions of the information commission 1) Refused to accept for forwarding: suppose a person form the city of Delhi seeking information about the quality of the water provided by the statutory civic authorities goes to the public information officer and ask for submission of his application however if the application is refused based on no grounds even though the application fulfills the criteria for granting information under the act then the information commission has to address the, the application and inquire about it. (a) Who has been refused access to any information requested under this Act
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(b) who has not been given a response to a request for information or access to information within the time limit specified under this Act;

2)unreasonable amount to pay: if an officer demands a fee which is not prescribed under the act or by the state or central information commission then the information commission has to address to such a complain.

3)Incomplete, misleading, false. Ex.1) A person from the city of Ahmedabad applies to receive an information about the amount of public hand pumps installed in his area by the Ahmedabad municipality. The information recieved by him is that in total 30 hand pumps have been installed in his area of Nani pol. However in truth only 15 hand pumps have been installed then is such a case of providing false information the information commission can inquire in the matter

Ex.2) a person who has applied to know about the total expenditure incurred by the local civic body in the treatment of maternity cases in the local area is provide with the total expenditure incurred on overall health cases is a misleading information and can be inquired by the information commission.

TIME FOR APPLICATION PROCESS

Citizens request for information

PIO / APIO

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30 days to GIVE / REFUSE

48 HRS. If question of LIFE / LIBERTY

30 DAYS TO APPELLATE AUTHORITY 30 TO 35 DAYS FOR COMPLETING TRIAL 90 DAYS TO INFORMATION COMMISSION 30 TO 45 DAYS OR COMPLETING TRIAL

Sec 19: When can a person make a second Appeal 19 (1) Any person who, does not receive a decision within the time specified, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer
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who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:. 19 (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. 19 (3) A second appeal against the decision shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: 19 (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

Sec 20: PENALTIES (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1)
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of section 7 denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twentyfive thousand rupees:

Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

Case-let : State information commissioner H N Krishna fined an official from Mysore for delaying information sought under the Right to Information Act. Hearing the petitions filed before the information court, the commissioner took the taluk panchayat official of K R Pet taluk to task and fined him Rs 5,000. The application was pending before him for nine months. Information is taxpayers' right and it is the duty of officials to provide the same to them. The fine amount gets deducted from their salaries. When the officials do not have information required by an individual, they have to transfer the applications to the other officers or get the details from them. ((TOI, 24/01/2011)S

Sec 21: Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made there under. Sec 22. Act to have overriding effect
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The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. This law will have an overriding effect vis-a-vis the official secrets act,1932 and all other orders and laws passed by the government that restrict information flow to people. The public should be well aware of the projects, activities, laws and schemes implemented by the government. Under the RTI Act, no citizen can now be denied information that elected representatives such as MLAs and MPs can get from the government. It not only covers public authorities at the centre but also the states and local bodies. Sec 24. Act not to apply in certain organizations Nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the Central Government or any information furnished by such organizations to that Government. Any information pertaining to the allegations of corruption and human rights violations shall not be withheld. However in such case, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. The Central Government may, by notification in the Official Gazette, amend by including any other intelligence or security organisation established by that Government or omitting any organisation already specified and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

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Amendments to be introduced The government of India is trying to push through amendments in the RTI act. According to an

organization called Commonwealth Human Rights Initiative, the government is attempting to amend the act quickly and the bill could be tabled soon. The organization has called on the government to stop making changes in the Right to Information Act. Through its Program Coordinator for its Access to Information Program, the Commonwealth Human Rights Initiative has also issued an appeal to the citizens asking them to pressurize the government from making the changes. The government of India wants to amend certain parts of the RTI Act to accommodate the NSRA or

Nuclear Safety Regulatory Authority Bill. The government recently, in September 2011, passed the Nuclear Safety Regulatory Authority Bill. The aim of the NSRA is to establish an Authority and such other regulatory bodies for regulation of radiation safety or nuclear safety and achieving highest standards of such safety based on scientific approach, operating experience and best practices followed by nuclear industry. This Bill seeks to add a new exemption to Section 8(1) of the RTI Act about nuclear safety matters and

recommends the exclusion of an unspecified number of yet-to-be-established nuclear safety agencies from transparency obligations by placing them in Schedule 2 of the RTI Act. In simple terms, it means that people wanting information pertaining to the countrys nuclear plants, its operations and safety procedures, can be turned away in the name of national security.

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RECENT GAZETTE NOTIFICATIONS DATE 11TH SEPT 12

Sub: Suo motu disclosure on official tours of Ministers and other officials.
Sub-Section (2) of Section 4 of the RTI Act, 2005 requires every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to use the Act to obtain information. 2. It has been brought to the notice of this Department that public authorities are receiving RTI applications frequently asking for details of the official tours undertaken by Ministers and other officials of the Ministries/Departments concerned. In compliance with the provisions of Section 4 of the RTI Act, 2005, it is advised that Public Authorities may proactively disclose the details of foreign and domestic official tours undertaken by Minister(s) and officials of the rank of Joint Secretary to the Government of India and above and Heads of Departments, since 1s` January, 2012. The disclosures may be updated once every quarter starting from 1s` July, 2012. 3. Information to be disclosed proactively may contain nature of the official tour, places visited, the period, number of people included in the official delegation and total cost of such travel undertaken. Exemptions under Section 8 of the RTI Act, 2005 may be taken in view while disclosing the information. These advisory would not apply to security and intelligence organisations under the second schedule of the RTI Act, 2005 and CVOs of public authorities.

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Comparative Analysis BRAZILS FREEDOM OF INFORMATION LAW 2011 Brazil passed the right to information bill in 2011 which is loosely based on its BRIC partner India which passed its RTI act in 2005. In the first month itself it received a staggering 10400 requests according to the Federal Comptroller General Nearly 70 percent of these (7,400) had already been answered, or around 7,400 requests, according to the government. Which is a better response in comparison to India where even after seven years of its existence still the applicant has to wait for months together for receiving the reply which is due to the callous on the part of those government officials who think its a waste of their time to reply to such articles? Brazil an emerging economy has been grappled by problems of corruption and red tapes where drug lords still form a potent force to the existence of democracy. TRUTH COMMISION SA notable fact is also that documents earlier maintained under the governments secrecy of document policy. Such documents would be kept secret only for a period of only 25years which makes all documents open to public after a maximum of at least 50years In a country where human rights has been a serious problem the law has made a special provision where All documents dealing with human rights violations, according to this special clause, must be released immediately. A major drawback is however, the bill still has some shortcomings. A key problem is that the bill fails to provide for the establishment of an independent body to consider appeals against refusals to provide access to information.

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2) Chinas Regulations of the People's Republic of China on Open Government Information The State Council of the People's Republic of China promulgated the "Regulations of the People's Republic of China on Open Government Information which came into effect on May 1, 2008. The act is to empower residents of china to have greater access to compensation claims from the government. Being a closed nation, its basic purpose is to enable a more proactive role by people in the activity of the government. Various analysts feel its not more than an exercise towards self-revelation by the Chinese government. The regulation is loosely based on the U.S.AS freedom of information act. However these regulations are not entirely new for the fact that over 30 provincial and city-level governments throughout China as well as central government agencies and departments have adopted OGI rules in the last several years," with Guangzhou being the first to do so. The highlight of this regulation is that government agencies at all levels have an affirmative obligation to disclose certain information, generally within 20 business days," and "citizens, legal persons, and other organizations (Requesting Parties) may request information and are entitled to receive a reply within 15 business days and no later than 30 working days . The Regulations in separate article state the types of information that government agencies are to disclose at the county level and above, at the municipal level, and at the township level. For example, in the first category, county-level or above people's governments and their departments are to emphasize disclosure of information regarding plans for national economic and social development; budgets and accounts; items subject to administrative fees and the legal basis and standards therefore; matters subject to administrative licensing; information on the approval and implementation of major construction projects; education, medical care, social security, and the like; and information on environmental protection, public health, safe production, and food, drug, and product quality. At the city and township level, among other types of information emphasized for disclosure that on "requisition or land appropriation, household demolition and resettlement,

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Case Study 1) HOW TO SELL TAJ Have you recently heard any jokes about selling Taj Mahal to foreign tourists? No? Not lately? That is because people dont joke about that nowadays. Reason: you can almost do it now. Sell the Taj, that is. Heres how. First, call it a public private participation (PPP) initiative; next, put the Taj into a separate corporate vehicle; third, sell a majority stake in it and tell the public to mind its own business. Who can object, for it is a public-private initiative, where the public is upfront, and private comes next? Though, an application can be filed under the RTI 2005 if the entity is in some way financed or in other way subject to the act. Private companies and entities consider themselves above the RTI act and the law itself The bright spot for an applicant is that an RTI can be filed towards the following institutions Companies working under the Public private partnership Joint ventures projects (Mumbai metro one) Private airport operator(Mumbai international airport private ltd) Large or small cooperates funded heavily by public sector banks and FIIs

However all such entities try out every nook in the books to evade such queries and to divert them to the garbage cans.

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2) MUMBAI AIRPORT AUTHORITY LTD CAME UNDER RTI Citizen activist Sanjay Shirodkar single-handedly took on Mumbai International Airport (MIAL) which refused to provide information, saying that it cannot come under the RTI Act. On 30th May, Central Information Commissioner Sushma Singh ordered that privately-managed airports come under the purview of the RTI Act. Its an important decision that will impact all public-private partnerships that tend to be secretive in their functioning THE GROUND ON WHICH THE APPLICANT RAISED QUESTIONS were Whether MIAL was established, or constituted, by an order of an appropriate government body. Whether MIAL is a body controlled by the appropriate government body. Whether MIAL is substantially financed either directly, or indirectly, by funds provided by the appropriate government body. While enjoying 2,000 acres of AAI land for a lease rent of Rs 100 per annum, and paying ridiculously low Income tax and service tax of around Rs 3,000, GVK claims the freedom to act as if it is just another private limited company working to maximize profits. It is running MIAL in collaboration with the 2 BOGUS companies namely ACSA Global Ltd and Bid Services (Mauritius) Ltd which have shadowy links to the companies that were evaluated by AAI and found worthy to be partners in the MIAL Consortium, namely Airports Company South Africa and Bidvest of South Africa. In June 2008, the Bombay High Court ruled that MIAL is an instrumentality of the state. But GVK still refuses to adopt standards of transparent dealing that come with being an instrumentality of the state, and a custodian of state properties. What is alarming is that the Indian government is quietly playing along with GVK. To shield GVK and the bogus companies, even public authorities such as AAI, the aviation ministry, the finance ministry, the Airports Economic Regulatory Authority (AERA), the Planning Commission and other government bodies that are keeping a distance and MIALs dealings are continually evading RTI queries. No government agency wants to disclose anything. A consortium of banks, most of them in the public sector, gave an infrastructure loan of Rs 4,200 crore to MIAL. Whose money was it? Yours and mine. But the details are being concealed by the banks. In a worryingly perverse order, Central Information Commissioner Shailesh Gandhi opined that it was a matter of commercial confidence and fiduciary relationship between the banks and the borrower, and there was no public interest in our knowing about it.
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ANALOG of the case is as follows: On 1 January 2008: Sanjay Shirodkar files a complaint. 2 February 2008: Mumbai International Airport (MIAL) says it is not a public authority under the RTI Act. 17 January 2007: In another appeal filed by Delhi RTI activist Anil Heble before the CIC, Delhi, against the AAI, Delhi International Airport (DIAL) declared as public authority by the CIC. 20 February 2008: Shirodkar files another complaint with the CIC. 11 June 2008: CIC issued an order stating that MIAL is a public authority under the RTI Act. 16 July 2008: Mr Shirodkar sends complaint to CIC stating that MIAL is not following CIC order. Instead, MIAL files a case in the Delhi High Court. 22 November 2010: The CIC's decision of 11 June 2008 is set aside on the ground that "no opportunity provided to MIAL to present its case". High court also directs CCI to restore Mr Shirodkar's appeal and hear both sides. 30 March 2011: CIC gives an order stating that MIAL comes under the purview of the RTI Act and that MIAL should appoint a public information officer within 30 days of receiving the order MIAL, still determined to not provide information, filed yet another fresh petition before the Delhi High Court. To avoid being held accountable as a state as per the Bombay High Court judgment, MIAL is now dragging on this case in the Supreme Court. In this way, MIAL, or rather GVK Group has built up a mass of 15 litigations before the Supreme Court alone, causing confusion and maintaining the status quo.

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3) Judges on information panel: Will they kill the RTI Act?

The Supreme Court (SC) judgment mandating serving or retired judges of SC and High Courts to be appointed as information commissioners, has met with a mixed response from RTI activists. SC ruled that information commissions at the Centre and states will comprise two members, one of whom will be a judicial member, the other an expert. Once implemented, the SC order will put an end to the current selection regime of information commissioners, which, according to many activists, is opaque and arbitrary. A study done by Commonwealth Human Rights Initiative (CHRI) shows that less than 10 percent of information commissioners have non-civil services background. Advocates of transparency in the system have been complaining that having retired bureaucrats working as information watchdogs defeats the purpose of the RTI act. It is seen as a conflict of interest because the person who has served the government for decades is expected to be biased towards it and self-regulate the amount and nature of government-related information that should be revealed. According to the order, the chief information commissioner at the Centre or state level shall only be a person who is or has been a chief justice of the High Court or a judge of the Supreme Court. The information commissioner, ruled the SC, shall be a person who is or has been a Judge of the High Court. Chief information commissioners at the Centre and states will be appointed in consultation with the chief justice of the Supreme Court of India and chief justices of High Courts respectively. Information commissioners at both levels will have to be recruited from the people empanelled by the department of personnel and training (for Centre) and the concerned Ministry (for states). Our view: The SC decision is a classic example of judicial overreach and was uncalled for. The SC order has, in effect, amended the RTI Act when it should have just interpreted the Act. If one goes by the latest SC judgment, effectively, all posts of chairpersons of information commissions will be reserved for serving or retired judges of the Supreme Court or chief justices of High Courts. Under the RTI Act, candidates from all fields of specialisation mentioned in the Act have an equal claim to this post provided they meet the criteria. The SC recommendation amounts to amending the RTI Act through the judicial route instead of merely interpreting its provisions.

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Case study RAMESH AGARWAL an r.t.i activist from the coal belt of chattisghar was shot dead on 8th July 2o12. Mr agarwal through his N.G.O Jan Chetna Manch had filed an r.t.i on jindal steel accusing them of starting production without obtaining clearance from the environmental ministry. Post which a wide outcry followed which in turn resulted into him being shot by unknown assailants who 1st warned him not to proceed with his campaign against jindal what followed was a scuffle at his cyber cafe eventually resulting in him being shot Chhattisgarh accounts for 16 per cent of Indias coal reserves and contributes to over 18 per cent of national production. The deposits are concentrated in the northern part of the State, including Raigarh where rapid industrialisation has led to violent clashes between thermal power companies and villagers living above rich coal seams. Agrawal and his NGO organised village-level opposition to the projects and frequently accused several companies, particularly JSPL, of violating environmental norms and procedures. In April this year, the National Green Tribunal (NGT) cancelled environmental clearance granted for a four-million-tonne per annum coalmine operated by JSPL, after Mr. Agrawal and his associates claimed that the mandatory public hearing held to clear the project did not follow accepted procedures. In its order, the NGT described the hearing as a classic example of violation of the rules and the principles of natural justice to its brim. In June last year, Mr. Agrawal was imprisoned for two months for allegedly inciting a mob at a public hearing organised to grant clearance for a 2,400-MW thermal power plant proposed by Jindal Power Ltd.

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Has really the RTI act made life of the various stake holders better? Until 2005, an ordinary citizen/people had no access to information held by a public authority. Even in matters and services such as food for work, wage employment, basic education and health care,old age pension and food security for poor,it was not easy to seek the details of decision making process that affected or harmed him.Without access to relevant ort necessary information, it was not possible for a common man to participate in a meaningful debate on political and economic options or choices available to him for fulfilling socioeconomic needs. 1) Greater Transparency Every public authority is required to maintain all its records in an organized manner for the use of the public under this act. The public authorities are therefore expected to make disclosures through publication of relevant documents, including web-based dissemination of information. The public authorities are also required to provide as much information suo motu to the public at regular intervals through various means of communication, including internet, so that the public have minimum resort to the use of this Act to obtain information. Thus, there is greater transparency than ever before in the working of the public bodies. In a large number of cases, the Commission has ordered for providing the details of the decision-making processes, which include file noting, cabinet papers, records of recruitment, selection and promotion of staff, documents pertaining to tender processes and procurement procedure, the lists of beneficiaries of the Governments subsidized schemes, such as, food grains supplied through ration shops, water and electricity, domestic gas, educational and health facilities, shelter for poor, muster rolls under employment guarantee schemes, health insurance scheme for poor, old age pension, food security for destitute, etc. The disclosure of such information has resulted in checking corrupt practices. The disclosure of information relating to use of funds allocated to poverty alleviation schemes, MLA/MP local area funds, details of performance of elected leaders, has led to advocacy in the election campaign to highlight the roles of political leaders in fulfilling their obligations. The media and civil society have raised development issues, based on facts about the use of funds as well as the best practices in formulation and implementation of schemes for poor. 2) Promotion of Citizen-Government Partnerships The RTI Act provides a framework for promotion citizen-government partnership in designing and implementation of development programmes for improving quality of life, which leads to increase in peoples options for higher earnings, better education and health care, a cleaner environment and a richer cultural life.
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The principle of partnership is derived from the fact that people are not only the ultimate beneficiaries of development, but also the agents of change. The stakeholders participation leads to better projects and more dynamic development. Under the RTI regime, citizens participation has been promoted through: (a) access to information and involvement of affected groups/communities in design and implementation of projects (b) Empowerment of local government bodies at village level through the involvement and cooperation with NGOs/self help groups. The disclosure of information has enabled the beneficiaries, mainly through NGOs, to assume a central role in design and execution of projects. RTI has instilled a wider sense of ownership in the development activities. Besides, access to information has enabled the people to participate in economic and political processes through a dialogue between people and the government officials or public campaign on public policies. For instance, information obtained under RTI, in respect of utilization of funds allocated under various welfare schemes, have been used by NGOs and media to create awareness among the masses about the contributions of the political leaders, which have had desirable impact on the outcome of democratic process. Therefore, almost all the welfare projects, particularly at the States and Village levels, are being designed and developed in cooperation and support with the NGOs or affected persons, with a view to raising the satisfaction level of people. A high degree of participation by the people in realizing the assured entitlements is unprecedented in the economic history of India. Also, rural to urban migration is, for the first time, showing the sign of deceleration. 3. Greater Accountability The RTI provides people with the mechanism to access information, which they can use to hold the government to account or to seek explanation as to why decisions have been taken, by whom and with what outcomes. In addition, every public authority is required to provide reasons for its administrative decisions therefore there is no scope for any wrong decision. It was not possible for an ordinary person to seek the details of a decision of government, which was found most often, as ineffective in terms of its outcome. It was, therefore, not possible to hold a free and frank discussion on issues of common concern of people or to fix the responsibility for any action. The RTI act has, in effect, created conducive or better conditions for everyone to have a better understanding of how the government works or how a particular decision was taken. Such a chance given to people empowers them to make appropriate choice of leadership and the policies that affect them. This has begun to happen on delivery of socio economic services, particularly for the poor people. For example, being fully aware that the records pertaining to the decision making processes, including file notings, are required to be put in public domain, the concerned officials at all levels objectively record the reasons for the observations made by them. And, due care is taken to formulate a professionally sound policy that meets peoples expectations. Attempts are also made to effectively implement the programmes as the relevant details are proactively disclosed. In effect, thus, the quality of decision making and delivery of services
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have duly improved. Also, due to effective implementation of the flagship programmes for poverty alleviation, and infrastructure development, the mismatch between the planned targets and actual realization has, of late, been minimized, which has enabled the people to build their strengths and abilities to realize their socioeconomic objectives. Even before the RTI was passed and implemented, poverty alleviation and empowerment programmes were implemented but the achievements were always below the general expectations, mainly because of the absence of the transparency and accountability norms. Lack of legal right to know and to scrutinize the public action or to question the authority contributed to inefficiency and corruption resulting in lower outcomes of public activities. With empowered citizens and free flow of information, there is significant quantitative and qualitative improvement in the delivery of services. For instance, disclosure of information relating to: i) attendance of staff in schools has helped in checking teachers absenteeism and students drop out; ii) attendance of doctors and nurses at primary health centres has led to improvement in health care facilities in rural areas; iii) the details of supplies and distribution of food grains through ration shops has assured the reach of entitlements to the beneficiaries; iv) the supply and demand for petroleum products, such as, domestic gas has reduced black marketing; v) muster rolls and beneficiary of employment guarantee schemes has exposed corruption and ensured effective delivery of services to the poor who are entitled for wage employment on demand for at least 100 days in a year @ Rs.60 80 per day, which means additional income of Rs.6000 8000 per year; and vi) allotment of retail outlets (petrol pumps) and agencies for distribution of LPG gs, including the registered beneficiaries has ensured fair play and objective decisions, as reflected from substantial reduction in litigation cases in the matter. The disclosure of the list of beneficiaries for income support like wage employment and subsidized food grains and subsidized services like domestic gas has helped in weeding out the fictitious names, resulting in better targeting of services to the poor and also in reduction in corruption due to checks on black -marketing of subsidized goods and services. As a result of increased Governments accountability in delivery of services, rural to urban migration has, of late, decelerated, as widely reported in the media. This is also corroborated by the findings of a national level survey conducted by the Transparency International and the Centre for Media Studies. The survey has revealed that in the opinions of 40 per cent of respondents (all below the poverty line), corruption and mal-practices in implementation of poverty alleviation programmes have declined due to RTI induced accountability of the Government and its functionaries at various levels. RTI route has generally been followed by a large number of people for resolving disputes between the parties on the issues pertaining to the decisions on administrative, business and commercial matters. Disclosure of information regarding the process of decision making or the grounds for action taken has helped resolve disputes on such issues as claim of refund of taxes paid by the individuals/companies, settlement of insurance claims, payment of dues of contractors, process of sanction and recovery of loans, etc. Since a reply is to be given within thirty days,
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disputes have been resolved faster than never before in the Indias history. A large number of grievances pertaining to service matters, mainly promotion and pension benefits have also been redressed due to openness and promptness in taking action on requests made under the RTI. As a result, filing of appeals in the Courts has substantially declined, as reported, for instance, by the Oil Marketing Companies, which grant dealerships for distribution of petroleum products through retail outlets and domestic gas agencies. The Courts have also advised the petitioners to obtain information under the RTI before filing the cases before the Courts. It thus shows a strong and positive impact of RTI on transparency and accountability of the Government. 4. Reduction in Corruption The culture of secrecy, as known, encourages the government officials to indulge in corrupt practices, which result in lower investments due to misuse of power and diversion of funds for private purposes. As a result, the governments social spending yields no worthwhile benefits, because, for instance, the teachers do not teach, doctors and nurses do not attend health centres, ration card holders do not receive subsidized food grains and, thus, livelihood support is denied, and the promised jobs are not provided to the poor, who are assured of income support. In the process, it perpetuates poverty and harms the poor. It creates an environment of distrust between the people and the government, which impinge upon the development and jeopardize democratic governance. Under the RTI regime, there is unprecedented transparency in the working of public departments. There is thus better understanding of the decision making process and greater accountability of government. This has led to reduction in corruption in the country as evident from the following: i) The Transparency International (TI) has reported that perceived corruption in India has declined, due mainly to the implementation of the RTI Act. This is evident from corruption reduction score of 3.4 (out of 10) in 2008, after an initial rise of 3.5 in 2007, compared to 2.99 in 2006, which indicate a decline in corruption to the extent of 15%. ii) The TI-CMS has recently accomplished an all India survey study of the poor below the poverty line. The views of the poor have been elicited in respect of all the flagship programmes that have been implemented for alleviation of poverty. At least 40 per cent of the respondents have reported that corruption has declined. iii) It has also been observed that wherever NGOs are actively involved in the development activities, the perceived corruption is abysmally low. 5. RTI and its Impact on Major Indicators of Development The challenge of development is to improve the quality of life, which calls for increasing peoples options for higher earnings, better education and health care, a cleaner environment and a richer cultural life. The record of long-term performance show that while there has been steady progress in improvement of the major indicators of development, the achievements fall far short of our expectations. At least, one third of our
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people suffer from all forms of deprivations, such as, inadequate livelihood support, lack of basis education and health care. Of the various factors attributable to slow progress, lack of effective mechanisms for sharing information and knowledge and peoples participation in governance of development projects, is chiefly responsible. Since peoples participation in decision making process is essence of democracy, they have the right to access nformation held by the public bodies. In this backdrop, rights-based approach to development has proved to be very effective in realizing socio-economic goals, as this approach provides legal guarantee for realizing entitlements and promoting empowerment of people. And, the implementation of RTI provides a framework for promoting Citizen-Government participation in development process. People can access information held by the Government to develop an understanding as to how they are affected or how can they benefit from the programmes? While the Government has obligations to function in an open and transparent manner, people have right to observe and scrutinize decision making process, which forms the basis for seeking accountability of the Government. Of late, there has been massive use of right to know by the citizens,including the poor, who have sought to empower themselves with the new ideas, information and knowledge for changing the way they live in. The issue therefore is whether the use of RTI has helped in improving accountability of Government, resulting in realization of entitlements of poor, through effective delivery of services 6.Poverty Alleviation RTI is used as a tool for facilitating effective delivery of socio-economic services. RTI empowers people to seek details about their entitlements and, accordingly, to take informed decisions in all matters affecting them so as to secure equity and justice. Recognizing the significance of right to know for ensuring free flow of information and good governance, the RTI Act exempts the poor from payment of fees of Rs.10/- for seeking information. And, the information is to be furnished within the stipulated period of thirty days, failing which penalty may be imposed. An estimate reveals that at least 20 per cent of the information seekers are those who belong to BPL category. In rural areas, this share is as high as 37% of the total applicants. They have, in general, sought to know the details of services assured to them and the reasons as to why the services meant for them are not reaching them. In the RTI regime, the poor persons armed with information through the exercise of right to know, are getting increasingly involved in designing and implementation of poverty alleviation programmes, as discussed below. 7. Guarantee of Income and Food Security The Governments the Centre and States have launched from time to time a number of schemes for providing wage employment to the poor, the benefits of which have hardly reached them due to ineffective implementation of programmes, including rampant corruption. In the absence of right to information, it was not possible to create conditions for accountability of public servants or authorities, which resulted in both perpetuation of poverty and unproductive use of resources that were allocated for eradication of poverty. In this

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backdrop, the adoption of rights-based approach is significant to wee out corruption and to guarantee the reach of entitlements of poor persons. Accordingly, almost all the poverty alleviation programmes are designed such that a citizen can observe and scrutinize the public activities with a view to providing critical feedback for shaping the policies and programmes that would assure optimum gains to society, particularly the poor. In this context, a mention may be made of the following schemes: i) Implementation of NREGA: With a view to providing work opportunity on demand for at least 100 days in a year and to secure livelihood of people in rural areas, NREGA has been implemented. The right to work has thus been legally guaranteed and the manner in which entitlement for employment is to be claimed has been clearly articulated. Rural poor have been effectively participating in the programme for not only just to secure income security but also to build rural infrastructure, which is critical for raising productivity in the future. In effect, annual income of a rural job card holder has thus risen by Rs.6,000 - 8000 (100 days x Rs.60 80 per day wages), which is in addition to other incomes. The development of rural infrastructure under the scheme would surely enhance productivity of various activities and augment further opportunities for employment and income. In view of the above gains, the rural community in cooperation with the Panchayats (Village Councils) has been effectively participating in changing the landscape of poverty scenario in the country. The outcome is encouraging as the affected persons are able to get their grievances redressed under the provisions of the RTI Act. Taking advantage of the transparency norms, which are built in both the NREGA, and the right to information, people have sought to know the details of schemes and its relevance to the rural community, utilization of funds, payment of wages to the target beneficiaries, etc. The disclosure of relevant details, such as muster rolls, has helped in containing corruption, ensuring the reach of benefits to the target groups and identification of officials responsible for creating obstruction in effective implementation of programmes. The RTI has thus proved very effective in providing grounds for initiating remedial actions with a view to realizing the objectives of public policies. For urban poor, Jawaharlal Nehru Urban Renewal Mission (JNNURM) has been launched to provide basic services, namely, water supply and sanitation, transport, education, health care, etc. Through RTI, citizens ensure effective delivery of services in a time bound manner, which has desirable impact on poverty reduction and quality of life in urban areas. ii) Mid-Day Meals to School Children: As a measure of food security, all the school children are provided with mid-day meals in schools, which not only helps in reducing nutritional deficiency among the poverty stricken children but also enhances their learning attainments due to adequate intake of balanced diets. All the stakeholders, mainly the students, teachers and parents, are able to observe and monitor the service delivery system. Since there has to be almost total openness in operationalisation of the scheme, people have access to relevant information, which they utilize for improving effectiveness of the scheme. This, in turn, assists in reducing both food poverty as well as dropouts, which have been rampant among the children from poor families. In effect, the scheme improves physical health and learning abilities of children. iii) Integrated Child Development Scheme (ICDS): One of the components of this scheme is to provide nutritional support to children from poor families. The use of RTI by the target group, including the NGOs, has
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ensured effective implementation of the scheme to the advantage of the poor children. iv) Grant of Food Security and Pension for the Poor Senior Citizens: With a view to providing income and human security to the poor and destitute, financial assistance to families with low means of subsistence is provided to all poor persons, above 60 years. The grant of pension of Rs.500/per month has been universalized. Moreover, the destitute are entitled for 10 Kgs of food grains per month free of cost. Those who could not claim for their entitlements of pensions or free food grains, for different reasons, are able to do so through the use of RTI. There are umpteen numbers of instances which demonstrate that the people are accessing the above benefits that have been assured by the Government. The issue of livelihood being important as it affects life and liberty of people, information is furnished within 48 hrs as per the provisions of the Act. Since these schemes, namely, ICDS, mid-day meals, NREGS and old age pension cover the entire target population, and the Government is committed to implement these schemes and is actually doing so, there is no reason why the food poverty cannot be annihilated over night. The RTI encourages everyone to ask the Government to explain as to why assured benefits are not reaching them. And, by asking this, grievances are redressed under the auspices of the Information Commission. 8. Delivery of Services under Subsidized Schemes The Governments have launched a number of schemes which make essential services available to the poor at low rates. Under the schemes, such items as food grains, kerosene, sugar, etc, are provided to the poor in order to alleviate costs burden on them. Besides, subsidy is provided for housing, education and health services. i) Public Distribution System (PDS): The implementation of schemes like Public Distribution System (PDS) has, till recently, been adversely affected by unacceptably poor quality of governance at all levels of execution of the scheme, resulting in leakages and siphoning of materials to non-poor. The issue of how to improve the quality of governance at all levels of public administration to curb leakages and plug loop holes has never been effectively addressed. However, under the RTI regime, which seeks transparency and accountability of public bodies, the quality of governance has begun to improve, as discussed above in this paper. As a result, the services meant for the poor are reaching them since the beneficiaries are using RTI to seek such details as the stock of supplies and distribution, rate lists, list of beneficiaries - the disclosure of which ensures weeding out of fictitious names. It has thus been possible to curb corruption and plug loopholes in the PDS, which, in effect, has improved the delivery of services and, thus, reduced incidence of poverty also. ii) Shelter for the Poor: Housing is recognized as one of the human rights since a shelter is essential asset that improves physical and mental well-being of people. Accordingly, under Indira Awaas Yojna (IAY), financial support is provided to the rural poor for construction of houses as per their choice of design and requirement. The scheme is fully participatory between the Government and beneficiaries as per the guidelines which are in public domain. The identified beneficiaries, having known of their entitlements, are able to create effective demand for release of funds, for construction of houses. The instrument of RTI has helped in maintaining total transparency in

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operationalisation of the scheme, which, in effect, minimize corruption and improve satisfaction level of target groups. 9. Education and Health Care Education and health care are critical services for empowerment of people, in general, and the poor, in particular. In the knowledge economy, which is driven by new ideas and technologies, it is not possible to function and expedite the process of national development without enhancing the technical and professional competence of the entire manpower. The share of educated and vocationally trained labour force in the total manpower is one of the lowest, below 5% for the country, as compared to other countries, having a corresponding share of 60 to 80%, with which India has to compete in the global market. The implementation of relevant policies and programmes in the past has yielded less than desired results due mainly to lack of peoples participation in delivery of services that empower the poor. The use of RTI has contributed to improvements in quality and quantity of services under the following flagship programmes. i) Sarva Shiksha Abhiyan: Under this scheme, the Governments have committed to provide minimum school infrastructure for universalization of elementary education. In the absence of any question asked by the major stakeholders, mainly students or parents, quality of education was compromised and there was no check on drop-out or teachers absenteeism. But, under the provisions of the RTI, the citizens have raised issues pertaining to management of the schools, mainly the availability of infrastructure support, teachers attendance, students enrolment and performance, implementation of mid-day schemes, utilization of funds and process of recruitment of teachers.The Government has been providing financial assistance, including scholarships to the students from deprived groups, mainly women, SC/ST, minorities and physically challenged persons. Through the use of RTI, the target groups are able to claim for their entitlements, which was, however, not possible before the implementation of the Act. The participation of deprived groups in the educational processes has thus been encouraged. In effect, thus, there are signs of improvement in the schools performance since the parents and the civil society have asked the school authorities to provide explanations in respect of all those activities, which are contrary to the accepted policies, norms and guidelines and peoples expectations. In the areas of technical and vocational education, including higher education, the governments have articulated plans for expansion of facilities and improvement of quality of teaching and research. Through the use of RTI, the progresses made are monitored by the information seekers, who have raised issues and sought for details relating to the expenditures on various educational activities, namely, admissions and recruitment processes, conduct of examinations including disclosure of answer sheets. The involvement of students and teachers have thus exposed the extent to which relevant policies, norms and guidelines are followed, which, in effect, have been helpful in improving both internal and external efficiency of education system. ii) National Rural Health Mission: Healthcare services have largely remained on paper due to lack of accountability of staff. Using the tool of RTI, the citizens have sought for details of primary health services. The disclosure of such details as stock of medicines and its distribution, procedure for procurement of
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medicines, attendance of medical staff and number of patients treated, etc., has resulted in better management of primary health centres. Thus, in pursuance of the goal of the Mission, access to primary health care 17 has significantly improved, which is due to the use of RTI by the poor, who are ultimate beneficiaries of the rural health policy. The peoples pressure on improvement in health services in urban areas is even more pronounced as the Government hospitals as well as private hospitals have, of late, become somewhat more responsive to the needs of common man, who are duly aware of their human rights than those in rural areas. The RTI has thus created effective demand for improvement in quality of services provided by the hospitals. iii) Aam Admi Insurance Scheme : Under the insurance scheme and family benefit scheme, the Government provides financial support to the specified groups of the poor families. Whenever there is perceived laxity or delay in extending the benefits to the beneficiaries, the implementation agencies have been called upon to explain the reason for delay or denial of assistance to the poor, failing which penal action are initiated against the responsible persons.

10. Basic Economic Infrastructure An informed citizenry, armed with information obtained under the provisions of Act, have not only been promoting participatory governance but also putting considerable pressure on the Government for effective implementation of flagship progranmes like Bharat Nirman. This programme seeks to provide critical infrastructure like rural roads, electricity, water and sanitation for rural population. It is expected that the partnership between citizen and the Government would help create solid infrastructure, which, in turn, would create conducive conditions for improving quality of life.Over two hundred fifty public enterprises under the Central Sector have been engaged in development of infrastructure as well as various utility services in the areas of transport and communication, banking and insurance services, power, etc. Issues relating to efficient management of such enterprises have been raised to seek accountability in terms of the stated objectives. These include disclosure of details pertaining to costs and pricing policies, use of resources, choice of technologies, competition strategy, fairness and objectivity in finalization of tenders, recruitment and promotion of staff. An informed and enlightened citizenry has been able to create conditions for good governance through openness in functioning of public enterprises. In this regard, the following specific nature of cases may be mentioned: i) Manipulations in tendering processes or outsourcing of various services have been major source of corruption or diversion of funds for private purposes. Scrutiny of the decision making processes have discouraged the Government companies from their indulgence in corrupt practices; (ii) The process of selection and award of retail outlets and domestic gas agencies, having been, of late, in public domain has not only checked malpractices in the selection process but also controlled black-marketing of subsidized services, namely, petrol, kerosene and cooking gas; and (iii) People have sought to know the adherence of environmental norms by the

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manufacturing companies for checking water and air pollutions, maintenance of ecological balance, etc., resulting in desirable impact on sustainability of environment. A large number of public enterprises under the States sector have similarly been called upon to improve their performance and show results in terms of their accepted corporate social responsibilities. 11. Empowerment of Weaker Sections : The development initiatives have duly laid emphasis on protection of vulnerable sections of the society, mainly women, SC/ST, minorities and disabled persons. In almost every policy and scheme for promotion of welfare and empowerment of deprived groups, there are relevant components that assure the reach of specified benefits through the policy of preferential treatments and positive discrimination. Having known the entitlements for reservations in employment and admissions in educational institutions, scholarships, old age pensions, health insurance, etc., the citizens have begun to effectively realize the entitlements through the use of RTI. The deficiencies in implementation of policies, if any, have also been raised, which provide necessary feedback for formulating sound policies for empowerment of weaker sections. There are umpteen numbers of cases pertaining to human rights issues that have been raised by the affected persons and groups, who seek accountability of service providers and the concerned departments.

12. Environmental Protection A clean environment is closely associated with issues of human rights. In carrying out their obligations, all the public and private enterprises are required to adhere to specific norms and standards so as to ensure sustainability of environment. The citizens, armed with information, have questioned the polluting units, particularly the regulatory bodies, and sought to know whether the prescribed standards for protection of environment are adhered to. RTI induced peoples pressure on the public authorities has led to: (a) closure of certain polluting units; (b) stoppage of projects having adverse impact on environment; (c) adherence to the norms and standards prescribed by the regulatory bodies; and (d) exposure and identification of officials who are responsible of violation of environmental norms. The NGOs and affected persons have made use of RTI as a tool to monitor the standards for environmental protection. As the polluter has to pay for the damages, the use of RTI has been effective in ensuring environmental sustainability. Finally, the information seekers have sought for details of utilization of funds earmark for MPs/MLAs local area development so as to seek accountability of elected leaders. The activities and performance of peoples representatives, in matters of the development of local areas are considerably exposed, which has begun to show positive sign for democratic governance of projects and efficient utilization of funds. The relevant information is used for the purpose of political campaign to influence the outcome of election results in favor of honest and competent leaders. In effect, thus, RTI has empowered people to Findings:
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Right to know, as a tool to access public held information, has significant bearing on good governance, development and the implementation of flagship programmes for alleviation of poverty. A common man, like an elected Member of Parliament (MP), is empowered to seek accountability of the Government in terms accepted policies and approved budgetary expenditures. The Central and the State Information Commissions have played a critical role in enforcing the provisions of the Act as well as educating the information seekers and providers. Without their statutory interventions, including use of penal provisions against the public authorities, the benefits of RTI could not have been used by the citizens and the society. The implementation of the law of RTI, therefore helps well in strengthening the knowledge society as well as for increasing the accountability of public bodies. The trend in improvement in delivery of services, due to the perceived good governance, provides sufficient indication for alleviation of poverty, good health and liquidation of illiteracy in a much shorter duration RTI has enabled people to participate in the process of development, which has resulted in reduction of corruption and establishing an open and participatory governance system. In effect, RTI protects and promotes the socio-economic interests of every citizen, particularly the poor, who are receiving the benefits of development as per their entitlements. Recommendations: 1)All the development projects, particularly poverty alleviation programmes should incorporate transparency and accountability norms to allow for objective scrutiny of the process of execution of programmes and to asses the extent of adherence of the norms of equity and justice in delivery of essential services to the persons who are entitled for the specified benefits. 2)With a view to gain the benefits of RTI for rapid poverty reduction, the Government should develop the capacities for access to information. The capacities of both the public authorities (i.e. the duty bearers) and the citizens (i.e. the claim holders) may have to be enhanced, for which a two-pronged strategy would be needed. i) A comprehensive Information Management System should be developed by each public authority for storage and retrieval of data and information that may be shared with anyone who seeks to inspect the records and use the information for development purposes. Use of information technologies would not only facilitate faster dissemination of information but would also reduce the costs of servicing and sharing information. ii) In order to properly manage the demand for information from the NGOs, in general, and the citizens, in particular, a concerted effort should be made to create mass awareness among the people to promote information literacy. Awareness level among the poor is less than 10 per cent, which is a major obstacle in reaping the benefits of RTI for securing entitlements to the poor.

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3) In view of high illiteracy among the poor, a multimedia approach should be adopted to educate and train people of diverse linguistic backgrounds. They should be enabled to decide and select as to what information should be sought for and that from where and how? Besides, they should also know as to how to make best use of information for effective participation in economic and political processes. This alone can ensure cost-effective use of the provisions of the RTI Act and promote efficient use of resources that are allocated for development purposes, including poverty alleviation. 4)The role of NGOs is critical for creating effective demand for maximum disclosure of information relating to public activities so that an informed citizenry can participate in designing and implementation of socio-economic programmes. This task is challenging in deed. At least, one-third persons, largely illiterate, have awfully low level of awareness about RTI and the manner in which it could be used as a tool to ensure the realization of their rights. Therefore, increase in awareness about the human rights and how to realize them would lead to a strong multiplier effects to eradicate poverty and to create necessary conditions for good governance, of which all the stakeholders would be proud of. 5) Democratization of information and knowledge resources is critical for peoples empowerment to realize their rights as well as to create opportunities for enhancing the options for improving quality of life. The strengthening of RTI is important for effective governance.

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QUESTIONNAIRE 1) Has the RTI act improved the efficiency of the government employees? Yes No 2) Do you think the RTI act has brought more empowerment to citizens? Yes No 3) Do you think that the government departments under the domain of the act have been able to bring better transparency in their work? a) complete transparency b) some transparency c) little transparency d) no transparency 4) Has the RTI act been able to encompass all the sections of the society? a) All sections b) Some sections c) Few sections d) No sections e) only selected sections

5) Has the various department employees brought a change in the attitude and approach with respect to RTI and their working? a) Complete change b) Satisfactory change c) fair change d) little change e) no change 6) What do you think does the RTI act provides justice in cases pertaining to rural matter and does it bring a change in life of the rural population? a) Yes
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b) No 7) Do the NGOs as stake holders have been empowered by the act? a) Yes b) No 8) Did the use of the provisions of the act by the NGOs brought any change or development for the public? a) Yes b) No 9) Has the RTI act increased the level of ethics in government Employees, NGO, Politicians and public? a) complete increase b) satisfactory increase c) fair increase d) little increase e) No increase 10) Has the RTI act been successful in bringing a sense of responsibility in the various stake holders? a) Complete success b) Some success c) Little success d) No success 11) Has the RTI act been able to enhance the working of the legal/judicial authorities (courts, magistrates etc.) a) Completely b) Satisfactorily c) Fairly d) No enhancement 12) Has the RTI act been able to provide empowerment to weaker sections of the society? a) Complete empowerment b) Satisfactory empowerment c) Fair empowerment d) No empowerment
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13) What do you think, whether the people have been able to keep a check with the help of the RTI act on the implementation of the various schemes of the government like MNREGA, development projects etc.? a) Complete check b) Some check c) Little check d) No check

Survey

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Our Survey
Q.1 Has RTI improved efficiencyof government employees?

Yes No

Out of the 45%respondentswho said the efficiencyof government has improved, m ost people were unsatisfiedwith the way people of our country are not usingRTI to its full capacity. Most were of the view that we, as citizens and stakeholdershave to act responsiblywhenever we were to find some fault with anythingin our surrounding.

Our Survey
Q.2 Has RTI been able to encompass all sections of society?

Some Sections No Sections

Most respondentssaw a scope of improvement fromgovernment when it comes to makingits workingmore transparent.

CONCLUSION
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Based on our survey findings RTI has played a role in understanding and enhcancing the transparency and accountability in the government functioning.

It has been able to encompass several sections of the society It has been able to empower the weaker sections of the society. RTI has brought in light several number of scams in the system.

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BIBLIOGRAPHY

http://articles.timesofindia.indiatimes.com/2012-04-02/india/31275012_1_rti-act-amendments-rtimovement http://www.rtiindia.org/forum/89843-rti-point-view-government-trying-make-amendments-rti-act.html www.freedominfo.org www.yashada.org www.vakilno1.com

www.cic.com

RTI, 2005 IMPLEMENTATION AND CHALLENGES -R.K. GUPTA -P.K. SAINI

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