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RIGHT TO INFORMATION ACT-2005

Presented by

Sainatth Wagh

Right to Information Act, 2005 it comes


into force on the 12th October 2005 (120th
day of enactment on 15th June, 2005).
Information disclosure in India was until
then restricted by the Official Secrets Act,
1923 and various other special laws, which
the new RTI Act now relaxes.

If you have knowledge, let others light their candles by


it.
WHAT DOES INFORMATION MEAN?
'Information' as a term has been derived from the Latin
words 'Formation' and 'Forma' which means giving
shape to something and forming a pattern respectively.
Information means any material in any form including
records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in
any electronic form and relating to any private body
which can be accessed by a public authority under any
other law for the time being in force but does not include
"file noting" [S.2(f)].

WHAT DOES RIGHT TO INFORMATION MEAN?


It includes the right to
i. Inspect works, documents, and records.
ii. Take notes, extracts or certified copies of documents or
records.
iii. Take certified samples of material.
iv. Obtain in form of printouts, diskettes, floppies, tapes,
video cassettes or in any other electronic mode or
through printouts. [S.2 (j)].

WHY PUBLIC AWARENESS?


Right to Information is a Peoples Right.
People have to use the Act for it to be effective
By creating an informed public, the Government will
ensure that the Act is used actively and effectively

THE NEED AND IMPORTANCE OF RIGHT TO


INFORMATION

Knowledge is power and freedom of information


is vital to the advancement of knowledge
society.
The right to information has been recognized as a
fundamental human right, which upholds the
inherent dignity of all human beings. The right
to information forms the crucial underpinning of
participatory democracy - it is essential to ensure
accountability and good governance.

CONSTITUTIONAL GUARANTEES IN RESPECT


TO RIGHT TO INFORMATION
As early as in 1976, the Supreme Court said in the
case of Raj Narain vs State of UP, that people
cannot speak or express themselves unless they
know. In the same case, Supreme Court further said
that India is a democracy. People are the masters.
Therefore, the masters have a right to know how the
governments, meant to serve them, are functioning.
These three principles were laid down by the
Supreme Court while saying that RTI is a part of our
fundamental rights.

Article 19(1) (a) of the Constitution guarantees the


fundamental rights to free speech and expression.
The prerequisite for enjoying this right is knowledge
and information.
Therefore, the Right to Information becomes a
constitutional right, being an aspect of the right to
free speech and expression which includes the right
to receive and collect information.
This will also help the citizens perform their
fundamental duties as set out in Article 51A of the
Constitution. A fully informed citizen will certainly
be better equipped for the performance of these
duties. Thus, access to information would assist
citizens in fulfilling these obligations.

IF RTI IS A FUNDAMENTAL RIGHT, THEN WHY


DO WE NEED AN ACT TO GIVE US THIS RIGHT?
we need a machinery or a process through which we
can exercise this fundamental right. Right to
Information Act 2005, which became effective on
13th October 2005, provides that machinery.
Therefore, Right to Information Act does not give us
any new right. It simply lays down the process on
how to apply for information, where to apply, how
much fees etc.

In S P Gupta vs. Union of India AIR 1982 SC (149),

Popularly known as Judges case. The Supreme


Court by a generous interpretation of the
guarantee of freedom of speech and expression
elevated the right to know and the right to
information to the status of a fundamental
right, on the principle that certain
unarticulated rights are immanent and
implicit in the enumerated guarantees.

Recently in Union of India v. Association for


Democratic Reforms(2002).

The court held that the freedom of speech and


expression includes right to impart and receive
information which includes freedom to hold
opinions, and therefore, covers right to get material
information with regard to a candidate who is
contesting election for a post which is of utmost
importance in the democracy.

PUBLIC AWARENESS AND EDUCATIONAL


PROGRAMMES SECTION- 26 of RTI Act 2005

26. (1) The appropriate Government may, to the


extent of availability of financial and other
resources, (a) develop and organise educational
programmes to advance the understanding of the
public, in particular of disadvantaged
communities as to how to exercise the rights
contemplated under this Act;
(b) encourage public authorities to participate in
the development and organisation of programmes
referred to in clause (a) and to undertake such
programmes themselves;

(c) promote timely and effective


dissemination of accurate information by
public authorities about their activities;
and
(d) train Central Public Information
Officers or State Public Information
Officers, as the case may be, of public
authorities and produce relevant training
materials for use by the public authorities
themselves.

SOME OBLIGATION LIES ON THE


GOVERNMENT

Undertaken many campaign, either in


electronic or in print media for making
RTI popular among people
Develop and organize educational
programmes to advance the
understanding of the public, in particular
of disadvantaged communities

NOW WE DISCUSS ABOUT VARIOUS INSTITUTION


IN SPREADING AWARENESS ABOUT RTI ACT 2005

This legislation provides opportunities to Civil


Society Organizations(CSOs) to be involved in
governance and social transformation processes
by using the Act as a weapon to monitor, review
and evaluate Government policies, programmes
and schemes.

The mass awareness campaign in Andhra Pradesh was


implemented with the joint efforts of the United Forum
for Right to Information (AP) and the Centre for Good
Governance. In the year of 2007
Associated with Human Rights Law Network (HRLN),
Social Educational and Economical Development Society
(SEEDS)

The Haryana Institute of Public


Administration, Gurgaon in association with
IC Centre for Governance, New Delhi
organized a Workshop on Right to
Information on 17.11.2006
Again National Campaign for Peoples
Right to Information (NCPRI) seeks to
empower people and to deepen democracy,
through promoting peoples right to
information.

The department is concerned with


primary, secondary and teacher
education in Andhra Pradesh.
Commissioner/Director of School
Education is the Head of the Department
of School Education to give information
under rule 4(1)(b) of Right to
Information Act 2005.

Objectives
To provide access to school education to all the children in
the age group of 5 15 Years.
To enroll all school age children in the Schools.
To ensure quality in Education.
DEVELOPING A BASIC PLAN FOR RAISING PUBLIC
AWARENESS ON RTI AND THE RTI ACT 2005 (JULY
2005)
Identifying Partners

Government
Information & Publicity Directorate : to take a lead
on disseminating information on RTI to all
Departments.

Universities
Urban : Cities . Municipal Councils,
Housing Societies,Cooperative Societies etc
Rural : Villages .Panchayati Raj Institutions:
village pradhans, elders etc,
Youth : Cities & Villages via government
and local schools (pathshalas, madrasas),
Universities, Training Institutes
Senior and Secondary High Schools,
Universities

Public Education Materials


Print (Newspapers, Journals): Weekly press
releases updating on progress.
RTI in school and university curriculum.

The Central Information Commission


organized the National Convention on
Right to Information on completion of one
year of its enforcement at Vigyan Bhavan,
New Delhi during October 13 to 15, 2006.

Recently in the year of 2008 held a


workshop in Uttarakhand. On the 12 and
13th of October 2008 the Mountain
Childrens Foundation and Asha for
Education, Silicon Valley (Asha SV) held
a workshop with 72 children from 18
different partner organizations all over
Uttarakhand.

WHAT TO DO FOR SPREADING AWARENESS OF RTI


ACT 2005 BY THE EDUCATIONAL INSTITUTION AS
WELL AS OTHERS INSTITUTIONS

Users Guide, Articles,Advertisements,Posters,


Pamphlets etc.
School,Curriculum,debates,competitions etc.
Make various workshops ( like District Level
Workshops on Right to Information (RTI)Madhya
Pradesh, September 2005)
Organised campaign in many places rural as well as
urban area

Organised seminar on RTI Act in many educational


institution and also in many other institutions etc.(.(like
Regional Seminar on Right to Information Jointly
organized by MEDIA INFORMATION AND
COMMUNICATION CENTRE OF INDIA )

Making Various Aviyan regarding RTI Act (Madhya Pradesh


Suchna Ka Adhikar Abhiyan, led by an NGOnamed Sandhan )

Making Various Aviyan regarding RTI Act (Madhya Pradesh


Suchna Ka Adhikar Abhiyan, led by an NGOnamed Sandhan )

Right to Information Awareness through Quiz (Quizzing


section at RTI India Portal. The purpose is to bring about
awareness and improve the knowledge of the community,
Sep 2006 Location: New Delhi)

Lastly we now say that this right is important not


only for the exercise of political and civil rights
but also social and economic rights. Independent
information is also important for the people to
make informed choices. Now we should think
broadly that it is the one of the obligation
educational institution as well as Government
and other institution and NGOs in spreading
awareness about right to information act-2005

THANK YOU

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