Right to Information Right to Information Act,2005 An overviewAct,2005 An overview

Nayana RenukumarCentre for Good Governance

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Flow of presentationFlow of presentation

Need for access to information RTI- Key concepts Evolution of RTI in India Right To Information Act, 2005 -Provisions RTI and social accountability Good practices Positive impacts Key issues Recap

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Need for access to Need for access to informationinformation

Freedom of information, fundamental human right - UN General Assembly 1946

Informed citizenry instrumental for good govt.

Promotes transparency and accountability Enables participation Protect civil liberties Antidote to corruption“Sunlight is the best disinfectant” - U.S. Supreme

Court Justice Louis Brandeis

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RTI- Key conceptsRTI- Key concepts

Transparency & accountability in government functioning

Right of citizen to seek information Duty of govt. to meet requests and pro-

actively make information available Responsibility on all sections :Public

authorities, CSOs, citizens, media

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Evolution of RTI Act in IndiaEvolution of RTI Act in India

Product of grassroots social movement by an

NGO

National People’s Campaign for RTI, 1996

Freedom of Information Act, 2002

Passage of State level RTI Acts

Central government commitment to RTI - 2004

Central Act passed in June 2005India is the 48th country to pass RTI

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Right to Information Act, Right to Information Act, 20052005

Came into being on 12th October, 2005 Applicable to:

Whole of India except Jammu & Kashmir Center, State and local governments Bodies owned/controlled/substantially funded

by govt. Executive, judiciary and legislature

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‘‘Right to Information’Right to Information’

Information – Records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data or material held in any electronic form

Includes the right to- Inspect public work, documents, records Take notes or certified copies of records Take certified samples of material Obtain information in electronic or print form

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Institutional set up for RTIInstitutional set up for RTICentral Information

Commission

Chief Information Commissioner

Information Commissioners (7)

State Information Commission

State Chief Information

Commissioner

State Information Commissioners

Central Public Information

Officers (CPIOs)

Central Assistant Public Information Officers (CAPIOs)

State Public Information

Officers (PIOs)

State Assistant Public Information Officers (APIOs)

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Pro-active disclosurePro-active disclosure

RTI mandates proactive disclosure Make information readily available

Obligations of Public Authority Maintenance of Records Publishing relevant information Publishing facts related to decision-making Providing reasons for decisions to affected

persons

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ExemptionsExemptionsInformation Related to Intelligence and security agencies Affecting sovereignty, security, special interests

of country Affecting competitive position of third party: Trade

secrets, IP, Comm. Confidence, copyright

Forbidden by court /breaching privileges of legislature

Exemptions will be overridden if public interest in disclosure outweighs the need to protect special

interests

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AppealsAppeals

Dissatisfaction with information from PIO First appeal Officer higher in status

over PIO Dissatisfaction with higher official’s action

Second appeal State/ central information commission

IC directs PIO to provide information or penalize if found faulty

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Penalty•Unreasonable delay – Rs 250/day - Rs 25,000•Malpractice -up to Rs. 25,000 •Dept. action

No criminal liability

Access to Information in Access to Information in IndiaIndia

Cheap: Fee for information: Rs.10, nil for BPL

Simple: Application on a white paper

Quick : Response within 30 days in normal case, within 48 hours for life & liberty considerations

No need to give reason for seeking information

Nodal officer in every department to provide information

Appellate mechanism to monitor RTI

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RTI and social accountabilityRTI and social accountability The RTI Act can be coupled with Social

Audit to ensure the following: Access to public records for audit Provide for the community to verify recorded

information Facilitate a regime of transparency and

accountability

Social audit process

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Obtaining records to be audited through RTI application

Audit of records and documents

Identifying gaps and

lapses

Public hearing

based on audit

Corrective actions

Application of RTIApplication of RTI

RTI to enhance PHC service delivery Information related to functioning of the PHC:

Attendance of staff Field visits of PHC staff Stock registers Inventory of medicines No. of Outpatients treated No. of Surgeries Samples of medicines

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RTI Good practicesRTI Good practices

RTI call centre: File RTI application through phone call

National RTI help line : Answer queries on RTI

RTI help desks in government offices: Assist citizens file application

National Convention on RTI Capacity Building for Access to Information

(CBAI) UNDP, GoI, CGG, YASHADA Capacity building initiatives: Supply & demand side Mass awareness campaigns

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RTI Good PracticesRTI Good Practices

Use of ICT for RTI Online access to documents, files, orders & sta

tus of applications - CIC Online application and tracking– APSIC National RTI portal - GoI Resource portal on RTI – CGG Civil society initiatives Public audits using RTI information Information dissemination on RTI using media Short documentaries & booklets on RTI

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Positive impactsPositive impactsUse of RTI To get basic entitlements and rights To get individual grievances resolved To monitor government works and services at

community level Cases Exposes fraud in muster rolls of Employment

Scheme Unearths corruption in public procurement RTI enabled monitoring of public distribution

system, quality of education, implementation of social security schemes .

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Key issuesKey issues

Low awareness about act Limited resources of Public

Authorities Poor records management Poor proactive disclosure practices Backlogs in Information Commissions

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Summing up….Summing up…. RTI is an important accountability instrument India has strived to make RTI citizen friendly

Cheap, simple, quick Minimum exemptions & proactive disclosures Strong institutional mechanism

Proactive efforts from public authorities Success stories from all over the country

Too early to assess the impacts; long way to go

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