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Agenda

• Introduction to the Right to Information Act 2005

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A. GlobalA. Global• Sweden – 1766• UN Assembly Resolution, 1948

People’s right to have access to official information –– Freedom of Information as Fundamental Human Right

• USA Act, 1966 - amended after ‘Watergate’

• 70 Countries have already enacted the Right to Information (North America, Most of Europe, Australia, Columbia, Peru, Japan)

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BackgroundBackground

B)B) NationalNational• Supreme Court Ruling,1982

Disclosure of Information as regards the functioning of Government must be the rule and secrecy an exception

• Sheela Barse v/s Govt of India Case,1985 Information about juvenile delinquents in custody

• Mr. Kulwal v/s Jaipur Mun.Corp. Case,1986 Freedom of Speech and Expression (Art 19) implies right to information

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RIGHT TO INFORMATION ACT 2005

An Act to ensure Article 19(1)(a)“……..freedom of speech and

expression”To ensure practical regime of Right to

Information to the citizensTo have easy access to the information held by

Public AuthoritiesTo enhance transparency and responsibility in

every Public AuthorityTo institute Central/State Information

Commissions

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Why RTI Act ?

• The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused

-Mahatma Gandhi

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Why RTI Act ?

Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed

• RTI declares that sovereignty is vested in the citizen

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Salient Features

• Public Authority

• PIOs and APIOs

• Definition of Information

• Obligations of the PIOs

• Appellate Authority

• Commission

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RTIA’05 PYRAMID

COMMISSION

APPELLATE AUITHORITY

PUBLIC AUTHORITY

CITIZEN

INFORMATION

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Public Authority

• 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

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Public Authority (Contd…)

• (d) by notification issued or order made by the appropriate Government:

=body, owned, controlled or substantially financed;

=NGOs substantially financed, directly or indirectly by funds provided by the appropriate Government

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Definition of Information

• records, documents, memos,

• e-mails, opinions, advices,

• press releases, circulars,

• logbooks, contracts,

• reports, papers, samples,

• models, data, material in electronic form

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Definition of Information (Contd…)

• Information relating to any private body which can be accessed by a Public Authority under any other law for the time being in force

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Record

• any document, manuscript and file;• Any microfilm, microfiche & facsimile

copy of a document• Any reproduction of image(s) embodied in

such microfilm (whether enlarged or not); and

• Any other material produced by computer or any other device

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Information in all Media

E-mail

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What is Information?

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What is Information?

Samples / Models

CD Floppy

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Right to Information

• inspection of works, documents, records.

• taking notes, extracts or certified copies of documents or records.

• taking certified samples of material.

• Obtaining information in the form of diskettes, floppies, tapes, video cassettes,

• Or in any electronic mode or through printouts where such information is stored in a computer or in any other device

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Obligation of PIOs & APIOs

• PIOs are designated by PAs• PIOS shall:• Receive application and provide reasonable

assistance to citizens• Give information or, if declined, give reason and

details of Appellate Authority • APIOs shall receive application and forward to

concerned PIOs within 05 days

• (Section 5(4),5(5) and Section 20 of RTIA’05)

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Penal Provisions

• If information not given within time,

• or if denied to give information,

• or if the given information is wrong

• fine of Rs 250/-per day

• free supply of information thereafter

• compensate loss of citizen and PA

• disciplinary action as per conduct rules

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Time-Limit

• PIOs to give information or reason for not giving, within 30 days

• If applied to APIO, 35 days

• If a case of life and liberty, 48 hours

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Fees and Cost• Application fee: Rs 10/- Bank Receipt, Cash• Prescribed fees: Xerox charges @Rs 2/- per

page• Cost of certified samples as per certified

rate• Inspection: One hour free. Thereafter Rs 5/-

per 15 minutes of fraction thereof

•BPL CITIZENS NOT TO PAY application fee and prescribed fees

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• Disclosure a rule and Secrecy an exception

• Transparency means public interest

• Public Interest overrides

• Part of Global Process.

• Governance will improve

• Informed Citizenry

Basic PremisesBasic Premises

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Proactive Disclosure . . . Proactive Disclosure . . .

Identification & listing of Public Authorities

Proactive Disclosure is a continuous process.

More & more information will flow from the mandatory disclosure under sec 4 (1) (b)

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Why proactive disclosure?Why proactive disclosure?

– Will create a culture of openness– What is to hide?– E - Governance– It will streamline Record Management– Number of applications under RTI will

reduce– A step towards less paper office

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Exemption clauseExemption clause

• National security • Trade secrets/IPR/copyright• Privacy• Foreign relation• Danger to life & physical safety• Impede the investigation• Cabinet papers• Public interest v/s protected interests

THE SECOND SCHEDULE (see Section 24)Amended

• The List of 22 exempted organizations is given below:01. Intelligence Bureau, Ministry of Home Affairs

02. Directorate of Revenue Intelligence, Ministry of Finance

03. Central Economic Intelligence Bureau, Ministry of Finance

04. Directorate of Enforcement, Ministry of Finance

05. Narcotics Control Bureau

06. Aviation Research Centre

07. Special Frontier Force

08. Border Security Force, Ministry of Home Affairs

09. Central Reserve Police Force, Ministry of Home Affairs

10. Indo-Tibetan Border Police, Ministry of Home Affairs

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11. Central Industrial Security Force, Ministry of Home Affairs

12. National Security Guard, Ministry of Home Affairs

13. Research & Analysis Wing of The Cabinet Secretariat

14. Assam Rifles, Ministry of Home Affairs

15. Sashastra Seema Bal, Ministry of Home Affairs

16. Special Protection Group

17. Defence Research and Development Organisation, Ministry of Defence

18. Border Road Development Organisation

19. Financial Intelligence Unit, India

20. Directorate General Income Tax (Investigation)

21. National Technical Research Organisation

22. National Security Council Secretariat

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Harm to Individuals

Health and safetyWhere release could harm the:-

• physical or mental health of any individual• the safety of any individual

Personal information relating to a third party• when disclosure would infringe their

personal information or violate their privacy rights

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Harm to Organisations

Legal professional privilegeInformation where a claim tolegal professional privilege can be made (legal advice)

Commercial interestsInformation which:•constitutes a trade secret•would be likely to prejudice the commercial interests of an individual or organisation

Information provided in confidenceWhere information is obtained from any person in confidence and to disclose it would be an actionable breach of confidence,

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Harm to the NationNational securityInformation which could jeopardise national security DefenceAny information likely to compromise the defence of the country or prejudice the effectiveness, capability or security of armed forces or intelligence servicesThe economyIf disclosure of any information would prejudicethe economic interests of the countryInternational relationsAny information likely to prejudice relations between the country and any other state, internationalorganisation or court ,or confidential informationobtained from another state, international organisation or court.

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Investigations and Audits

Investigations and proceedingsconducted by public authorities Information held for the purposes of criminal

investigationsor proceedings, such as ascertaining whether a personshould be charged with an offence

Law enforcementInformation likely to prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, the administration of

justice,

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Other reasons for not complying with a request

• disproportionate cost

• information not held (no requirement to obtain it or create it?)

• information held but not in the form requested, or not held centrally

• vexatious (the request is unduly unreasonable or not genuine but aimed at disrupting work or harassing officials)

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Further Reference

• DD News Saturday 10:30am, JAANNE KA HAQ

• www.cicsikkim.gov.in

• www.sikkim.gov.in

• www.rti.org.in

• www.rti.gov.in

• www.righttoinformation.gov.in