The Right to Information Act came into
force on the 12th of October, 2005 and gives the citizens of
India the right to examine works, documents and records, take
notes and extracts of certified copies of government documents
and statistics. It also empowers citizens to take samples of
material and get information in the electronic and print
format.l
The authority of the RTI Act is reposed
in the Central Information Commission, headed by the Chief
Information Commissioner and his team of ten Central
Information Commissioners.
The Act applies to all States and Union
Territories of India except the state of Jammu and
Kashmir.
Obligations of
Public Authorities
The Act makes it obligatory for every
public authority to maintain, catalogue and index all its
records in such a manner so as to facilitate easy access
through a country-wide computerized network.
The Act binds public authorities to
publish information that is relevant to devise important
policies and announcements. Under the Act, its administrative
and quasi-judicial decisions are open to question by citizens
affected by them.
Every public authority maintains a record
of its organisation, role and responsibilities; of its staff;
the procedures, norms rules and regulations they follow; the
budget allocation and the implementation status of projects;
and the names of the Public Information Officers
The public authorities are expected to
disseminate information to the public at regular intervals
through the media and the internet so as to minimize the use
of the Act to extract information.
Request for
Obtaining Information
The RTI deems it necessary to appoint an
officer at each sub-divisional and sub-district level as a
Central Assistant Public Information Officer/State Assistant
Public Information Officer to address applications under the
Act, and forward them to the Central Public Information
Officer.
A written application to the Central
Assistant Public Information Officer/State Assistant Public
Information Officer can be made in English, Hindi or the local
language stating the details of the information required by
the individual. The application can also be accepted through
electronic means. In case the applicant is unable to
communicate his request in writing, the assistance of the
officer in charge can be sought.
The RTI Act does not require the
applicant to submit any reason for his request for
information, nor does he have to produce any personal details
other than his contact information.
In case the application applies to a
department other than the public authority applied to, the
same is forwarded to the appropriate authority by the
receiving officer.
Disposal of
Request
The Central Assistant Public Information
Officer/State Assistant Public Information Officer is bound to
provide the information within 30 days of receiving the
application or reject the application.
In a case where the life of an individual
is in question, information is provided within 48 hours of the
request.
The Central Assistant Public Information
Officer/State Assistant Public Information Officer is to
inform the applicant of the details of the fee required to be
paid for accessing the information. The number of days spent
on such communication and dispatch of the information are
exclusive of the 30-day period. Some governments may waive the
fee charges for persons below the poverty line. The fee
charges are also waived if the 30 day period is not complied
with.
In case the request is rejected, reasons
for the same have to be given, along with particulars of the
appellate authority and the period within which an appeal
against the rejection can be made.
The information asked for is provided in
the form desired by the applicant, unless the request is
beyond the purview and resources of the public authority, or
compromises on the security of the information in
question.
Exemptions
As per the RTI Act, information asked for
may not be provided if it endangers the security and
sovereignty of the country, and has been prohibited by a court
of law. If the information demanded involves infringement of
trade secrets or intellectual property or threatens the life
of another person, or interferes with the proceedings against
an offender, the request is not met with by the public
authority.
The Central Assistant Public Information
Officer/State Assistant Public Information Officer would also
refrain from extending information if it is damaging to
another individual’s privacy, unless the public’s larger
interest is in question.
The Act, however, promises to provide
access to that part of the information which is not damaging
to public and private interests. The Central Assistant Public
Information Officer/State Assistant Public Information Officer
would have to inform the applicant that only part information
is being provided, and the reason for the decision. The
applicant is also entitled to know the name and designation of
the official giving such a
decision.