Right to Information Act-2005,The Common Man's BRAHMASTRA

JATINDER JAIN
Monday, 09 November 2009

India got Independence in 1947 and proclaimed itself
a Republic in 1950, with a great Constitution.
However, in practice, a brown elite replaced the
white masters and Swaraj did not come.

Mahatma Gandhi had said, “Real Swaraj will
come not by the acquisition of authority by
a few but by the acquisition of capacity
to resist authority when abused.”
A few did acquire the authority and retained it

The Right to Information is derived from
our fundamental right of expression
under Article 19 of the Constitution of India.

If we do not have information on how our
Government and Public Institutions function,
we cannot express any informed opinion on it.
This has been clearly stated by various
Supreme Court judgments, since 1977.

Citizens Right to Know is paramount.
Since the Government is run on behalf of the
people, they are the rightful owners who have
a right to be informed directly. Nine States
had enacted the Right To Information Acts
across India. On 11 and 12 May, 2005, the
two houses of Parliament passed the Right
To Information Act as Act 22 of 2005.
This become operational from 12 October, 2005 –
significantly Vijayadashmi.

The Importance of RTI

1. At the price of Rs.10, it provides the facility
for Citizens to get information on the Government's
actions and decisions. If you send your application
by registered post or courier, the extra cost will be
about 10 to 25 Rupees. The cost of getting the
information of about five pages would be Rs. 10/.
Even if you add the postage cost of getting the
information the total will be about 70 rupees.
The law mandates that the information has to be
given within 30 days.

2. If a few thousand Citizens spend about
Rs. 70 per month and about an hour in their
own house they can file a new RTI application
and get information about matters, which concern them.
The power of getting accountability,
reducing corruption, impacting policy
decisions and ensuring better governance
is now with us. We missed our opportunity in 1950,
but have another chance now.
YOU individually can make a big contribution
to getting the Nation we want.
A small effort from our own house,
can bring Swaraj.

What can the Right To Information Act do?

1. It restores to Citizens the right to get
information on rules, expenditure, reasons
for taking decisions, copies of Government
orders, agreements, Audit reports and so on.
Virtually most activities of the Government
can be monitored by the people.

2. Any Citizen can use RTI, without going
to any Government office, and with a very low cost.

With a ten rupee fee and a proper format,
a Citizen initiates a very powerful legal
course, which entitles him to information,
which can be demanded by MLAs and MPS on the
floor of the house! You do not have to get
forms from anywhere. Just use the format,
specified in some States.

3. Citizens have felt helpless as individuals
to question or correct wrongs as individuals.
This Act restores the majesty of the Citizen
and empowers him to use the Power of ONE.

4.It can convert our purely electoral democracy
into a true participatory democracy, by which we
can get and monitor better governance, and
also be early participants in framing policy.

Right to information is defined under Section 2(j) as:

"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 -
inspection of work, documents, records;

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

2.taking certified samples of material;

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; ‘

3. Information can be demanded from all Public
authorities, ie. all Govt. bodies and organizations
substantially financed by Government including NGOs
and aided schools and Colleges.

4. A time period within which information must
be provided, namely 30 days.

Method of giving the information.

1. Ten exemptions of information- Section 8 (1),- which
will not be given. However Section 8(2) specifies that
if there is great Public interest in disclosure, all
information must be given, even if it is exempt.

2. Citizens can ask for information by getting Xerox
copies of documents, permissions, policies and decisions.

3. Inspection of files can also be done and samples can be asked for.

4. All administrative offices of public authorities
have to appoint ‘Public Information Officers (PIO)’
or ‘Assistant Public Information Officer’ (APIO).

5. Citizens apply for information to the Public
Information Officer of the concerned office.

6. If information is not provided or wrongly refused,
the Citizen can go in appeal to an Appellate Authority
who would be an official in the same department, senior
to the PIO. The Appellate authority has to give a
decision in 30 days.

7. If this too does not give a satisfactory result,
one can appeal to the State or Central Information
Commissioner, which is an independent Constitutional
Authority, established under the Act.

The Act provides for a penalty for delay on the PIO
at a rate of Rs. 250 per day of delay, or for malafide
denial of information, or giving false information.
In case of information being delayed, no charges for
information are to be paid.

Thus RTI provides for a time bound and defined process
for Citizens to access information about all actions
taken by Public authorities. The penal provisions on
the PIO are the real teeth of the Act, which ensure
that the PIO cannot treat Citizen’s demands for
information in a cavalier manner

Make the RTI application clearly defining the
information you are seeking in Appendix A, sign it
and take a xerox copy for your record. Send it to
the office from which you are seeking information.
If you or your representative is delivering it personally,
get an acknowledgement on the Xerox copy.
You can also
send it by courier, or registered post, in
which case you should keep the acknowledgement.
Some offices cause problems in accepting hand-delivered
requisitions. In such cases, courier or post is advisable

Jatinder Jain
O/o SANKALP
135, BHATTAN STREET,
SUNAM-148028
DISTT SANGRUR
PUNJAB
PH 09417601110, 01676222299