A brief about the RTI and why it should flourish

Dispute redressal mechanisms and institutions

Accessibility to information is a necessity in a democratic society to encourage people’s participation .If people would have access to such information; the citizens would have a better understanding of how the government functions. This would also help in promoting transparency and accountability in the government.

The RTI Act was introduced to achieve the above, it has become a tool to empower citizens, promote transparency and accountability in the workings of the Government, as it was felt that an informed public will be able to keep a vigil on the various departments of the government. This topic is a part of Paper 2 of the syllabus of Civil Services Exam.

The Right to Information is an act for the citizens of India to secure access to information under the control of public authorities. As per Section 2(h) of the Central Act the term "Public Authorities" means all Central, State and local level bodies which are set up under the Constitution or under any other State or Central statue.

Anybody owned, controlled or substantially financed or any non-Government organisation substantially financed directly or indirectly by Government. This means that even some private bodies which receive funding from the Government can be asked for information.

It has become a tool to empower citizens, promote transparency and accountability in the workings of the Government, as it was felt that an informed public will be able to keep a vigil on the various departments of the government. This act came into force in 2005 and it applies to all States and Union Territories of India except Jammu & Kashmir.

Under this act a citizen has the right to seek information which is held by the public authority for e.g. documents and records, certified copied of documents or records, etc. According to the Supreme Court and the Department of Personnel and Training (DoPT) the public authority can only furnish information that already exists but he/she cannot create information, should not collect and collate non-available information, interpret information, solve the problems raised by the applicants or furnish replies to hypothetical questions.

There are various modes in which the information can be sought by a citizen for e.g. diskettes, floppies, tapes, video cassettes etc. However, if the information sought in a particular form would unduly divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.

To seek information under this act one has to apply in writing or through electronic means in English or Hindi or in the official language of the area to the Public Information Officer (PIO) specifying the particulars of the information, these PIO’s are responsible for collecting information wanted by you and providing that information to you.

In case the PIO is not available you can submit your application to the Assistant PIO or any other officer designated to accept the RTI applications. There is a small fee involved while filing the applications. There is also a negligible amount that one has to pay for getting copies of information sought.

Depending on the state the amount can be deposited in the form of cash, Demand Draft, Indian Postal Order, Money orders, affixing Court fee Stamp and Banker’s cheque. Some state governments have some "head of account". You are required to deposit fee in that account. Fees are not charged from people living below the poverty line.

A PIO cannot refuse to accept an application for information even if the information does not pertain to their department or jurisdiction. In case they do so, and if there is evidence, the Information Commissioner has the power to take action on the concerned PIO officer. There is also a penalty of up to a maximum of Rs 25000 if a PIO fails to furnish information. An application can also be given to a RTI Appellate authority.

If the Central Public Information has rejected a request they should let the person who filed the application know the reasons for the rejection. The various exemptions from disclosure of information are listed in Section 8 of the RTI Act, 2005.But if the sought information is in public interest then the exemptions enumerated in Section 8 of the RTI Act, 2005 can also be disclosed.

The fact that more than 2 million applications are filed every year shows that this act has managed to encourage citizens to demand accountability from government authorities. However, according to experts there are genuine concerns with its implementation like poor record-keeping within the bureaucracy, bad infrastructure and lack of staff for running Information Commissions, and dilution of laws such as the one for whistleblower protection.

Also RTI activists have been troubled and some even murdered for seeking information as some public authorities do not want information about their activities to be disclosed. Some of the cases that came to light as a result of the RTI are Public Distribution scam in Assam filed by the Krishak Mukti Sangram Samiti,

Appropriation of Relief Funds filed by an NGO based in Punjab, and IIM’s admission criteria filed by Vaishnavi Kasturi, Adarsh Society Scam filed by Y Anandji and Simpreet Singh etc. It is in the interest of the nation that the RTI should be allowed to flourish without any hindrance to make India a great democracy.