Right to information

An Interference Group under Chaitanya

Aboriginal enquiry to RTI
Being Human
Forms: Biological /Psychological/ Social

What makes human humane?
Soul / Emotions / Skills /
Intelligence / Choices

Rationale of rationality
Choosing more over less - rational
Choosing less over more - social rationale

He who sees all beings in his own self And finds the reflection
Of his own self in all beings Never looks down upon any body.
(Yajurveda 40/3) (1000-600 BCE)

||
Justice Revisited (Manu Smriti)
A king who properly inflicts (punishment), prospers
with respect to (those) three (means of happiness); but
he who is voluptuous, partial, and deceitful will be
destroyed, even through the (unjust) punishment
(which he inflicts). [v.7.27.]

Punishment (possesses) a very bright lustre, and is
hard to be administered by men with unimproved
minds; it strikes down the king who swerves from his
duty, together with his relatives. [v.7.28.]
Pro-claimers
Ashoka
Chaitanya
Rousseau
Code of hammurabi
Magnacarta
United Nations

HUMAN RIGHT not only of protection from state.
Life, dignity, freedom
Each breath, each step is a human right.
Human possess unique powers of intellect.
Knowledge makes human beings what they are.

Right To Information
The Ignorance
The suffering that
ignorant men inflict upon
themselves can hardly
be caused even by their
enemies.
Dearth of knowledge is
dire destitution.
Other forms of poverty,
the world deems less
impoverishing
Thirukkural
verses 843, 841
Know You Must.
Truth about the ACTION must be known.

Truth about the INACTION must be known.

Truth about the PROHIBITED ACTION must be known.

Mysterious are the ways of ACTION.
Answers Are There

Ask
and it shall be given to you;
Seek
and you shall find;
Knock
and it shall be opened unto you.
For every one that asketh
receiveth;
and he that seeketh
findeth;
and to him that knocketh
it shall be opened

Matthew
7:7-8
Human Conscience
Thirst of Knowledge
Cause of Development
Cause of conflicts
Evolved secrecy
Logic and Reasoning
Prashna Vidhan
Kasmai Devaya Havisha Vidhem?
(What God to Worship?) (Rig-veda)
Yaksha Prashna (Mahabharata) and others.
Extent of labour and risk for Knowledge?
Wealth (Amrapali)
Health (Charak)
Life (Alchemists)

Have we earned an intrinsic right to quench our thirst to know all?
Risks with Information
Is there any Information you would offer your
life for?
Is there any information you would rather like
to forget or live without?

With Open Eyes
There Lie All The Risks
Of Falling, Failing,
Flailing And All
Information And Communication
Information as Content
Carried with communication (each form)
Creates ability to receive further communication.
Initiates the chain of civilisation.
May be polluted with Bias, Propaganda, Fallacy,
Degeneration, Half-info, Non-info etc.
Has to pass through numerous barriers.
Information as feed-back
Every question gives the personality of recipient.
Question itself are feedback of perpetual communication.
Pointer to development.
Data to modify actions and communications.
All to know
Socrates and his five indictments.
Galileo and works towards truth.
Mahatma Gandhi experimented with
truth.
Why To Know?
To Tell Everyone
Philosophy of Right To Information
1. Public owns Govt.
2. Accountable Bureaucracy.
3. Transparent Actions.
4. Answerable System.
5. Friendly to Poor.
6. Public Servants concept.
7. Tool for Moral Cleaning.
8. Support against Political Pressure.
Right To Information
Concept of Information
Information is Guidance.
To think.
To act.
To consider.
Contains Usability.
Imparts Satisfaction.
Multiplies itself.
Information is POWER.
Potent Objective Willful Earnest Responsive
Right means what?
No Wrong Possible with a Right.
Control & Will vested into Holder of Right.
Contains Authority.
Confers subsidiary and complementary
powers to materialise the rights.
Not to bring any duty.
Can be limited only in Extraordinary
Situations with reasons stated or inherent.
Right To Information: WHY?
To Cure:
Lack of Transparency.
Lack of Accountability.
To Develop:
Towards better Democracy.
For optimum use of resources.
To Justify:
International scenario.
Inherence with Freedom of Expression.
Information as outcome of public money.
Why An Act?
International obligation to article 19 of
ICCPR (International Covenant on Civil and
Political Rights).
SC ruling about RTI inherent with Right to
Freedom of Speech and Expression in
Article 19 of Indian Constitution. (State of
UP Vs. Rajnarayan)
Subsequent rulings linking RTI to Right to
Life (Art. 21, Constitution of India).
Origin of Free Information
In 1946 the United Nations General
Assembly passed one of its very
earliest resolutions. It stated this:
Freedom of information is a fundamental
human right and then touchstone of all
freedoms to which the United Nations is
consecrated.
That is a very large claim. What do you
think the UN meant in that resolution?
Origin (Cont)
Chronology of FOI laws
Sweden 1766
Colombia 1888
Finland 1951
U.S.A 1966
Denmark, Norway 1970
France 1978
Australia, New Zealand 1982
Canada 1983
So far, 70 countries have passed FOI laws.
Origin (Cont)
240 years ago , Sweden passed the first freedom
of information law in the world.
principally sponsored by a Finnish clergyman Anders
Chydenius , inspired by the humanist Confucian philosophy

and the fact that Chinese emperors were expected
to:

admit their own imperfection as a proof for their
love of the truth and in fear of ignorance and
darkness.
Origin of openness not in West, but in the East.
Path that led to RTI Act,2005
23.12.2004 the RTI Bill introduced in the LS.
11.05.2005 Loksabha passed the RTI Bill.
12.05.2005 Rajyasabha passed the RTI Bill.
15.06.2005 The President gave assent to the
Act; few provisions came in force.
21.06.2005 RTIA published in the Gazette of
India, Part II, Sec.1 Ext.No.25.
12.10.2005 RTIA came fully into force.
Supreme Court on RTI

Bennett Coleman v. Union of India, AIR 1973 SC 60.

State of UP v. Raj Narain, (1975) 4 SCC 428.

S.P. Gupta v. UOI, AIR 1982 SC 149.

Secretary, Ministry of I & B, Government of India v Cricket
Association of Bengal (1995) 2 SCC 161

Peoples Union for Civil Liberties v. UOI, 2004 (2) SCC 476.
RTI Contributes
less corrupt & healthier society.
society that is free from hunger, &
where environment is respected.
fundamental human rights and
privacy respected.
country more secure, more
democratic.
government more efficient.
better decision-making.
economy to be more efficient.
individuals to be better treated from
institutions.
What More???
The New Demands
Right to blow the whistle
The people who know best are insiders. Information
released to the public may not be the whole truth it may
not even be the truth at all. Particularly in cases where
serious mismanagements are taking place.
It is important that the right to information shall
include the right of officials to make public
information about wrongdoing in their own
institutions.
A Whistle Blower Clause
or a separate Act is called for.
The Magsaysay Triad
MKSS (Majdoor Kisan Shakti Sangathan)
Aruna Roy initiated a demand of RTI over NREGA muster
rolls.
Organised Public hearings (Jan Sunwai).
Parivartan (Sampoorn Parivartan, KABIR)
Arvind Kejariwal took up the cause in DELHI.
Resolved many Issues with CIC.
NCRTI (Campaign mode of NCPRI)
Sandeep Pandey from ASHA trust took it as a tool.
Keeps watch over RTI issues on commission level.
The Expansionists
Development of various formal and non-formal
groups enthused by success stories pouring
out.
The Media lead: (Apart from Internet)
Janane ka Haq (DD News).
Ghoos Ko Ghoonsa (Hindustan).
Assigned RTI beat in every media house.
Haq Hai Hamara started as Community TV
Experiment, the first of its kind in India.
Cablecasted in 14 Cities of Bihar.
Developed into Interference enterprise as JAWAB.
Wathchdogs still counting numbers.
Right To Information Act, 2005.
Preamble as Guide
An Act to provide for setting out
the practical regime
of right to information for citizens to secure access
to information under the control of public
authorities, in order to promote
transparency and accountability
in the working of every public authority,
the constitution of a Central Information
Commission and State Information Commissions
and for matters connected therewith
or incidental thereto.

Preamble Explains All
Whereas the Constitution of India has established democratic
Republic;
And whereas 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;
And whereas revelation of information in actual practice is likely to
conflict with other public interests including efficient
operations of the Governments, optimum use of limited fiscal
resources and the preservation of confidentiality of sensitive
information;
And whereas it is necessary to harmonise these conflicting interests
while preserving the paramountcy of the democratic
ideal;
Now, therefore, it is expedient to provide for furnishing certain
information to citizens who desire to have it.
Information Includes
Any material in any form.
including records, documents, memos, e-
mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held
in any electronic form.
Information relating to any private body
which can be accessed by a public authority
under any other law for the time being in
force;
Definitions
Right To Information
Who is PIO?
Every public authority shall, within one
hundred days of the enactment of this Act,
designate as many officers as the
Central Public Information Officers or State
Public Information Officers, as the case may
be,
in all administrative units or offices under it as
may be necessary to provide
information to persons requesting for the
information under this Act.
Duties of PIO
Receiving Applications for information (Any Dept.,
Any Subject) (5.2)
Rendering All reasonable assistance to the
applicant in preparing application. (6.1.b)
Dealing With the applications.
Transfer to suitable PIO or SIC or CIC. (6.3)
Communicating the information within timeframe.
Calculating cost of information and conveying it within
the time frame to the applicant.
Reject the application with communication giving
reasons straight from section 8 or section 9. (7.1)
Keeping track of Proactive disclosures.
Pleading for public authority to SIC/ CIC.
Powers to PIO
Demanding assistance from any other
officer for proper discharge of duties.(5.4)
Transfer the duties of PIO over the
officers from whom he seeks information.
Transfer the application to other public
authorities within five days, who are more
closely concerned.
Deciding the extent of revelation and
segregating the information not to be
disclosed.
Take all necessary action in good faith to
ensure the information to be given.
Application Rules
No more askance in application except the contact
details.
Reason for demanding information cant be asked.
Language : English/Hindi/Official language of the
area.
Written or Electronic application.
No rejection apart from section 8,9.
Max. Time to reply: 30 days from receipt.
Time only 48 hours for information affecting life and
liberty of a person.
No cost of information to be levied if time limit not
adhered. (After 30 days, information is free)
NO Reply within time is deemed rejection.
Application Rules (Contd)
Communication of cost of information shall
contain the details of calculation.
All decision by the PIO must illustrate his right to
take such decision and the details of appellate
authority.
No Fee is to be charged from persons Below
Poverty Line (BPL).
Information shall be in the form as demanded by
the applicant.
If that is not detrimental for the security of records.
If that doesnt diverts the resources
disproportionately.
Proactive Disclosures
4.1.b contains a list of 17 manual to be
prepared and regularly updated by every
public authority.
Should be ready now. (Initially 120 days allowed)
Make task of PIO easy.
Demand regular updating.
Establish internal check over routine affairs.
Save the public resources.
Communicate transparency.
Always in demand by NGOs and Socially
active groups. Better image of Govt.
Exemptions from disclosure
Information shall not be given if it is: (Sec.8.1)
Detrimental for state.
Leading to incitement of an offence.
Expressly forbidden by court of law.
A breach of parliamentary or SL privilege.
Violating trade secret/ intellectual property unless
public interest involved.
Confidential with foreign govt.s.
Detrimental to anyones safety and security.
Hurdle in prosecuting for offences.
Cabinet papers yet in process.
Invasion of individual privacy except
for public interest.
Exemptions from disclosure
The Key is:
Any information not to be denied to
parliament shall not be kept away
from an individual.
Public interest overrides section 8.1 along with official
secrets act, 1923.
After a period of 20 years ALL information shall come under
public domain.
Computation of this 20 years time as per the decision of central
government.
Section 9 denies the disclosure of information involving an
infringement of copyright subsisting in a person other than state.
Provision of Appeal
The appeal may be filed if:
The information is not satisfactory.
The cost of Information is inappropriate.
The rulings of the act are disobeyed or overlooked.
The applicant, if not satisfied with the decision of PIO
may file an appeal before a designated first appellate
authority.
Appeal may be filed only within 30 days of receiving
the reply from PIO or the last date set for it.
An Appeal shall be duly heard within 30 days or at
most within 45 days with reasons in writing and the
applicants view along with that of PIO shall be
matched to justice.
Second Appeal
Second Appeal before SIC or CIC may be filed
against the decision of first appellate authority.
Second Appeal shall contain the full details of
application and the first appeal.
Normally PIOs are called to reason with the applicant
unless the applicant expressly confers his grievances
to the first appellate authority.
Commission are to hear complaints too apart from
the appeals. Complaints are directly made to
commission regarding any breach of the Act.
Must be filed within 90 days of receiving the decision
of PIO or the last date set for it.(120 days from appl.)
Information Commission
Quasi judicial body.
Holds full procedural rights of a civil court.
Autonomous decision-making.
Comprises 1 Chief commissioner and less
than 10 commisioners.
SICs and CIC are not in concurrent
jurisdiction.
CIC may establish offices anywhere in india
with previous permission of Central Govt.
IC : Functions
Receives complaints and inquire:
Regarding absence of PIO/ Denial to receive or
transfer applications by PIO.
In denial of access to information.
Into NO response within the time limit.
Unreasonable fee.
Incomplete/Misleading/False Information.
Other cases of unwanted secrecy.
Receives and inquire into Second Appeals.
Has to Present a report annually to the
appropriate govt.
IC: Powers
Can Demand ANY Record from any Public
authority.
May Order Public Authorities:
TO inform in a particular form.
To appoint APIO and PIOs.
To change the record keeping procedures.
To publish certain category of information.
For training of officials on RTI. And Demand
Annual Report of Compliance toward RTI.
To Compensate the complainant for losses.
Impose Penalty upto Rs.250 per day of delay to
a maximum of Rs.25000/=
Recommend disciplinary action under service
rules.
Role Of the Appropriate Govt.
Put the report of IC to the legislation and take
appropriate actions in light of it.
To train and educate masses specially weaker
sections about the act.
Encourage Public authorities to do the same.
Training of PIOs.
Preparation of a comprehensive guide to RTI.
Preparation and updating of a manual to RTI
containing a detailed directory of PIOs.
Make rules to provision of act without prejudice to the
generality of the foregoing power.
Conflicts to be resolved by Central govt.
All rules made must be put before legislation.
Some Special Sentences
No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith
done or intended to be done under this Act or any
rule made thereunder.
The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in the
Official Secrets Act, 1923, and any other law for the time being
in force or in any instrument having effect by virtue of any law
other than this Act.
No court shall entertain any suit, application or
other proceeding in respect of any order made under this Act
and no such order shall be called in question otherwise than by
way of an appeal under this Act.
A Second Schedule
A few security agencies are kept outside the
purview of this act and this list can be altered by the
govt.
List contains NSG, IB, R&AW, Assam Rifles etc.
Gives an override to Corruption charges and
Human Rights Violations.
Residuary institutions left open.
This ensures secrecy of information of sensitive
nature.
Gives a new secrecy regime.
Puts a blanket between Nation and State.
Right To Information
Legal Barriers
Official Secrets Act, 1923.
Calls for secrecy about government works.
Prohibits Transparency.
Indian Evidence Act, 1872.

Civil Servants Code of Conduct Rules, 1968.
All these acts are overridden by RTI Act.
Lack of Orientation
Corruption has become a system.
Applicants confronted by:
Corrupt bureaucrats.
Beneficiaries of corruption in society
Foul play creates a wrong gainer and a right loser.
Acceptance of corruption as routine gives the wrong gainer a
social edge.
Corruption flows to legislation and the elector. Politicians too are a
threat sometimes.
Low level politics has fallen to criminalisation or has turned into
beneficiary of corruption.
Officers popularly take this act as a slashing of their
rights and not an enhancement in their citizen rights
while they too fall prey to corruption in other places.
Proper Orientation and exercise of will is warranted.
Debate: Pro-Secrecy complains
Makes it tough to work.
Wastage of meager
resources.
Pushes for inappropriate
decision-making.
Blackmail by malevolent
applicants.
Numerous trivial
applications.
Restricts freedom of
officers.
Sandwiches between
citizens and politicians.
Debate: Pro-FOI logics
Resources belong to
people.
Make decisions easy and
reasons handy.
Applicant is not malevolent.
Only a wrongdoer can
receive the blackmails.
Proactive disclosures
reduces trivial applications.
No matter is trivial to a
needy person.
Increases transparency &
fixes responsibility.
Curbs culture of corruption.
Devised Escapes
Backdating of Replies.
Adhering to words of application under RTI and not
providing information really meant.
Sending envelops containing blank papers as reply.
Giving a very high cost of compilation of information.
Proactive disclosures not prepared.
Charges applicant for malicious intention.
Calling applicant for information/hearing and deliberately
heating the discussion leading to charges of interruption
in official work being slapped on applicant. Some
applicants have also been arrested in this way.
Putting beneficiaries of corruption to harass applicant.
Denies fees citing addressing to inappropriate account.
Some departments like police use abnormal tact.
Forces : Against or Together?
Against:
A very little no. of officers are with RTI.
Malicious association of politics, bureaucracy and
crime against Rights of Citizen.
Developing in a struggle between the Indian nation
and the Indian state.
Together:
All Intervention groups, NGOs, activists.
Ideal of Justice, Human Right and Nationalism.
The oppressed citizenry and information have-nots.
The last laugh

The Change Is Possible
Only If
We Want To Change.
Thanks
JAWAB
A Citizen Interference Group
editboard@gmail.com
Anand
Asst. Director,
Information & Public Relation Deparment,
J harkhand, Ranchi
Cell. No-09304133161