RTI- REVOLUTION TIME FOR INDIA
The Right to Information, the right to have your say, ask the public authorities, the Government, get to know the real essence of the issue, the solution to all your official troubles and at last but not the least , a right that make you feel that you are more than just a ‘common man’.
RTI stands for the Right to Information. The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.
It has been enumerated in the Article 19(1) of the Fundamental Rights that give you the right to freedom of speech and expression. Any citizen of India who desires to obtain any information under the Right to Information Act, 2005 may make a request to the Public Information Officer/Assistant Public Information Officer in writing or through electronic means.
It is a fact that until and unless we know something about a certain thing, we cannot really contribute to its growth or development. We can neither ensure its success nor guarantee its long running use. For all this to happen we need to have a means through which we can know all that we want to know from the Government officials or the Public authorities. This is what was realized by the Supreme Court in 1976 in the case of Raj Narain v. State of UP that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19 and is a fundamental right. In the same case, Supreme Court further said that India is a democracy. Therefore the Right to Information has to be a main feature of the Indian Legal System.
Talking about the democratic structure or features of India as a country, the right to information is like an icing on the cake. It provides a common man a sense of power, the authority beyond the Public authority.
Right to Information Act 2005 empowers every citizen to:
- 1. Ask any questions from the Government or seek any information
- 2. Take copies of any government documents
- 3. Inspect any government documents.
- 4. Inspect any Government works
- 5. Take samples of materials of any Government work.
The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.
RTI provides you with the mechanism that helps you find the progress of your individual case and that can be anything. For example if you have fired an FRI you can always file an RTI in case the police is not active enough or you are not able to trace the progress of your case. And if you want to find out the reasons of the loopholes in the system again RTI is considered the last resort. This makes the public authorities responsible. If not out of choice then out of fear of public humiliation or anger the authorities or officials have to work carefully that makes them more vigilant.
There is one Officials Secrets Act, 1993. It states that one cannot approach, inspect, or even pass over a prohibited government site or area. The disclosure of any information that is likely to affect the sovereignty and integrity of India, the security of the State, or friendly relations with foreign States, is punishable by this act. But Sec. 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act.
As far as the process of filing an RTI goes then you need to start with submitting your application to the Public Information Officer. One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO. The application fee for Central Government Departments is Rs 10. For getting information, you have to pay Rs 2 per page of information provided for Central Government Department. The application fee can be paid in person through cash or by post.
In case the application is submitted to the PIO then information can be made available to you within 30 days and in case of APIOs, then the limit extends to 35 days. However, if the life and liberty are the main issues then within 48 hours you will get the information. This way the officer or any government employ that is charged of non-performance will have to bear the consequences.
The right to information (RTI) Act is slowly emerging as a powerful tool to establish transparency in the democratic system. But, there is a growing need to spread awareness about the act in remote parts of the country in order to make it truly effective. The success of the act would depend on its appropriate use at the right time. It should not be used as a tool to trouble the officers at the helm of affairs, but genuine questions and information in public interest should be promoted via RTI act. There is a lot more to be done regarding the implementation of RTI. Though there can be some obstacles in the development of our country, India, but RTI is a step forward to achieving good results and development of the country. It is because of the simple fact that “Continuous improvement is better than delayed perfection.”
A few important links related to RTI Act are as follows:
a) www.cic.gov.in - This is the website of the Central Information Commission, the apex body to ensure the implementation of the RTI act.
b) http://rti.india.gov.in/ - Alternate link for CIC.
c) http://righttoinformation.gov.in/ - The Govt. of India site for RTI's.
d) http://www.rtiindia.org/forum/content/ - RTI India, A popular public forum on RTI Act.
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