Layman's Guide to Right to Information Part 1: How to Use Information from RTI?
1.
What is Right to Information (RTI)?
Right
to Information means our right to get information from “public
authorities”. Broadly speaking, RTI means that We The People have
the right to procure copies of documents from State and Central
Government, and other organizations that are controlled, or
substantially owned and financed by the government. Right to
Information Act 2005 (RTI Act 2005) is called the “Sunshine
Act”, because it helps people like
you and I -- the citizens of India – to make the government
transparent.
Also,
just as sunlight destroys germs, the Sunshine Act helps the common
man to fight against corruption, and to fight for getting his rights
from various government authorities, and also from
government-regulated private parties such as suppliers of various
goods and services, builders and contractors, utility companies, etc.
2.
What does RTI Act say?
In a
nutshell, the Right to Information Act says that any citizen of India
has the right to demand information from a government organization
(e.g. BMC ward office, police station, Govt. Department in
Mantralaya, District Collector’s office, etc.) by filing up an RTI
Application form. Once such an application is received, it becomes
the official duty of the Public Information Officer (PIO) in that
organization to send the requested information, or a properly
reasoned reply to the information-seeker, within 30 days.
3.
What is the guarantee that PIO will give us information?
If the
PIO – who is usually a government official -- does not do this
duty, then you and I have the power to get him/her penalized. Penalty
of Rs 250/- per day will be deducted from his salary if it is proved
that the PIO neglected his duty to give you the correct information
within 30 days. If the PIO is found to be habitually negligent in his
duty to give you information, then departmental enquiry and
disciplinary action can also happen, and he will suffer severe
consequences such as loss of seniority. The PIO’s whole career as
a government employee will be affected.
4.
After proper information is given to us, what to do with it?
Information
is power. After you get your hands on the necessary information –
which is usually in the form of documents – you must promptly use
these documents to take further actions for enforcement of your own
rights, or the rights of your fellow-citizens. You may use these
documents for fighting corruption, or for spreading knowledge in the
public. Of you may use them for your own purposes, e.g. if you are a
doctoral researcher or a journalist, you may use the documents for
writing your PhD thesis or filing a newspaper report. If you are a
policeman, you may use this information for detecting crime. If you
are a lawyer, you may use it for fighting your case. If you are an
RTI activist, you may share this information with your
fellow-activists, or publish this information in the public domain to
help others.
5.
What actions can we take after receiving RTI documents?
Getting
documents under RTI is only the first step. After that, you need to
do some or all of the following things:
(a)
Study, analyze and understand what each document shows.
(b)
Understand exactly which laws and rules have been violated.
(c)
Use these documents as evidences for writing complaints and
representation to the proper authorities e.g. government department,
police station, consumer court etc. for resolving your grievances.
(d)
Issue a press release, or write a blog using these documents.
(e)
Scan and upload the RTI documents, and make them accessible to the
public through social media.
(g)
Call a meeting of like-minded and knowledgeable persons to share and
discuss these documents. Discussions
give clarity!
(h)
Hold meetings with government officials and support your arguments
with RTI documents. Documents are a powerful way of asking for change
and giving them a sense of urgency.
(h)
Call a press conference if the documents are of public importance and
reveal a scam.
(i)
After you have used these documents in every possible way to improve
the situation, then you may consider filing a Public Interest
Litigation before the High Court.
(j) …
And last but not least, follow up with further RTI applications based
on the documents that you now have! There is no such thing as having
“too much information”. Every additional piece of information and
additional document makes you stronger and smarter, and makes your
opponents less able to defeat you. If the subject of your RTI is
important, you may continue filing a variety of RTI applications to
various government departments, Public Sector Undertakings (PSUs),
regulatory institutions etc. to build up a huge bank of documents
that you can use for the actions suggested above.
6.
What to do if proper information is not given to you?
If the
PIO does not give you proper information (or proper reply) within one
month, then file a “First Appeal” to the First Appellate
Authority (FAA) in the same organization, within another 30 days.
Filing
a First Appeal is as easy as filing an RTI application. After
receiving and reading your first appeal, the FAA will write a letter
to you, inviting you for a hearing, where the PIO will also be
present. After listening to your arguments and also the PIO’s
arguments, the FAA will hopefully pass an order that strictly
instructs the PIO to give you the necessary information. (Sometimes,
the FAA may uphold what the PIO says in his own defense. He may say,
for instance, that the information that you had requested are
exempted from disclosure under the RTI Act.) In case the FAA’s
order is not in your favour, you have the option of going for a
Second Appeal. Alternatively, you may accept
the reply and use it as feedback to
write a better RTI application next time!
7.
What is Second Appeal, and when should we exercise it?
In
case you have not got the proper information even after going for
First Appeal, then it may be necessary to continue the battle. A
Second Appeal must be filed within 90 days of filing the First
Appeal, and it must be addressed to the Information Commissioner. The
Commissioner will hold a hearing where you and the other party (PIO
and FAA) will be allowed to present your respective arguments. The
Commissioner has the power to order the PIO to give you the
information, and to order the PIO’s department to deduct upto Rs
25,000/- penalty from the PIO’s salary. He also has the power to
order the PIO’s department to hold a departmental enquiry and
initiate disciplinary proceedings if there is evidence to show that
the PIO is habitually disobeying the RTI Act.
8.
Where is the office of the Information Commissioner?
That
depends on whether you have to approach the State Information
Commissioner or the Central Information Commissioner.
You
should file Second Appeal to the State
Information Commission if your original RTI application was to a
State Government body (e.g. BMC, Chief Minister’s Office, any
department in Mantralaya (Mumbai), Police, BEST, District Collector,
Gram Panchayat, etc.) Names and contract details of various
Maharashtra Information Commissioners, and other useful details, are
at http://tinyurl.com/Maharashtra-SIC.
The headquarters of Maharashtra SIC is at 13th
floor, State Administrative Building, Opposite Mantralaya, Mumbai.
Maharashtra SIC has benches at (and holds hearings in) Mumbai, Pune, Aurangabad, Nagpur,
Amrawati, Konkan and Nashik.
Alternatively,
if your RTI Application was addressed to a Central Government body
(e.g. Union Ministry of Petroleum & Natural Gas, Prime Minister’s
Office, Bharat Petroleum, etc.), then your Second Appeal should be
filed to the Central
Information Commission. Names and contract details of various Central
Information Commissioners, as well as other useful details, are at
http://cic.gov.in/
. Central Information Commission is at August Kranti Bhavan, Bhikaji
Cama Place, New Delhi - 110 066 & Old JNU Campus, New Delhi -
110 067.
Standard format for RTI Application
(Can be used
for RTI to Public Authorities under Maharashtra Govt. or Central
Govt.)
Affix Indian Postal Order
of Rs. 10/-
Application for obtaining
information under the Right To Information Act, 2005.
The State Public
information Officer, (Name of the Office with Address)
(1) Full name of
Applicant:
(2) Full Address with
phone No.:
(3) Particulars of the
information required
(i) Subject matter of
Information:
(ii) The period to which
the information relates:
(iii) Description of the
information required:
(iv)Whether the
information is required by post or in person: (the actual postal
charges shall be included in additional fees)
(v) In case by post
(Ordinary, Registered or Speed):
(4) Whether the applicant
is below poverty line
(if yes, attach the
photocopy of the proof thereof.)
Place: Date: Signature of
Applicant
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