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Showing posts with the label Right to Information

Layman’s Guide to RTI Act 2005 Part 6: Understanding RTI Rules

Maharashtra Government‘s RTI Rules are almost identical with Central Government’s RTI rules, with only tiny differences. The rules are: Form of application. RTI application should generally be filed in format given as Annexture A of the Rules. Word limit and subject: Each RTI application should only be about one subject, and the queries or requests under the heading ‘Description of Information‘, should not exceed 150 words. You can file additional RTI applications on same subject, if your queries exceed 150 words, or you want information on more than one subject. For Central government, the word limit is 500 words. Application fee. Application fee of Rs.10/- are to be paid by affixing Court Fee Stamp or Indian Postal Order (IPO) or bank’s demand draft or banker’s cheque in favour of public authority from whom information is sought, or in cash at the concerned office against receipt. Copying charges. Information in A-3 o...

Layman’s Guide to RTI Act 2005 Part 5: Your Rights As A Citizen

Quite often, people feel guilty and try to explain why they want a particular piece of information. Some people write a covering letter for their RTI application explaining their grievances and how getting the information will help them. Others explain that they are collecting information for their doctoral thesis or newspaper article. Still others try to impress the PIO by writing that they are relatives of a Member of Parliament, or the president of some association or trade union. All that is unnecessary. Section 6(2) clearly says: An applicant making request for information shall not be required to give any reason or any other personal details except those that necessary for contacting him. So, whether you are drafting your RTI application, speaking to a PIO or any Appellate Authority, remember: you need not disclose the purpose for which you want the information, or any additional details about yourself. Your name and contract details is all that anybod...

Layman’s Guide to RTI Act 2005 Part 4: Refusal and Severability of Information

In case the requested documents are denied to you under sections 8, 9 or 11, and the PIO and appellate authorities refuse to budge, what to do? The answer is: Take whatever documents you can get, after severing off the documents (or parts thereof) to which the above-mentioned sections apply. Section 10: (1) Where a request for access to information is rejected on the ground that it is exempt from disclosure, access may be provided to that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information . (2) Where access is granted to a part of the record under sub-section (1) the PIO shall give a notice to the applicant, informing — that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; the reasons for the decision, including any findings on any material question ...

Layman’s Guide to RTI Act 2005 Part 3: How to avoid refusal by Public Information officer?

Can government give every information that is requested by a citizen? No. The country cannot run unless some information is secret or confidential in government organizations. For example, information that is of strategic importance (such as the latest missile being developed by Indian Space Research Organization (ISRO), cannot be shared with the public. Similarly, if peace talks are being held between Indian and its neighbouring country, such details cannot be disclosed until the talks are concluded. Intelligence and national security organizations of the government are generally exempted from the ambit of the RTI Act. For example: Intelligence Bureau. Research and Analysis Wing (RAW) Directorate of Revenue Intelligence Central Economic Intelligence Bureau Directorate of Enforcement Narcotics Control Bureau… A complete and updated list of these exempted organizations is available in Second Schedule of RTI Act. G...

Layman’s Guide to RTI Act 2005 Part 2: Where can you file RTI, and what information can you demand??

 From which organizations can you demand RTI info? A wide variety of offices of government and administration, PSUs, and some privately owned and run bodies also, are covered under the RTI Act 2005. You have the right to demand information from any body that is covered under the definition of “public authority” under RTI Act. Your RTI application has to be addressed to “The Public Information Officer, [Name of Public Authority, Postal Address of Postal Authority.]” For example, if you want some information from Kasturba Marg police station, your RTI application should say, “To the Public Information Officer, Kasturba Cross Road Number 1, Chinchpada, Borivali East, Mumbai, Maharashtra 400066.” The beauty of RTI Act is that you don’t even have to know the name of the Public Information Officer, or the name of the office about which you need information. You only need commonsense and the information that is easily available on the internet. For example, you can file RTI app...

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 righ...

Anti-RTI Judgment Shields INSANE Judges

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Is Supreme Court shielding INSANE JUDGES? Did a bench headed by CJI Dattu rule against giving RTI information about judges' medical expenses on Thursday, to prevent the public from knowing which judges take prescription-drugs for MENTAL ILLNESSES? These judges may arguably be impeached on grounds of being unable to discharge their duties because of "unsound mind". Image: http://tinyurl.com/Insane-Judge-RTI Here's a list of High Court judges in India: http://tinyurl.com/HC-Judges-list Are we saying that out of these 650-odd judges, not even one is taking treatment for Schizophrenia? Or Alzheimer's disease? Or Bipolar Disorder? It is statistically impossible to have a 100% perfect population of judges. Not having a mechanism for weeding out the nutty ones means inflicting defective judgments on the unsuspecting and defenseless citizens of India! Warm Regards, Krishnaraj Rao 9821588114 Mumbai

RTI Complaint or RTI Second Appeal? Which is more effective? Read this analysis and decide

RTI Appellants can use Section 18 to improve their chances of  getting Public Information Officers (PIOs) penalized by sacrificing their demand for getting the requested information.   A strictly legal interpretation of this section of Right to Information Act 2005 leaves the PIO and the public authority (and also the Information Commissioner) with relatively less room for escaping. Read section 18(3) with care. It says: “ The… Information Commission… shall, while inquiring into any matter  under this section,  have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters­” Please note: Sec 18(3) confers the special civil-court-like powers  only while enquiring into Complaints, and not while deciding on appeals under section 19. Check out this detailed comparison of Complaint and Appeal u/s Section 18 and 19: 1. SYSTEM REFORM versus GETTING INFORMATION u  Comp...