INTRODUCTION: September 28 is celebrated internationally as Right to Know Day. Although India won its battle for independence in 1947 by making democracy its weapon, unfortunately the truth was different. Power was handed over to politicians and democrats, not to the common man then. In India, after a national campaign led by grassroots and civil society organizations, the government passed a landmark Right to Information Act in 2005. It is an Act “to establish the practical regime of the right to information for citizens”. RTI requires a timely response to requests for government information from citizens. It is an initiative taken by the Department of Personnel and Training of the Ministry of Personnel, Public Complaints and Pensions to provide an RTI portal to citizens for a quick search of information.
The idea that the government withholds information from the public has become obsolete. Over the past decade, many countries have enacted freedom of information laws. In India, the Official Secrets Act of 1923 was enacted to protect official secrets. The new law aims to divulge information by replacing the ‘culture of secrecy’. It will promote public accountability which will curb malpractice, mismanagement, abuse of discretion and bribery etc.
OBJECTIVES: The purpose of RTI is to empower citizens, promote transparency and accountability in the work of the Government. The Law is a great step for citizens to be informed about the activities of the Government. Social activist Aruna Roy has described India’s RTI as “the most fundamental law this country has ever seen”.
EFFECT OF THE RIGHT TO INFORMATION: As the debate on corruption continues in the country, the RTI Law is rapidly growing as an effective tool against corruption.
The Jan Lok Pal Bill gained tremendous public support with citizens taking to the streets of Delhi, Bangalore and other cities to express their anger at corruption. Where RTI has been used by journalists and the media, the law has a broad user base. The former right to freedom of speech and expression is granted under Article 19(1) of the Constitution, but requires a fair and efficient procedure for freedom of information to work. In the first three years, 2 million RTI applications were filed. The first and best-known movement was that of the Mazdoor Kissan Shakti Sangathan (MKSS) in Rajasthan for access to village accounts. Case studies and media reports show that RTI is being used to redress individual grievances, access rights such as ration and pension cards. The RTI has paved the way for an informed citizenry that would strengthen India’s democratic government. With this Law, we can make use of our right to speech and expressions and control the activities of the Government in an effective manner. The idea of open government is becoming a reality with the implementation of the RTI Law. The RTI can be called a success only if the bureaucracy accepts that it has a constitutional to serve.
RTI PROVISIONS: Section 3 says that all citizens shall have a right to information. The Law imposes on public authorities the duty to disclose all information. In VSLee V. State of Kerala.. the remedy provided by Parliament is that wherever there is substantial financial support, the People have a right to know or information. Section 4(2) states that every public authority must take constant steps to provide information on its motorcycle to the public. Therefore, the authorities have to give information voluntarily so that the public has a minimum resource to use this Law. The public authorities must also disseminate (make known or communicate the information to the public through bulletin boards, newspapers, announcements media broadcasts, the Internet, and inspection of public authority offices) information widely in any form that is easily accessible to the public. audience. The information can be obtained by written request or through electronic means in English or Hindi or in the official language of the area US 6. Here, the person must pay the fees, and if the request cannot be made in writing , the Central PIO and State PIO will provide all assistance in making the request in writing. If the information has been provided correctly or on time, it may be available by appeal or complaint to the US Information Commission (8(a) 1). In The Registrar General VKU Rajasekar, it was held that Section 8 of RTI especially deals with cases of exemption from disclosure or information where such information detrimentally affects the sovereignty and security of India etc. Section 5 says that every public authority shall, within 100 days of the enactment of the Law, designate as many officers as Central Public Information Officers or State Public Information Officers.
Section 6 allows the person to obtain information in English or Hindi or in the official language of the area from designated officials. The person does not need to give any reason for the request. Section 7 requires that the request be resolved within 30 days, provided that when the information requested concerns the life or liberty of a person, it must be provided within 48 hours. Section 7(7) before making any decision to provide the information, the designated official shall take into consideration the representation made by the third party U/S 11. Section 7(9) exempts the release of information when it would mislead the
resources of the public authority or would be detrimental to the security and conservation of the document in the records. U/S 8, it is important to point out that the Law specifies that intelligence and security organizations are exempt from the application of the Law. However, it provides that in the event that the request for information refers to allegations of corruption and violations of human rights, the Law will apply even to said institutions.
RIGHT TO INFORMATION AS A FUNDAMENTAL RIGHT: The RTI is a fundamental right as in article 19(1)(a) of the Constitution is now a well-established proposition. It has been discussed by the Supreme Court in Number of cases, it has been read in Article 14 (Right to equality), 19 (1) (a) freedom of expression and Article 21 (Right to life) through cases such as Bennet Coleman v Union of India, Tata Press Ltd. V. Maharashtra Telephone Nigam Ltd. Etc. The same articles were also interpreted in Kharak Singh V. State of UP, Govind V. State of MP, ETC. include within its scope the right to privacy.
A simple reading of Section 11 suggests that for the section to apply, the following three conditions must be met (I) if the PIO is considering disclosing the information (ii) the information relates to the third party (iii) the third party dealt with the information to be confidential, consult the third party and send a notice to that third party. Section 19 provides a two-tier appeal system: First Appeal and Second Appeal. Any person who is aggrieved by the decision of the Central PIO and the State PIO within 30 days may prefer the First Appeal before the First Appeal Authority. This authority will be an official of a higher rank than the central PIO and the state PIO. The appeal can also be made by a third party. The second appeal is filed with the State or Central Information Commission against the decision of the First Appeal Authority. It has to be filed within 90 days. Under Section 19(7), the decision of the State or Central Information Commission is final. The Information Commissioners will be eminent persons in public life with extensive knowledge and experience in law, science and technology, social service, management, journalism, media and governance. In Nirmal Singh Dhiman V. Financial Commissioner of Revenue, Section 23 says that no court shall consider any suit, application or other proceeding in respect of any order and no order shall be challenged except through appeal. In this case, the complainant was aggravated against the non-provision of information by the Public Information Officer.
CRITICISM: The Law has been criticized for various reasons. Provides information on demand, but does not sufficiently emphasize information on issues related to food, water, environment, and other survival needs. It does not emphasize active intervention in educating people about their rights to access information. Another thing is to allow exceptions to file annotations except those related to social and development projects. File notes are very important when it comes to government policy making.
CONCLUSION: By enacting the RTI, India has moved from an opaque and arbitrary system of government to the beginning of an era where there will be greater transparency and a system where the citizen will be empowered. True Swaraj will come not by the acquisition of authority by a few, but by the acquisition of the ability by all to resist authority when it is abused.
“KNOWLEDGE IS POWER, INFORMATION IS POWER, THE SECRET OF INFORMATION CAN BE AN ACT OF TYRANNY CAMOUFLAGED AS HUMILITY”.